Last modified by 12/12/2012.
Sync.ME is a multi-platform application, which enables you to synchronize your smartphone's contact list (your Contacts) with your social network's profile (your Profile).
This is an Agreement between Sync.ME, an Israeli corporation, the owner and operator of www.sync.me (the Website), the Sync.ME smartphone application (the SmartPhone App) and the Sync.ME card for Facebook social network application (the Social Network App, along with the Website and the SmartPhone App, the Service), and You, a user of the Service.
By using the Service You acknowledge, agree and consent to the terms of this Agreement, and to Sync.ME 's policy regarding the receiving, storing and using of users' information (the Policy), which is attached herein.
If you do not agree to this Agreement, you may not and should not use the Service.
You may not use the Service if you are under 16 years of age or if you are legally unable to enter into this Agreement
The Service may only be used with platforms and by owners of profiles on social networks approved by Sync.ME, as detailed on the Website (Approved Platforms).
The following uses of the Service or any part thereof are prohibited without Sync.ME's prior explicit written consent:
- Commercial use;
- Illegal use;
- Distributing SPAM;
- Bullying, intimidating, stalking or harassing any person;
- Duplicating, copying, distributing or redistributing the Service, the Service IP, third parties User Submissions or any part thereof;
- Altering, modifying or reverse engineering;
- Any automatic use which is intended or designed to gather information about or from the Service, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers;
- Ripping the content, unless specifically and explicitly allowed by Sync.ME;
- Testing, pen-testing, sniffing or monitoring of the Service, its systems, software or hardware in any way;
- Uploading of any sort of malware, spyware or other malicious code;
- Damaging or infringing the rights of third parties in any way.
Sync.ME reserves the right to discontinue or change any part of the Service at any time and at its sole discretion.
Sync.ME reserves the right to remove any content or information from the Service, its systems and servers, as well as from your smartphone (in the event that the removed content originated from Sync.ME and it is reasonable to do so under the circumstances - for example if the content is not available anymore to the user via the social network API), including without limitation User Submissions, all without prior notice, at its sole discretion and without any claims for liability against Sync.ME on your behalf as a result of such removal.
Sync.ME has no obligation to store, distribute or use any information you uploaded or want to upload to the Service.
By installing the SmartPhone App you hereby allow Sync.ME to access your Contacts and all the information therein. SYNC.ME STRONGLY RECOMMENDS THAT YOU BACKUP YOUR SMARTPHONE BEFORE YOU SYNCHRONIZE IT WITH YOUR PROFILE VIA THE SERVICE.
By installing the Social Network App you hereby allow Sync.ME to use all information that you provided and to access your Profile and the following information therein: your profile name, profile picture, e-mail, birthday, status, notes and information your friends have made available to you.
Sync.ME will abide by the terms and conditions of the social network in which you manage your Profile.
Sync.ME allows you to submit and upload data into the Service directly, either as your personal status or as notes (User Submissions).
You may not use your User Submissions to distribute SPAM, and in the event that you distribute SPAM through your User Submissions you will indemnify Sync.ME for any attempt to hold her responsible or liable for said SPAM, successful or not.
Your User Submissions will be sent and published to anyone whose smartphone's contact list contain your phone number AND your name. You are solely responsible for the content of your User Submissions. You affirm, represent and warrant that you own all the rights, titles and interests required for you to use your User Submission in the manner contemplated herein.
Sync.ME does not guarantee to publish User Submissions.
You hereby grant Sync.ME a world-wide, non-revocable, royalty-free, sub-licensable and transferable license to use your User Submissions in any way at its sole discretion, including without limitation to reproduce, distribute, make derivatives of it and use it in order to promote Sync.ME's business in any way.
User Submissions are not monitored, edited or filtered by Sync.ME, and do not represent Sync.ME in any way. Sync.ME disclaims all responsibility and liability in regard to any damage or claim made in relation with any User Submission, including without limitation its accuracy, usefulness and safety.
You hereby agree to hold harmless and indemnify Sync.ME against any claim or liability in regard to your use of the Service, your User Submissions and/or your violation of these Agreement to the full extent of the law.
You may not submit User Submissions which:
- Infringe third parties intellectual property;
- Contain SPAM;
- Infringe third parties right to privacy and/or publicity rights;
- Are defamatory, obscene, unlawful, threatening, hateful, harassing, racial, sexist or otherwise inappropriate by reasonable standards;
- Advertise or solicit third parties' business;
- Impersonate another person without proper notice;
- Contain any form of malware;
- Interfere with the service in any way.
