Last modified: January 22, 2013

This is the official copyright compliance policy (“Copyright Compliance Policy”) for NeutralSpace, Inc. d/b/a Syndical (Syndical) syndical.com, dotcal.com, neutralspace.com (the “Websites”) and any applications, content, activities and services (“Applications”) made available by Syndical. (“Syndical,” “we,” “us,” or “our”) through social networking websites or any mobile versions thereof. The Websites and the Applications are referred to herein as the “Sites” and the Sites are provided by Syndical. This Copyright Compliance Policy sets forth the procedures undertaken by Syndical to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of Syndical or any other company, unless specifically stated.

This Copyright Compliance Policy is a part of the terms and conditions which are set forth in the Syndical Terms of Use Agreement. Any terms that are not defined in this Copyright Compliance Policy shall have the meaning given in the Terms of Use Agreement. Both the Terms of Use Agreement and this Copyright Compliance Policy are legally binding on all users.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over these Sites and to promptly end any infringement that might occur.

HOW TO SEND A NOTICE OF COPYRIGHT INFRINGEMENT

In you are a copyright owner (or the owner’s authorized agent) and you believe material on our websites has been copied in a way that constitutes copyright infringement, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
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  • Name of Agent Designated to Receive Notification of Claimed Infringement:
    Danton S Mendell
  • Full Address of Designated Agent to Which Notification Should be Sent to:
  • Syndical
    2828 SW Corbett — Suite 100G
    Portland, Oregon 97201
    Email Address of Designated Agent:
    legal at syndical dot com

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DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Your notice of infringement must be a written communication provided to the agent designated above that includes the following information:
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  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, or if multiple copyrighted works on our Sites is covered by a single notification, a representative list of such works on our Sites, 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 available, an electronic mail address.
  • A statement that the complaining party has 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.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES UNDER SECTION 512(f) OF THE DIGITAL MILLENNIUM COPYRIGHT ACT. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

How to Send a Counternotice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:

You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counternotice must be a written communication sent and must include substantially the following information:

  1. A physical or electronic signature of the subscriber (you the user).
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counternotice that complies with these requirements, we reserve the right, but have no obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our websites, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to the Section of the Terms of Use Agreement entitled “Postings”, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counternotice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Repeat Infringer Policy

We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefore.

Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to these Sites, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.
This Copyright Compliance Policy was last modified on the date indicated above and is effective immediately.

Last modified: December 22, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement (“Agreement” or “Terms of Use”) for NeutralSpace, Inc. d/b/a  Syndical (Syndical) and any applications, content, activities and services (“Applications”) made available by Syndical. (“Syndical,” “we,” “us,” or “our”) through our sites, social networking websites, feeds, or any mobile versions thereof.

The Websites and the Applications are referred to herein as the “Sites” and the Sites are provided by Syndical. These Terms of Use are a binding agreement between you (“you” or “your”) and Syndical. By using the Sites, you indicate your unconditional acceptance of the following Terms of Use. This Agreement applies whether you are accessing the Sites via a personal computer, a mobile device, a tablet, or any other technology or devices now known or hereafter developed or discovered (each, a “Device”). This Agreement governs only the content, features, and activities related to these Sites, unless specifically stated.

These Sites are offered and made available only to users 13 years of age or older and certain features on these Sites (including, but not limited to, user registration, calendars, alarms, feeds, and newsletter signups) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years of age or older or the required greater age for certain features, and/or do not meet any other eligibility requirements, please discontinue using the Sites immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Sites immediately because by using or attempting to use the Sites, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Sites. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to this Agreement.

These terms and conditions regarding your use of the Sites constitute a legally binding agreement between you and Syndical. In this Agreement, the term “Site” includes all websites and web pages within the Sites as well as any equivalent, mirror, replacement, substitute or backup websites, embedded software, widgets, feeds, and web pages that are associated with the Sites. By using these Sites, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented by Syndical in conjunction with those products and services (“Additional Terms”), including, but not limited to, the User Content Submission Agreement which governs your submission of User Content (as such term is defined therein. The Sites’ Additional Terms and the Privacy Policy and the Rules are hereby incorporated in this Agreement by reference.

To the extent that there is a conflict between this Agreement and any Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, the Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Sites and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability. Additionally, if you access the Sites through a social networking website, calendaring program, tablet, feed, or a mobile version thereof, you shall comply with such program or website’s terms of service/use as well as this Agreement.

Users have a personal, non-transferable, non-exclusive right to access and use the Sites and Materials (as defined below) subject to these Terms and Conditions. The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Sites, transmit, receive or exchange data or communicate with the Sites, or in any way utilizes, benefits, takes advantage of or interacts with any function, feed, service or feature of the Sites, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Sites and it cannot be modified, except as specifically described below.

