Syngpay LLC.

 

 

 

 

 

 

 

 

 

 

 

Terms Of Service and Use Agreement
Please read these Terms of Service and Use carefully before using the Site, because they affect your legal rights and obligations and constitutes your agreement to this terms of service agreement.
 

YOUR ACCEPTANCE OF TERMS 
Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

Congratulations! You have navigated to the website of WWW.SYNGPAY.COM and THE PLATINUM ARTIST CHALLENGE (“SYNGPAY,” “we,” “us” or “our”). Please read this Terms of service Agreement (“Agreement”) carefully, as it is a legally binding agreement and applies to your use of (a) www.syngpay.com and all corresponding domains, subdomains, web pages and websites associated therewith (the “Site”), (b) all mobile software applications made available by us from time to time (e.g., Apple iOS Apps, etc.) (the “Apps”) and (c) any other content, applications, features, functionality, information and services offered by us through the Site or the Apps, including, without limitation, Member Access, artist Registration, , The Platinum Artist Challenge and any category thereof (the foregoing subsections (a), (b) and (c) are collectively referred to herein as the “Services”).

 

1. ACCEPTANCE OF TERMS
This Agreement applies to all users of the Services (“User,” “you” or “your”), whether you are accessing them via a personal computer, a wireless or mobile device or any other IP-enabled technology (each, a “Device”). By using the Services, you acknowledge and agree that you shall comply with this Agreement and any additional terms and conditions that we provide to you in connection with the Services and other products and services we may offer or make available to you (e.g., promotional terms, contest/sweepstakes rules,              e-commerce terms, software licenses, social media terms, etc.) (“Additional Terms”). Our General Privacy Policy and Mobile Privacy Policy (“Privacy Policies”) and the Additional Terms are hereby incorporated into this Agreement by reference as though fully set forth constitutes your agreement to this Terms of Use agreement.. To the extent that there is a conflict between this Agreement and the Additional Terms, the Additional Terms shall govern.

 

2. TERMS AND TERMINATION
This Agreement shall remain in effect while you use the Services. Except as otherwise expressly set forth in any agreement between you and www.syngpay.com, you may terminate your use of or registration for the Services at any time, for any reason, and syngpay.com may terminate your use of or registration for the Services at any time for any reason. Even after your use of and/or registration is terminated, your obligations under this Agreement, the Privacy Policies and the Additional Terms, including, without limitation, any indemnifications, rules and regulations governing contests, warranties and limitations of liability, shall remain in effect.

 

3. USER REGISTRATION
In order to access and use certain content, features or functionality of the Services (e.g., Member Access, voter Registration, syngpay.com and The Platinum Artist Challenge, etc.), we require that you register for the applicable Services, have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, etc. (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered User of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. It is therefore critical that you do not share your User Credentials with anyone, and you should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your User Credentials or access your User Account. You agree to immediately notify syngpay.com of any unauthorized use of your User Credentials or User Account, or any other breach of security. We reserve the right to deny access, use and registration privileges to any User of the Services suspected of fraudulent or otherwise improper submissions, registrations or uses or if we believe there is a question about the identity of the person trying to access user accounts.

 

4. PRIVACY
We respect your privacy and the use and protection of your personal information. Our information collection and use policies are set forth in our General Privacy Policy and Mobile Privacy Policy. We encourage you to read the Privacy Policies, and to use them to help make informed decisions

 

5. ELIGIBILITY
By using the Services, you represent, warrant and covenant to syngpay.com that you are 13 years of age or older. Certain features of the Services may be subject to heightened age and/or other eligibility requirements and restrictions. If you are a User between the ages of 13 and 18, please review this Agreement with your parent or guardian. Your parent or guardian should agree to this Agreement on your behalf, and parental discretion is advised for all Users under the age of 18.

                               
6. NO RESPONSIBILE FOR REVIEWING OR MONITORING   

syngpay.com assumes no responsibility for monitoring the Services for inappropriate content or conduct. If at any time syngpay.com chooses in its sole discretion to monitor the Services, syngpay.com nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any User Content, and no responsibility for the conduct of any User. However, we reserve the right to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is or may be construed as violating this Agreement, or is deemed to be unacceptable to syngpay.com, as determined in syngpay.com’s sole discretion; provided, however, that syngpay.com shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. Further, you acknowledge, consent and agree that syngpay.com may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the law or legal process, (b) enforce this Agreement, (c) respond to claims that any content or information violates the rights of any third party, (d) respond to your requests for customer or technical service, or (e) protect the rights, property or personal safety of syngpay.com, Users or any third parties including acting in urgent circumstances.

