Terms of Service

1. Your Acceptance

This is an agreement between MoonBall Labs, LLC, a Virginia LLC (“MoonBall Labs”), the owner and operator of www.SynkMonkey.me (the “SynkMonkey Site”), the SynkMonkey software and SynkMonkey Client (collectively, including all content available through the SynkMonkey Client and SynkMonkey Site, the “SynkMonkey Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND SYNKMONKEY’S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.SynkMonkey.me/PrivacyPolicy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you may not use the Service.

2. SynkMonkey Service

These Terms of Service apply to all users of the SynkMonkey Service. The SynkMonkey provided status information may contain links to third party websites that are not owned or controlled by SynkMonkey. SynkMonkey has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SynkMonkey will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that SynkMonkey shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. SynkMonkey Access

A. Subject to your compliance with these Terms of Service, SynkMonkey hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal, noncommercial use; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without SynkMonkey’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide SynkMonkey with your phone number, as well as the phone numbers of third parties whom you wish to use the Service with. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to SynkMonkey to use the phone numbers you provide for use in providing you access and use of the Service. You may never use another person’s phone number without their permission. You must notify SynkMonkey immediately of any breach of security or unauthorized use of your phone. Although SynkMonkey will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SynkMonkey or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, etc., that accesses the Service in a manner that sends more request messages to the SynkMonkey servers in a given period of time than a human can reasonably produce in the same period by using a SynkMonkey application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, SynkMonkey grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SynkMonkey reserves the right to revoke these exceptions either generally or in specific cases. While we don’t disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by SynkMonkey clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their User Status Submissions (as defined below).

4. Intellectual Property Rights

The design of the SynkMonkey Service along with SynkMonkey created text, scripts, graphics, interactive features and the like (“SynkMonkey Client”) except all User Status Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to SynkMonkey, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. SynkMonkey reserves all rights not expressly granted in and to the Service and the Client. You agree to not engage in the use, copying, or distribution of any of the Client other than expressly permitted herein, including any use, copying, or distribution of User Status Submissions of third parties obtained through the Service for any commercial purposes.

5. User Status Submissions

A. The SynkMonkey Service permits the submission of status text and other communications submitted by you and other users (“User Status Submissions”) and the hosting, sharing, and/or publishing of such User Status Submissions. As clarified in the following section, you retain your ownership rights in your User Status Submissions. You understand that whether or not such User Status Submissions are published, SynkMonkey does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Status Submissions and the consequences of posting or publishing them. Because SynkMonkey is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of SynkMonkey, and SynkMonkey makes no guarantees as to the validity, accuracy or legal status of any status. In connection with User Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SynkMonkey to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Status Submissions to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your User Status Submissions, but you have to have the rights in the first place. However, by submitting the User Status Submissions to SynkMonkey, you hereby grant SynkMonkey a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Status Submissions in connection with the SynkMonkey Service and SynkMonkey’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the SynkMonkey Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the SynkMonkey Service a non-exclusive license to access your User Status Submissions through the Service, Email, and mobile phone and to display parts of User Status Submissions as permitted through the functionality of the Service and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Status Submission from the SynkMonkey Service.

C. In connection with User Status Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SynkMonkey all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SynkMonkey or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content must be identified as such. SynkMonkey does not endorse any User Status Submission or any opinion, recommendation, or advice expressed therein, and SynkMonkey expressly disclaims any and all liability in connection with User Status Submissions. SynkMonkey does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and SynkMonkey will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another’s intellectual property rights. SynkMonkey reserves the right to remove Content and User Status Submissions without prior notice. SynkMonkey may also terminate a user’s access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized SynkMonkey employees, agents, subagents, superagents or superheros. SynkMonkey also reserves the right to decide whether content or a User Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. SynkMonkey may remove such User Status Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

E. You understand that when using the SynkMonkey Service you will be exposed to User Status Submissions from a variety of sources, and that SynkMonkey is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions, and that such User Status Submissions are not the responsibility of SynkMonkey. You further understand and acknowledge that you may be exposed to User Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SynkMonkey with respect thereto, and agree to indemnify and hold SynkMonkey, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. SynkMonkey permits you to link to materials on the Service for personal, non-commercial purposes only. Commercial versions are available under separate licensing and terms. SynkMonkey reserves the right to discontinue any aspect of the SynkMonkey Service at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SYNKMONKEY SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SYNKMONKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SYNKMONKEY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SYNKMONKEY SERVICE. SYNKMONKEY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SYNKMONKEY SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SYNKMONKEY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

7. Limitation of Liability

IN NO EVENT SHALL SYNKMONKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SYNKMONKEY CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT SYNKMONKEY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by SynkMonkey from its facilities in the United States of America. SynkMonkey makes no representations that the SynkMonkey Service is appropriate or available for use in other locations. Those who access or use the SynkMonkey Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless SynkMonkey, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the SynkMonkey Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the SynkMonkey Service. We don’t support or encourage illegal consumption of alcohol or tobacco, so there.

9. Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the SynkMonkey Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the SynkMonkey Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. SynkMonkey is the developer of the Service, with an address at 1937 Lewis Mountain Rd., Charlottesville, Va. 22903, admin@SynkMonkey.com.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SynkMonkey without restriction.

11. General

You agree that: (i) the SynkMonkey Service shall be deemed solely based in Virginia; (ii) the SynkMonkey Service shall be deemed a passive server that does not give rise to personal jurisdiction over SynkMonkey, either specific or general, in jurisdictions other than Virginia; and (iii) that you agree to subject to the jurisdiction of Virginia in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Virginia, without respect to its conflict of laws principles. Any claim or dispute between you and SynkMonkey that arises in whole or in part from the SynkMonkey Service shall be decided exclusively by a court of competent jurisdiction located in Virginia. These Terms of Service, together with the Privacy Notice at http://www.SynkMonkey.me/PrivacyPolicy and any other legal notices published by SynkMonkey, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and SynkMonkey concerning the SynkMonkey Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SynkMonkey’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SynkMonkey reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the SynkMonkey Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SYNKMONKEY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SYNKMONKEY SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.