If you wish to disconnect from the Service, please notify us via e-mail to: firstname.lastname@example.org
Sync.ME does not allow using the Service or any of its features for intellectual property infringement.
If you encounter what you believe to be a violation of your intellectual property rights in the Service, please notify us via e-mail to: email@example.com
Such notice (Takedown Notice) must include your full name, contact details (address and phone number), a reasonably detailed description of the alleged infringement and adequate evidence of your right in the relevant IP (for example, trademark registrar certificate of a signed affidavit).
Once adequate Takedown Notice is sent, Sync.ME will either remove the alleged infringement or put you in touch with the person responsible for it.
If you receive notification from Sync.ME stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contend the Takedown Notice within seven days, in which case only will your contact details be given to the Notice's sender.
If you repeatedly infringe third parties' IP your access to the Service may be restricted.
Sync.ME retains all rights, titles and ownerships in and of the Service or any part thereof, including without limitation, the design and layout of the Service, all contents of the Service (excluding User Submissions), copyrights, trademarks, service marks and logos, registered or not (the Service IP), except as expressly excluded in this Agreement or any other agreement signed by Sync.ME.
You may not use, copy, distribute or redistribute the Service IP, other than through the Service built-in installation and other applications, without Sync.ME's prior explicit written consent.
You hereby agree that the Service is given automatically by Sync.ME's systems and with no explicit knowledge of yours or anyone else's use of the Service.
The Service is provided to you AS IS. You agree that your use of the Service is at your own risk. Sync.ME disclaims all warranties and representations, whether express or implied in connection with the Service and your use of the Service, to the fullest extent of the law, including without limitation, fitness for any particular purpose and promises of specific results.
Sync.ME does not warrant or guarantee, will not be responsible or liable and you may not hold Sync.ME responsible or liable for any lack of accuracy, correctness, completeness, continuity, reliability, error-free, malware-free and security of the Service, its content or any part thereof. You will be solely responsible for your use of the Service and any damages to your devices, including without limitation loss or exposure of data.
Sync.ME does not warrant, endorse, guarantee or responsible for any third party, including advertisers, other users of the Service and parties who offer services through the Service, to the fullest extent of the law.
Sync.ME does not warrant and will not be liable for any User Submissions, including without limitation, User Submissions which contain SPAM.
Sync.ME will not be liable for any damages resulting from your access or use of the Service or any part thereof, including without limitation damages caused by any form of malware, to the fullest extent of the law.
Sync.ME will not be liable for any loss of data resulting from your use of the Service.
Sync.ME strongly recommends that you backup your smartphone before synchronizing it with your Profile via the Service. Sync.ME is not liable for any loss of data or other damages that could have been prevented by creating a backup prior to use of the Service.
SYNC.ME'S LIABILITY TO DAMAGES CAUSED TO YOU OR TO A THIRD PARTY DUE TO THE USE OF THE SERVICE IS LIMITED TO 100USD, TO THE MAXIMUM EXTENT POSSIBLE.
This Agreement applies only to your use of the Service. Sync.ME has no control over nor does it take any responsibility for third party websites' content, policies and practices, including without limitation third party websites to which hyperlinks are contained in the Service.
By using the Service you hereby agree that Sync.ME shall not be responsible for any damage, claim or liability in connection with your use of any third party sites, including without limitation third party sites to which you have arrived via the Service.
Sync.ME is an Israeli company, hosted, operated, managed and maintained from Israel.
Please note that when using the Service you are communicating with an Israeli entity, governed and abides by Israeli laws, including without limitation privacy, intellectual property and contract laws, which might differ from the laws of your current location.
By using the Service you agree to apply and to govern the Israeli law and no other law over your relationship and disputes with Sync.ME, and to give the Israeli district court of Tel-Aviv sole jurisdiction over any disputes between you and Sync.ME.
If you believe that anyone is abusing the Service or using the Service in contradictions or violation with the terms stated herein, you may report this via e-mail to: firstname.lastname@example.org
Sync.ME may assign its rights according to this Agreement to any third party at its sole discretion.
You may not assign your rights according to this Agreement, without Sync.ME's prior written consent.
If any part of this Agreement is deemed invalid for any reason, such invalidity will not affect the validity of the rest of this Agreement.
Any cause of action relating to the Service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.
Failure to assert any right in regard to this Agreement on behalf of Sync.ME shall not constitute concession, yield or relinquishment of any sort.
These Terms may be revised from time to time at Sync.ME's sole discretion. The last revision will be reflected in the "Last modified by" heading above. Please visit this page periodically for updates. Continuing to use the Service continues your acceptance of changes.