 

7. DIGITAL MILLENNIUM COPYRIGHT ACT
A. If you are a copyright owner, or an agent thereof, and believe that any content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):
    •    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    •    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
    •    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
    •    Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
    •    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
    •    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 owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent:
Email Address of Designated Agent: syngpay.com/copyright
B. If you believe that your content (which was removed or to which access was disabled) is non-infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to syngpay.com for use on the Services, you may send a counter-notice containing the following information to our Copyright Agent:
    •    Your physical or electronic signature;
    •    Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    •    A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and 
    •    Your name, address, telephone number and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, syngpay.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at syngpay.com’s sole discretion.

 

8. THIRD PARTY SERVICES
The appearance, availability, or your use of (a) URLs or hyperlinks referenced or included anywhere in connection with the Services or any other form of link or re-direction of your connection to, with or through the Services or (b) any third party websites, content, data, information, applications, goods, services or materials, including Third Party Social Media Services (collectively, “Third Party Services”) does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of syngpay.com P, its affiliates or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers (as defined below), Operators, suppliers or service providers. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including their privacy policies), whether the Services' or syngpay.com’s logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. If any Third Party Services with which you interact obtains or collects personal information from you, in no event does syngpay.com assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

 

9. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SYNGPAY.COM, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, ADVERTISERS, OPERATORS, SUPPLIERS AND SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

 

10. JURISDICTIONAL ISSUES; EXPORT CONTROL
The Services are controlled and operated by syngpay.com from its offices in the U.S. syngpay.com makes no representation that the Services are appropriate or available for use outside the U.S. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software made available in connection with the Services may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

 

11. MEMBER ACCESS
Member Access is an online portal made available exclusively to members of syngpay.com, which allows members to, among other things, manage their membership account, including, without limitation, updating their personal information, receiving information related to contests, voting and registering for Platinum Artist Challenges. If you are a member of syngpay.com and would like to use Member Access, you can activate your Member Access account by visiting syngpay.com, clicking on the “signup” link and following the online instructions. Your use of Member Access is made available as part of the Services and is subject to the terms and conditions of this Agreement, as well as any Additional Terms that may be made available in connection therewith. Please note that Member Access is currently made available to members of syngpay.com on a free basis; however, we reserve the right to amend or modify Member Access (including any features and functionality thereof) and/or charge a fee in connection with the use thereof, at anytime, in our sole discretion.

 

12. ADVERTISERS
From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

 

13. INDEMNITY
You agree to indemnify, defend and hold syngpay.com, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, Operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services, (b) your breach or violation of this Agreement, and/or (c) your User Content. ASCAP reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

 

14. DISCLAIMER OF WARRANTIES
THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, THE SITE AND THE APPS, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT syngpay.com ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

 

15. LIMITATION ON TIME TO FILE CLAIMS
ANY PROVISION WHICH MUST SURVIVE IN ORDER TO ALLOW US TO ENFORCE ITS MEANING SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; HOWEVER, NO ACTION ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE).

 

16. ACCESS TO THE SERVICES; DEVICE REQUIREMENTS; USAGE RULES
A. We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or to the entire Site or Apps, to registered Users and/or otherwise, as we determine in our sole discretion.
B. In order to access and use the Services, you may be required to use Device(s) and other technology meeting certain system, configuration and other requirements established by syngpay.com, its content partners, licensors and other third parties, such as platform, storefront and network operators (e.g., Apple, etc.) (collectively, “Operators”), and you are responsible for ensuring that your Device(s) and other technology meet all such requirements. In addition, you are responsible for any data access, network and/or other service rates and charges you may incur in connection with your Device and use of the Services.
B. You further acknowledge and agree that certain Services (in whole or in part), and certain content contained therein, may be accompanied by technological and/or other restrictions (e.g., digital rights management technology, etc.) that protect digital information and content from unauthorized use and access and may limit and restrict your usage of such in accordance with certain rules and restrictions. You agree to comply with such rules and restrictions at all times and shall not violate or attempt to violate any security components thereof.

 

17. SUPPORT
For assistance with technical issues and other questions, please refer to and/or contact us via our online contact and support page located at www.syngpay.com/support