Last updated: 2024-08-02

Terms of Use
Welcome to Syncd! These Terms of Use (or "Terms") are a legally binding agreement between you and Syncd. ("Syncd," "us," "our," or "we") and govern your use of our platform and all related services. Please carefully review these Terms before using Syncd. This agreement includes our Privacy Policy, Copyright Policy, and any other rules or guidelines that we may publish on our site from time to time. We reserve the right to update these Terms or any other policies without prior notice. Additional terms may apply to specific features or services, and by using those services, you agree to those terms as well.
What's Covered By These Terms?
Our Terms of Use outline the agreement between you and Syncd Gaming, Inc. ("Syncd") regarding the use of our services. Here's a brief overview:
  1. Standard services are free, while premium features are available for a fee. Standard services are free, while premium features are available for a fee. Standard services are free, while premium features are available for a fee. Standard services are free, while premium features are available for a fee.
  2. By subscribing to a paid plan, you agree to the applicable fees.
  3. The Syncd platform and its features are owned by Syncd and are intended for personal use only.
  4. - You must comply with our Acceptable Use Policy.
  5. You are responsible for your actions while using Syncd, and our liability is limited. You agree to indemnify us, and disputes will be resolved through arbitration.
  6. Our Privacy Policy, Copyright Policy, and any other posted rules or guidelines are included in these Terms.
  7. By using Syncd services, you agree to abide by these Terms.
  8. If we update these Terms, your continued use of the services constitutes acceptance of the new Terms.
  9. If you have any questions about these Terms, please contact us at support@syncd.games
These Terms include a class action waiver and an arbitration agreement that govern any disputes between you and Syncd. If you do not agree with any of these Terms (or do not meet the Eligibility requirements), you do not have permission to use the Services.
1. Eligibility
To use our services, you must meet the following requirements:
  1. You must be at least 18 years old, unless the laws of your jurisdiction or these Terms require you to be older than 18 for Syncd to lawfully provide the services to you, in which case you must be the older age as so required.
  2. You must own the valid email address used to register your account.
  3. You must have the necessary authority to enter into a contract with Syncd.
  4. You must be physically located in a jurisdiction where Syncd offers the services and where use of the services is unrestricted and unprohibited by applicable law.
  5. You must not have previously been suspended or removed from our services.
  6. You must at all times abide by these Terms.
If you do not meet these requirements or fail to comply with these Terms, we reserve the right to suspend your use of the services without notice to you.
2. The Services
  1. Service Levels. Standard services are available for free, while enhanced services are available for a fee at the PRO Features level or PRO Features + Executive Producer Credit level. We reserve the right to change our service level plans and other services offered or adjust pricing for services or any components thereof in any manner and at any time. We will give you at least 30 days notice prior to a change in price or your subscription.
  2. Registration. You can browse the platform and view our content without registering. To use certain services, you must register and create an account on our platform ("Account"). When you create an account, you will be asked for a legitimate email address that you control along with other information as described in our Privacy Policy. You hereby agree to provide true, accurate, current, and complete information about yourself as requested on the platform and to update your account to keep it current and accurate within a reasonable time after any change to that data. You shall use the services for only lawful purposes and in compliance with these Terms. You are prohibited from allowing others to access your account or use the services through your account. You are solely responsible for maintaining the confidentiality of your login and password for the services, and for all activities that occur using your access credentials.
  3. Subscription Term. Your subscription starts the day you sign up for Syncd services and continues for the term stated at the time of signup ("Subscription Term"). Unless otherwise stated at registration, at the conclusion of each Subscription Term your subscription automatically renews for another Subscription Term if you do not first cancel or change your subscription as provided in these Terms. You acknowledge that your and Syncd's obligations under your subscription begin anew with each renewal, and that Syncd owes you no obligations beyond each successive Subscription Term. You may cancel your subscription at any time by contacting support@syncd.games.
