TERMS AND CONDITIONS

Last updated: March 29, 2009.

 

TERMS AND CONDITIONS OF USE

Thank you for visiting and using iSyndica. iSyndica knows that you care about the legal policies adopted by iSyndica, and we appreciate your trust that we have adopted meaningful and reasonable policies. This notice describes our Terms and Conditions. By visiting iSyndica.com, you are accepting the practices described in this Terms and Conditions, and in our separate Privacy Policy. Please read these Terms and Conditions carefully before accessing or using this website (the "Site").

 

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that iSyndica USA Incorporated ("iSyndica") may publish from time to time (collectively, the "Terms and Conditions"). If you do not agree to all of the terms and conditions, do not access or use this Site.

iSyndica may change these Terms and Conditions and other guidelines and policies posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms and Conditions posted on the Site at the time of such use.

 

www.isyndica.com and subdomains such as photos.isyndica.com (the “Site”) is owned and operated by iSyndica USA Incorporated (“iSyndica”). The purpose of this Site is to provide a user-managed catalog, with links to various third-party e-commerce websites (“Distribution Channels”). This site provides tools and services for managing your catalog, and for linking to your selected Distribution Channels. This Site enables automatic distribution of your catalog to these Distribution Channels. In addition, this Site may offer additional resources and services in connection with your catalog, and your Distribution Channels (the “Services”).

 

This Site and the content contained herein are intended for registered subscribers of the Site ("Subscribers").

 

You may not use this Site or the content contained herein for any purpose not expressly permitted herein.

 

SUBSCRIBERS

If you wish to use the Services provided by iSyndica you will need to become a Subscriber by: (i) completing a registration form provided by the Site with certain valid and true contact and personal information, as well as, a valid credit card held by you ("Subscription Information"), (ii) selecting a monthly plan, (iii) agree to the Site charging your credit card the then current subscription fee (including applicable taxes), as may be changed from time to time by the Site, for the Plan that you selected and (iv) agree to the site charging your credit card for fees for any other services (including applicable taxes) incurred on your account. You hereby acknowledge and agree that all of your Subscription Information is true and complete, and that you will update your Subscription Information on the Site regularly to keep it true and complete, (v) agree to be automatically re-billed at the frequency of the subscription plan that you selected (monthly), until such time as you cancel your subscription.

 

AMAZON AND AMAZON WEB SERVICES

Please note that iSyndica operates as a Cloud Computing service utilizing multiple services provided by Amazon Web Services LLC (“AWS”), a subsidiary of Amazon.com, Inc. or its affiliates (“Amazon”). This means that to use iSyndica's services, you will need to either use your existing Amazon account, or create a new one. In particular, iSyndica utilizes the Amazon Flexible Payments Service (“FPS”). This means that your credit card details and other payment information is processed by Amazon. By visiting Amazon you are accepting the practices described in the Amazon Conditions of Use and Amazon Privacy Notice.

 

DISTRIBUTION CHANNELS

Please note that for each Category (such as photos, videos, ebooks, etc) supported by iSyndica, there are multiple well-known e-commerce websites, to which we link (“distribution channels”). This means that to use iSyndica's services, you will need to either use your existing account at each of these Distribution Channels, or create a new one. Accordingly, you will need to accept the practices described in the Terms and Conditions (or equivalent policy document) for each Distribution Channel. By visiting the iSyndica site, you are accepting the practices described in the Terms and Conditions (or equivalent policy document) for each Distribution Channel you enable from your iSyndica Dashboard.

 

iSyndica consolidates your usernames and passwords for all these Distribution Channels to conveniently provide you with one login for all your websites. When you log in to iSyndica, you can be automatically logged into all Distribution Channels which you authorize to be connected to your iSyndica account. When you log in to iSyndica, we can automatically transfer information and content to all the Distribution Channels which you authorize to be connected to your iSyndica account.

