Terms of Service
These terms of service (the "Terms of Service") is a legal binding document between you (the "User") and Synsere Technology ("Synsere Technology") concerning the use of the data (e.g. files, contact information, chat messages) exchange service (the "Service") provided through the station307 Web Application and/or other other applications. The Service and station307 are owned by and their rights are held by Synsere Technology.
2. Acceptance of the Terms
3. Use of the Service
a. Synsere Technology grants the User the non-exclusive, non-transferable, limited right and license to access and use the Service and the Web Application solely and exclusively for the User's personal use.
b. The User may not use the Service or the Web Application in any manner that could damage, disable, overburden, or impair the Service or the Web Application, nor may the User use the Service or the Web Application in any manner that could interfere with any other party’s use and enjoyment of the Service or the Web Application.
c. The User agrees that he or she is solely responsible for (and that Synsere Technology has no responsibility to the User or to any third party for) his or her use of the Service or the Web Application, any breach of the User's obligations under the Terms of Service, and for the consequences (including any loss or damage which Synsere Technology may suffer) of any such breach.
d. The User may not use the Service or the Web Application to exchange any data (e.g. files, contact information, chat messages) which violate or infringe on any applicable laws or regulations.
4. Proprietary Rights
The User acknowledges that (a) the Service and the Web Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Synsere Technology and/or third parties own all right, title and interest in and to the Service, the Web Application and content, excluding content provided by the User, that may be presented or accessed through the Service or the Web Application, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. The User agrees that he or she will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Web Application or content that may be presented or accessed through the Web Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Service or the Web Application, (iii) use the Service or the Web Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Synsere Technology's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Service or the Web Application.
These Terms and Conditions will continue to apply until terminated by either the User or Synsere Technology as set forth below. The User may terminate these Terms and Conditions at any time by halting the use of the Service or the Web Application in its entirety. The User's rights automatically and immediately terminate without notice from Synsere Technology or any Third Party if the User fails to comply with any provision of these Terms and Conditions. In such event, the User must immediately stop using the Service and the Web Application.
To the maximum extent permitted by law, the User agrees to defend, indemnify and hold harmless Synsere Technology, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from the User's use of the Service or the Web Application, including the User's access or use of the Service or the Web Application, or the User's violation of these Terms and Conditions.
9. Disclaimer of Warranties
a. THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE USER'S ACCESS AND USE OF THE SERVICE OR THE WEB APPLICATION IS AT THE USER'S SOLE DISCRETION AND RISK AND THAT THE SERVICE AND THE WEB APPLICATION ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. SYNSERE TECHNOLOGY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICE OR THE WEB APPLICATION .
d. THE SERVICE OR THE WEB APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE WEB APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
10. Limitation of Liability
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT SYNSERE TECHNOLOGY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO THE USER UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY THE USER THROUGH THE USER'S USE OF THE WEB APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO THE USER'S MOBILE DEVICE OR ANY OTHER DEVICE, WHETHER OR NOT SYNSERE TECHNOLOGY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
a. These Terms and Conditions constitute the entire agreement between the User and Synsere Technology relating to the Service and the Web Application and govern the User's use of the Service and the Web Application, and completely replace any prior or contemporaneous agreements between the User and Synsere Technology regarding the Service and the Web Application.
b. The failure of Synsere Technology to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to Synsere Technology.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either the User or Synsere Technology without the prior written approval of the other party. Neither the User nor Synsere Technology are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e. These Terms and Conditions and the User's relationship with Synsere Technology under these Terms and Conditions will be governed by the laws of the Netherlands without regard to its conflict of laws provisions. The User and Synsere Technology agree to submit to the exclusive jurisdiction of the courts located within the city of Enschede, the Netherlands to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, the User agrees that Synsere Technology will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.