3. Acceptable Use
You are personally responsible for your use of the services. Syncd may temporarily or permanently ban you if you violate the provisions of this section or if you abuse email communications or support communications, as determined by us, in our sole discretion. You represent and warrant that you will use the services in accordance with the following acceptable use requirements:
  1. You will use the services in compliance with applicable laws.
  2. Any information you submit to us is truthful and accurate.
  3. You will maintain the accuracy of that information.
  4. You will abide by all rules relating to any services features you use.
  5. You will not do anything that might jeopardize the security of your account.
  6. You will not engage in any activity described under Section 7; and
  7. You will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Any information that you provide to us will also be subject to our Privacy Policy.
4. Billing and Payment
This section applies if you upgrade to a service level that incurs a fee.
  1. You agree to pay Syncd the fees and other amounts due as stated when you subscribe to the upgraded services and subject to change from time to time, plus any applicable sales, use, excise, or other taxes (collectively, the "Subscription Fees"). You will pay any additional taxes as necessary to ensure that the net amounts received by Syncd after all such taxes are paid are equal to the amounts that Syncd would have been entitled to in accordance with these Terms as if the taxes did not exist. All Subscription Fees are in U.S. Dollars. ALL PAID SUBSCRIPTION FEES ARE NONREFUNDABLE.
  2. Payment Method. You must maintain a valid payment method on file with us, which is securely stored and processed via a PCI-DSS payment processor. If your payment method is a credit card, we may seek pre-authorization of your account prior to allowing you to begin services, to verify that the credit card is valid and has the necessary funds or credit available to cover your Subscription Fees. You represent and warrant that the payment information you provide to us is accurate and you are using a form of payment that you are legally authorized to use. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others.
  3. Authorization. You agree that we may charge your payment method on file with us for the Subscription Fees or other amounts due hereunder, as well as any sales and use taxes and any late fees or interest (as described below). If you select a subscription with automatically recurring payments, you authorize Syncd to periodically charge your payment method on a going-forward basis for all accrued sums and until cancellation of either the recurring payments or your account.
  4. Late Payment. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, Syncd reserves the right to shift your access to standard level services until a valid payment (including any and all past due amounts and additional fees charged at our discretion) is made. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney's fees and/or collections agency fees. Returning users must pay any unpaid balance, including any late fees, before receiving services.
  5. Changes and Cancellations. If you change or cancel your subscription, the change is effective immediately and applies to the entire yearly billing period during which you contacted us. Any resulting additional fees are due at the time of change. Your cancellation is effective at the end of the then-current yearly billing period. If you cancel your subscription or otherwise terminate your agreement with us, we will retain any fees you paid to us under these Terms, unless otherwise set forth herein.
5. Intellectual Property
  1. License Grant. Syncd grants you a limited, worldwide, non-exclusive, non-transferable right to access and use the platform and the other services to which you have subscribed for your personal, non-commercial use. Syncd will use reasonable efforts to provide you with technical support relating to the services via email if your account is current and in good standing. Your receipt of certain services may be subject to one or more order forms or additional, separate terms and conditions, each of which are incorporated herein.
  2. Contents. Unless otherwise expressly indicated, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, interactive features, User Submissions, and other materials, as well as names, logos, taglines, trade dress, and other trademarks generated, provided, or otherwise made accessible by Syncd or its partners on or through the services (collectively, our "Contents") are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Syncd or its affiliates, or are the property of their respective owners. Our Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. Your use of the services does not grant you a license to the Contents or authorize you to use any Contents in any manner other than specifically authorized by these Terms. You may only display, download, or print the Contents for the purpose of using the services as an internal or personal business resource. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of Syncd. You may not use our Contents in any way that might confuse others or that disparages us. Any other use of the Contents in the services, including reproduction for purposes other than as noted herein, without the prior written permission of Syncd, is strictly prohibited. Only a duly authorized officer of Syncd may grant permission or a license to use any of our Contents. Any attempted grant or similar promise by anyone other than a duly authorized officer of Syncd is invalid.
  3. Trademarks. Syncd's registered and unregistered trademarks (e.g., names, logos, taglines, trade dress, and other trademarks) may not be copied, imitated, or used, whether in whole, partial, or modified form, without the prior written permission of Syncd. You may not use any meta tags or any other hidden text utilizing a Syncd name, trademark, or product name without Syncd's prior written permission. Third party trademarks and service marks used in our services are the property of their respective owners, and we use them with their consent. Syncd and the other licensors of the marks in our services reserve all rights with respect to all Contents and all intellectual property.