 

iSyndica acts strictly as your virtual agent to upload product and content data, and download sales and other information. You can specify which Distribution Channels to connect to, and what functions you wish iSyndica to perform on your behalf. By specifying a Distribution Channel, and allowing iSyndica to act as your virtual distribution agent, you are confirming your agreement and compliance with the Terms and Conditions (or equivalent policy document) for that particular Distribution Channel.

 

iSyndica securely stores your usernames and passwords for these websites with the purpose of providing value-added services and features connected to these websites. At any time, you can delete account information for any individual Distribution Channel. At any time, you may request to delete your iSyndica account, together with all associated information for these connected Distribution Channels. iSyndica.com does NOT share, sell or release this information.We will never share, sell or distribute this information. Any disclosure is STRICTLY for the purpose of responding to a legal court order or law-enforcement inquiry. This information is stored in an encrypted and secure database.

 

FEES

Your subscription fee is not refundable if you cancel part way through a month. You may terminate your status as a Subscriber at anytime. iSyndica reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms effective upon prior notice to you.

 

If your payment cannot be processed or is returned for any reason, including insufficient funds, iSyndica reserves the right to immediately suspend and/or terminate your access and account, thereby terminating this Agreement and all obligations of the Site hereunder. In such event, the Site will have no obligation to return any image, data or other information previously provided by the Subscriber to the Site.

 

BANDWIDTH AND TRANSFER CREDITS

For each level of subscription you are entitled to a certain level of high-resolution transfer and/or credits. However, you may purchase additional credits and/or bandwidth, in which case your credit card will be charged in addition to your basic subscription cost. Unused bandwidth or credits associated to your subscription plan do not carry forward to the next month. Additional credits purchased separately are valid so long as you hold a subscription in good standing. You may cancel your subscription at any time.

 

UPLOADING

As a Subscriber, you will be entitled to upload to the Site. In connection with the operation and promotion of the Site, you agree that the Site has the right to copy, cache, publish, display, distribute, translate and store the Uploaded Content on iSyndica. Further, you agree that the Site has the right to store the Uploaded Content on Amazon. You hereby represent and warrant that you have the right to grant the Site the rights set forth above.

 

SUBMISSION OF IDEAS/IMPROVEMENTS

We welcome feedback, ideas and suggestions from our Subscribers concerning the improvement and development of iSyndica services. However, by submitting any idea or suggestion, you are automatically assigning all rights in the idea to iSyndica, and the idea automatically becomes the property of iSyndica. Do not send ideas or suggestions that you wish to retain rights in (including copyright, patent, trade secret, trademark, and contractual rights).

 

SITE OPERATION

iSyndica will use reasonable efforts to ensure that the Site and Service is available 24 hours a day 7 days a week. However, from time to time iSyndica may be required to temporarily remove content from the Site. There will also be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by iSyndica to minimize such disruption where it is within our reasonable control. YOU AGREE THAT ISYNDICA WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE OR SERVICE(S).

 

ALTHOUGH ISYNDICA WILL MAKE REASONABLE EFFORTS TO STORE AND PRESERVE THE CONTENT UPLOADED TO THE SITE, ISYNDICA IS NOT LIABLE IN ANY WAY FOR THE FAILURE TO STORE, PRESERVE OR ACCESS CONTENT. WE RECOMMEND THAT YOU TAKE MEASURES TO PRESERVE COPIES OF ANY CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR POSTED CONTENT.

 

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

All images and other content on this Site (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms and Conditions. Except as expressly provided herein or in the Subscriber Terms of Service, iSyndica does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

 

ISYNDICA TRADEMARKS

For the purposes of these Terms and Conditions, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by iSyndica.

 

Nothing contained herein grants or shall be construed to grant you any rights to use any iSyndica Trademark, unless expressly conferred by these Terms and Conditions.

 

You agree that you will not use iSyndica's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or iSyndica.

 

You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of iSyndica Trademarks or the Trademark rights claimed by iSyndica.

 

You agree that you will not use any iSyndica Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

 

You may not at any time, adopt or use, without iSyndica's prior written consent any word or mark which is similar to or likely to be confused with iSyndica's Trademarks.

