terms of use

Terms

Syngli Inc., its employees and contractors (collectively, "Syngli") operate http://syngli.com (referred to hereafter as the "Website"). Syngli provides a collection of online resources, including databases of stored premises plus software for learning and testing (the "Service"), subject to the following Terms of Use ("TOU"). By using the Service in any way, you (the "User") are agreeing to comply with the TOU. In addition, when using particular Syngli services, you agree to abide by any applicable posted guidelines for all Syngli services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto, or should you become dissatisfied with Syngli in any way, your only recourse is to immediately discontinue use of Syngli. Syngli has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

Modifications to these Terms

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at this page (http://syngli.com/terms.php).

Eligibility

Use of the Website is void where prohibited. The Website is intended solely for Users who are thirteen (13) years of age or older. By using the Website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Your account may be terminated and your data deleted without warning, if we believe that you are under 13 years of age.

Account

If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify Syngli of any unauthorized uses of your data, your account or any other breaches of security. Syngli will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Syngli may from time to time set storage limits for your data, or take any other measures towards managing Syngli servers.

Data and proprietary rights

You agree and acknowledge that you are solely responsible for the information that you provide to Syngli, for example, but not limited to, facts about yourself, premises about the world, course settings and responses to questions posed by the Service in your course of study (referred to as "Content", and described in detail under the Privacy Policy, at http://syngli.com/privacy.php). More specifically, you acknowledge that you are entirely responsible for each individual item of Content that you provide and (in the case of premises about the world) may elect to share with other Users. You acknowledge that Syngli may pre-screen and ratify the Content, and Syngli shall have the right in its sole discretion to refuse, delete or move any Content, for violating the letter or spirit of the TOU or for any other reason.

By submitting Content to Syngli, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses, SQL injections or other harmful or destructive content;
  • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to commit further unlawful acts (such as phishing), or to mislead recipients as to the source of the material (such as spoofing);
  • the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Syngli or otherwise.

By submitting Content that includes premises about the world ("Premises") to Syngli, including (without limitation) text, image and sound files, you automatically grant to Syngli an irrevocable, perpetual, fully-paid, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and distribute these Premises, and to prepare derivative works of, or incorporate into other works, said Premises, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by uploading Premises, you automatically grant Syngli all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Premises on the Service by any party for any purpose. This license applies to your submitted Premises regardless of whether they are covered by intellectual property rights, for example photographs of yourself. This license also applies to Premises you have deleted, and following any suspension or deletion of your account, if you have elected to share the Premises with other Users. As described in the Privacy Policy (http://syngli.com/privacy.php) any Premises you have submitted to Syngli are anonymized when you delete your account, or when you delete the individual Premises, but the data constituting shared Premises may remain on our servers.

Syngli is protected to the maximum extent permitted by copyright laws. Content is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from, or redistribution of the Website or the collective work, and/or copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution, is prohibited without the express written consent of Syngli. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Syngli, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Prohibited content and conduct

You agree not to post, email, or otherwise make prohibited content, which includes but not limited to information:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  • that is pornographic or depicts a human being engaged in actual sexual conduct, excessively violent, or offensive;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that impersonates any person or entity, including, but not limited to, a Syngli employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures);
  • that includes personal or identifying information about another person without that person's explicit consent;
  • that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains "affiliate marketing", "link referral code", "junk mail", "spam", "chain letters", "pyramid schemes", or unsolicited commercial advertisement;
  • that constitutes or contains any form of solicitation, for example but not limited to: passwords or personal identifying information for commercial or unlawful purposes from other Users or personal information from anyone under 18;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other Users' ability to use the Service;
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service;
  • that constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • that contacts anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
  • that uses automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
  • that attempts to gain unauthorized access to Syngli's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website; or
  • that uses any form of automated device or computer program that enables the submission of content on Syngli without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit content in bulk, or for automatic submission of postings at regular intervals.

Third party content, sites, and services

The Website and Content available through the Service may contain features and functionalities that could link you or provide you with access to third party content which is completely independent of Syngli, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Syngli links, and that link to Syngli. Syngli does not have any control over those non-Syngli websites and webpages, and is not responsible for their contents or their use. By linking to a non-Syngli website or webpage, Syngli does not represent or imply that it endorses such a website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Syngli disclaims any responsibility for any harm resulting from your use of non-Syngli websites and webpages.

Responsibility of Users

Syngli has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Syngli does not represent or imply that it endorses the material posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Syngli disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted thereon.

Notification of claims of infringement

If you believe that your intellectual property rights, or those of a third party, have been infringed upon, please notify Syngli's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at . If you believe that your own work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:

  1. Identify the material on the Syngli website that you claim is infringing, with enough detail so that we may locate it on the Website;
  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. Your address, telephone number, and email address; and
  5. Your physical or electronic signature.
Syngli will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Privacy and information disclosure

Syngli has established a Privacy Policy to explain to Users how their information is collected and used, which is located at http://syngli.com/privacy.php. Your use of the Website or the Service signifies acknowledgement of and agreement to our Privacy Policy, including the conditions it stipulates under which we may collect and disclose your personally-identifying information.

No spam policy

You understand and agree that sending unsolicited email advertisements to Syngli email addresses or through Syngli computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Illinois and/or Texas. Any unauthorized use of Syngli computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

Termination of service

You agree that Syngli, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Syngli believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Syngli shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

Disclaimer of warranties

YOU AGREE THAT USE OF THE SYNGLI WEBSITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SYNGLI WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SYNGLI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SYNGLI WEBSITE AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SYNGLI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SYNGLI WEBSITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SYNGLI WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SYNGLI DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SYNGLI WEBSITE OR SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of liability

UNDER NO CIRCUMSTANCES SHALL SYNGLI BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SYNGLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SYNGLI WEBSITE OR SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SYNGLI WEBSITE OR SERVICE, FROM INABILITY TO USE THE SYNGLI WEBSITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SYNGLI WEBSITE OR SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SYNGLI WEBSITE OR SERVICE OR ANY LINKS ON THE SYNGLI WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SYNGLI WEBSITE OR SERVICE OR ANY LINKS ON THE SYNGLI WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing lidmitations may not apply to you.

Indemnity

You agree to indemnify and hold Syngli Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of: content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General information

The TOU, together with the Privacy Policy, constitute the entire agreement between you and Syngli and govern your use of the Service, superseding any prior agreements between you and Syngli. The TOU and the relationship between you and Syngli shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Syngli agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of Syngli to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violation of terms

Please report any violations of the TOU by emailing . Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

How to contact us

Should you have other questions or concerns about This Privacy Policy, please send us an email at

Effective March 24, 2017