  4. User Submissions. If you submit, add, upload, create, distribute or post any feedback, reviews, content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the services ("User Submissions"), you grant Syncd an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit your User Submissions in any manner and for any purpose, including to improve the Syncd services and create other products and services, without payment or restriction. Subscriber represents and warrants that: (i) you have all rights necessary to grant Syncd the licenses in this section and to enable Syncd to exercise its rights under these Terms; (ii) your collection and use of any User Submissions in connection with the services complies with all applicable privacy and data protection laws, rules, and regulations; and (iii) the User Submissions, and the use of the User Submissions as contemplated by these Terms, does not and will not: infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or cause Syncd to violate any privacy laws or any other law or regulation.
6. Software
  1. App. If you use our services through an application offered by Syncd (our "App"), you must have a compatible mobile telephone or handheld device, Internet access (if required by the App), and the necessary minimum specifications ("Software Requirements") to use the App. The Software Requirements for Apple iOS devices and Android OS devices can be found on the relevant application store page. The App software may be upgraded from time to time to add support for new functions and services. The App may request certain privacy permissions from your device such as access to your device camera, access to choosing images from your device, or access to your device microphone and associated features. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the services. Data and messaging charges may apply to your use of the services or any text messaging or photo sharing features you use via the services. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the services, you will be assumed to have received permission from the bill payer for using the services.
  2. Third-Party Services. You have the option to use the services in connection with third-party streaming and other applications ("Third-Party Services"). You acknowledge and agree that all Third-Party Services, whether or not accessible, available, or correlating with the services, are the sole property and responsibility of the third party from which such Third-Party Services originate. Syncd has no control over Third-Party Services or the practices of any third party, and in no case shall Syncd be responsible for any Third-Party Services or your use thereof.
  3. Downloads. To use the services, you may be required to download certain applications from the services or from our third-party partners (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes, and revised versions of any of the foregoing, collectively the "Software"). If you do not download the Software, you may not be able to use the services. Your use of the Software is subject to these Terms. By using the services, you represent and warrant that you have the legal right to use the Software that is identified in the services, including valid and properly licensed versions of such Software, and that the Software is installed on a device you have rights to use.
  4. Beta Versions. Syncd may, in its sole discretion, make new versions of our services available prior to their release to the general public, for testing and evaluation purposes ("Beta Versions"). Beta Versions are subject in all respects to these Terms, except that Syncd may discontinue the Beta Version or your ability to use a Beta Version at any time, with or without notice to you and without further obligations to you. By permitting you to access, download, install, or use a Beta Version, Syncd does not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information.
  5. Updates. From time to time, we may, in our sole discretion, develop and provide updates to our services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when an internet-connected device is connected to the internet, either (i) the services will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that our services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the services and be subject to these Terms.
7. Use Restrictions
By using the services, you agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the services or any portion thereof (including our content, defined below) or use it in any manner not expressly authorized by these terms. You further agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the services. You represent and warrant that your use of the services and your provision of user submissions (defined below) via the services will not:
  1. Use or attempt to use another's account without authorization, or impersonate any person or entity;
  2. Access data not intended for you or logging onto a server or an account which you are not authorized to access;
  3. Upload any data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
  4. Post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity;
  5. Infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
  6. Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  7. Be fraudulent, false, misleading, or deceptive;
  8. Be defamatory, obscene, pornographic, vulgar, or offensive;
  9. Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
  10. Be violent or threatening or promote violence or actions that are threatening to any person or entity;
  11. Attempt to probe, scan, or test the vulnerability of a system or network, interfere with services, or breach security or authentication measures unless we expressly authorize that you do so in writing;
  12. Promote illegal or harmful activities or substances; or
  13. Use the services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the services, or which may expose us or our users to any harm or liability of any type.