 

The look and feel of the iSyndica website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of iSyndica and may not be copied, imitated or used, in whole or in part, without the prior written consent of iSyndica.

 

All other trademarks, product names, and company names or logos used or appearing on the iSyndica website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by iSyndica, unless expressly so stated.

 

Furtermore, iSyndica's Distribution Service is not affiliated or endorsed by any of the third-party sites that iSyndica distributes or refers to.

 

You may not use an iSyndica trademark, logo, image or other proprietary graphic of iSyndica (except for those specifically provided for this purpose) to link to the iSyndica website without the prior written consent of iSyndica.

 

LIMITATIONS

You agree that you shall not:

(i) Engage in any conduct that shall constitute a violation of any law or that infringes the rights of iSyndica or any third party.

(ii) Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms and Conditions.

(iii)Violate the rights of iSyndica or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

 

RESTRICTION AND TERMINATION OF USE

You may not register for multiple iSyndica accounts without prior express permission from iSyndica. You may not provide public access to your account for the purpose of circumventing limitations of the service, implicit or explicit. Such usage will be considered an abuse of the service. iSyndica reserves the right to issue a warning and/or terminate your account(s) at any time should a violation of these terms and condition be detected. iSyndica may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in iSyndica's discretion, without prior notice or liability to you.

 

LINKS TO THIRD PARTY SITES

AS ISYNDICA PROVIDES LINKS FROM ITS WEBSITE TO THIRD-PARTY WEBSITES AND PERMITS THIRD PARTIES TO LINK FROM ITS WEBSITE TO THE ISYNDICA WEBSITE, YOU SHOULD BE AWARE THAT ISYNDICA MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF ISYNDICA, AND ISYNDICA PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY ISYNDICA, OR ENDORSEMENT OF ISYNDICA'S SERVICES BY THOSE THIRD PARTIES. THE USAGE OF THIRD-PARTY SITES AS DISTRIBUTION CHANNELS UTILIZES YOUR OWN PERSONAL ACCOUNTS AT THESE SITES AND YOU REMAIN SUBJECT TO THEIR TERMS AND CONDITIONS.  THE NAME AND COMPANY LOGOS OF THIRD-PARTY SERVICES ARE REGISTERED TRADEMARKS OR THEIR RESPECTIVE OWNERS. ISYNDICA'S DISTRIBUTION SERVICE IS NOT AFFILIATED TO OR ENDORSED BY ANY OF THE THIRD-PARTY SITES THAT IS INTERACTS WITH UNLESS OTHERWISE SPECIFICALLY MENTIONED.

 

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY ISYNDICA UNDER THESE TERMS AND CONDITIONS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ISYNDICA MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED; (iii) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS; AND (iv) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

 

PERSONAL INFORMATION AND PRIVACY

iSyndica will use and protect your data, such as your name and address, in accordance with the iSyndica Privacy Policy, the contents of which are incorporated by reference into these Terms and Conditions.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless iSyndica, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Subscribers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the iSyndica website, your breach or alleged breach of the Website Terms and Conditions or of any representation or warranty contained herein, your unauthorized use iSyndica images or graphics or software, or your violation of any rights of another.

 

GOVERNING LAW AND JURISDICTION

This agreement is governed by and shall be construed in accordance with the laws of the State of New Hampshire. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

 

COPYRIGHT POLICY

iSyndica has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act, a copy of which is located at: http://lcweb.loc.gov/copyright/legislation/dmca.pdf.

 

If you believe that any Image or other material made available by iSyndica infringes upon any copyright that you own or control, please notify iSyndica.

 

iSyndica will (1) disable access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any iSyndica Subscriber; and (2) terminate the account and access to the iSyndica service of any repeat offender. This policy applies to all aspects of all services provided by iSyndica.

 

NOTICE TO COMPANY

If you wish to contact iSyndica concerning its Terms and Conditions, or if you wish to report an alleged copyright infringment, you can send email to us at legal@isyndica.com or write to us at:

iSyndica USA Incorporated

20A Northwest Blvd, Suite #190

Nashua NH 03063 USA