If you violate our system or network security, you may face civil or criminal liability. Tampering with the services, conducting fraudulent activities on the services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the services. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Additionally, you will be subject to account deletion or blocking for committing the following, including but not limited to: (i) misrepresentation of eligibility; (ii) attempting in any way to impair the function of the services or third-party websites; (iii) attempting to commit any form of fraud in connection with the services; (iv) when requested by us, failure to timely furnish (and in any event within thirty days of request) an affidavit or declaration of eligibility in form and substance satisfactory to us and that is legally binding in the jurisdiction of your residence or participation; (v) use of the services in any manner under multiple accounts or profiles; or (vi) any other act which in our sole opinion is inconsistent with the integrity of the services or features thereof or our goodwill or reputation.
This section provides examples of prohibited conduct. The above lists are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other individual from using or enjoying the services will not be permitted.
8. Service Access
Syncd will use commercially reasonable efforts to maintain availability of the services. You agree and understand that there will be times when the services will not be available such as scheduled maintenance times, outages, emergency maintenance, unavailability caused by software, hardware, or other subscribers, and causes beyond our reasonable control. Syncd will make commercially reasonable efforts to notify you of planned downtime and unavailability of the services. Syncd is not liable for any delays, interruptions, or other transmission errors resulting from any lack of service for any reason, or any lack of service caused by your device or your internet or wireless service provider.
9. Interactive Features
The services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons ("post") user submissions on or through the services. All user submissions must comply with these terms. User submissions will be considered non-confidential and non-proprietary. User submissions must not (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others' personal information by any means; (c) seek to transmit chain letters, or bulk or junk email; (d) relate to contests, sweepstakes, or other sales promotions; (e) include information that may be used to track, contact, or impersonate another individual; (f) infringe any intellectual property or other proprietary rights of Syncd or any other person; (g) seek to harm or exploit children; (h) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i) violate Syncd's or any other person's or entity's legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j) be otherwise objectionable as determined by us at our sole discretion.
By providing any user submission, you grant Syncd all right and title to such user submission. and our affiliates and service providers, and each of their and our licensees, successors, and assigns a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, any such material for any purpose, as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby covenant not to assert against us any moral rights you may have in any user contribution.
We do not review or verify user submissions for truth or accuracy. We cannot ensure prompt removal of objectionable material after it has been posted. We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify, or store user submissions at any time and for any reason without notice. We may refuse, alter, or remove user submissions without notice for any reason at our sole discretion. We do not endorse any user submissions, and the user submissions posted do not reflect our opinions, views or advice. We take no responsibility and assume no liability for any user submissions that you or a third-party posts or sends on or through the services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
You are solely responsible for your user submissions and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the services, and, to the extent that the law permits, you release us from any claims or liability related to any user submissions posted via the services and from any claims related to the conduct of any other users. You also represent and warrant that you will indemnify, defend (at our option), and hold harmless Syncd against all claims, actions, allegations, fines, damages, or loss resulting from or arising out of the user contribution you provide to us or upload to the services. You understand and acknowledge that we take no responsibility and assume no liability for any content posted by you or any third party, and you, not us, have full responsibility for the user submissions you submit, including their legality, reliability, accuracy, and appropriateness.
10. Third-Party Links
Links to third-party websites from the services are provided solely for your convenience. Syncd is not responsible for the content of any other websites, nor do we make any representations about the content or accuracy of material on any other websites. Inclusion of any linked website on our services does not imply our approval or endorsement of the website. Please be aware that when you click on links that take you to external websites, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the website's owner or operator.
11. Void Where Prohibited
Syncd is owned and operated in Australia. Not all Syncd services are available to all persons or at all locations. Access to our services may not be legal by certain persons or in certain countries. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT THE LAWS OF THE COUNTRY OR STATE (OR OTHER APPLICABLE JURISDICTION) FROM WHICH YOU ACCESS THE SERVICES PERMIT YOU TO USE THE SERVICES. If you access the services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in these terms shall be deemed void where prohibited.
12. Copyright Infringement Notification
Syncd respects the intellectual property of others and asks our users to do the same. If you believe in good faith that your work or any material on our services infringes the copyright in your work, a notification of the alleged copyright infringement should be emailed to our Copyright Agent at: copyright@syncd.games (subject Line: "DMCA Takedown Request"). To be effective, the notification must be in writing and contain (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please be advised that we will not respond to complaints that do not meet the requirements above. Notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act (DMCA). If we determine that the material(s) alleged to infringe your rights do not require removal, we will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful. Please be aware that there can be penalties for false claims under the DMCA. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the account and access to the services of users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the services and/or terminate the participation of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. Disclaimer of Warranties
YOUR USE OF THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT GUARANTEE THAT THE SERVICES, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ANY SERVICES OR ANY FEATURE THEREOF IN OUR SOLE DISCRETION WITHOUT NOTICE.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. Limitation of Liability
IN NO EVENT WILL SYNCD, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY CONTENTS OR FEATURES THEREOF, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO US DURING THE LAST THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15. Indemnification
You agree to indemnify, defend (at our option), and hold harmless Syncd (along with its subsidiaries, parents, and affiliates) and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of your: (a) violation of these terms; (b) negligent, willful misconduct, fraud, or strict liability; (c) use, misuse and/or access of the services; (d) violation of any applicable law; (e) content you post, store, or otherwise transmit in or through the services; and/or (f) violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Syncd, and you agree to cooperate with Syncd's defense of these claims, at your sole cost and expense, and such amounts shall be paid to us on demand immediately in payable funds.
16. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and Syncd arising out of or relating to these terms, or the breach thereof, our provision of the services, your access to or use of the services, or any
  1. Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Syncd, you agree to try to resolve the Dispute informally by contacting support@syncd.games. Syncd will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Syncd may bring a formal proceeding.
  2. Arbitration Agreement. You and Syncd each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in San Diego County, California, United States, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or Syncd may assert claims, if they qualify, in small claims court in San Diego County, California or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
  3. Class Action Waiver. You may only resolve Disputes with Syncd on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
  4. Intellectual Property Disputes. Notwithstanding the Parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these Terms. Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
  5. Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever. To the extent that the arbitration agreement is not enforceable, each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in San Diego County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
17. Privacy Policy
You acknowledge that you have read and understand our Privacy Policy. As described in more detail in our Privacy Policy, Syncd may use your contact information to communicate with you about your use of our services. For example, we may send you service announcements or administrative communications by email or other means. We may also send you marketing communications in accordance with applicable law. While you can adjust your communications preferences by following instructions in our Privacy Policy. Capitalized terms that are not defined in these terms have the definitions given to them in the Privacy Policy.
18. Enforcement
Syncd reserves the right (but is not required) to suspend or terminate your access to our Services, disable your username, password, or other identifier, whether chosen by you or provided by us, or remove any content or submissions at any time and without notice, and at our sole discretion, if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by Syncd, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response, we may take any action we deem appropriate. Our rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by us of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between you and us or otherwise.
19. Termination
Syncd may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so at https://syncd.games/settings by clicking "Delete Account". All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
20. Consent to Do Business Online
By using the Services, creating an Account, or providing your name and consent to our terms and conditions, you agree to (a) Syncd communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, "Records") from us electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at support@syncd.games. Agreements and transactions executed prior to this request will remain valid and enforceable.
21. Amendments
We may amend these Terms from time to time by updating this page as evidenced by revising the "Last Updated" date noted at the top of this posting. Once you accept these Terms, the then-current version shall apply each time you access or use the Services. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
22. General
These Terms are the entire agreement between you and Syncd and supersede all prior or contemporaneous negotiations, discussions, or agreements between you and Syncd about the Services. The parties' relationship is solely that of independent contractors. The Federal Arbitration Act, California state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned by Syncd without restriction. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. If any provision of these Terms is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect. Syncd's failure to enforce any of these Terms is not a waiver of such term.
syncd logo

Your Ultimate Gaming Companion. Join our community of passionate gamers and discover new adventures, track your progress, and share your gaming milestones.

© 2024 Syncd, Inc. All rights reserved.