1. Registration
We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Sites and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Sites. Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. As part of the registration process for a feature or function, you may choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. You may also be required to register an account with a calendaring or social networking service through which you seek to connect to or access.

2. Modifications
We may alter, suspend, or discontinue the Sites in whole or in part, at any time and for any reason, without notice. The Sites may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Sites and/or e-mail you or notify you upon login about these changes; the form and manner of such notice is at our discretion. Once we post them on the Sites, these changes become effective immediately and if you use the Sites after they become effective it will signify your agreement to be bound by the changes.

You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the User Content Submission Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

3. Ownership of Intellectual Property
The contents of these Sites, including all Site software, contributed content, and computer code, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Sites, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of Syndical, and entities under its control, controlling Syndical or under common control with Syndical (its “Affiliates”), and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.

Product names are trademarks or registered trademarks of their respective owners. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. You may only use the Sites for your non-exclusive, non-assignable, non-transferable use and for no other purposes. You may not alter, delete or conceal any copyright or other notices contained on the Sites, including notices on any Material you upload, download, transmit, display, print or reproduce from the Sites. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, republish, edit, distribute, disseminate, broadcast, photograph or circulate to any third party (including, without limitation, on or via a third party website or information system), or otherwise use, any Material without the express prior written consent of Syndical or its owner if Syndical is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.

On notice, we will act expeditiously to remove content on the Sites that infringes the copyright rights of others and will disable the access to the Sites and its services to anyone who uses them repeatedly to infringe the intellectual property rights of others. 
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over these Sites and to promptly end any infringement that might occur. If you believe that the Sites contain elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

4. Advertising
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of. or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Sites. 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, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

5. Rules of Conduct
Your use of the Sites is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, enable or encourage others to use the Sites, or knowingly condone use of these Sites by others, in any manner that is, attempts to, or is likely to:

· be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, as determined by Syndical;
· affect us adversely or reflect negatively on us, the Sites, our goodwill, name or reputation or cause duress, distress or discomfort or embarrassment to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Sites, or from advertising, linking or becoming a supplier to us in connection with the Sites;
· send or result in the transmission of, or introduce to the Site, junk e-mail, junk events, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
· transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
· forge any TCP/IP packet header or part of the header information in any email, event, or newsgroup posting for any reason;
· exploit children under 18 years of age; use abusive, offensive or defamatory screen names and/or personas;
· obtain unauthorized access to any computer system through the Sites; violate any laws, regulations (including, without  limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any copyright, trademark, trade secret or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Sites, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Sites or to use the Sites in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
· modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Sites or the rights of use and enjoyment of the Sites by any other person, firm or enterprise;
· upload any information, software or Material that you do not own or have permission to freely distribute; or
· collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Sites, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

You agree to indemnify, defend and hold Syndical and its Affiliates harmless for any and all claims, damages, losses and causes of action arising as a result of your posting or uploading content to the Sites or your failure to comply with these Terms of Use.

6. Wireless Marketing Services and Promotional Opportunities
Syndical may provide you with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless Devices such as mobile phones. You are required to provide your consent to receive such information from Syndical, either by registering on these Sites or via your wireless Device. Such services and promotional opportunities are provided by Syndical or its Affiliates. The information requested as part of the online registration process is your telephone number or a wireless email address, but only if specifically requested, and your carrier’s name. Optional information may be requested for specific promotions, such as your preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, you may also be required to confirm your agreement to this Agreement and, including without limitation, the Privacy Policy.

If you register for Syndical’s wireless services, then you acknowledge, understand and agree that you will be charged by your wireless carrier for all messages sent to you from Syndical. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Syndical, or any Affiliates be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. 
You understand, acknowledge and agree that Syndical may, at its sole discretion and without liability to you, terminate its offer of any specific wireless service or all wireless services at any time without advance notice. Syndical may provide notice of terminations or changes in services on these Sites.

7. Viral Features
There may be portions of our Sites, content, functionality or (“Viral Features”) that we make available to you for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Sites or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or websites of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend and that you are bound by the applicable provisions of this Agreement and our Privacy Policy.

8. Postings
Your comments, suggestions and information are important to us. Portions of these Sites may provide you and other users an opportunity to participate in events, forum & calendar services, blogs, web communities, and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, events, ideas, opinions, messages or other information (“Post” or “Postings”) and (b) User Content (as defined in the User Content Submission Agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Sites. Postings do not reflect the views of the Sites, Syndical, or our Affiliates. We reserve the right to monitor, edit or screen any Postings.

If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Sites; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Sites.
 If a Posting originates from you or your account, you hereby: (a) grant the Sites, Syndical, and its Affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Posting in whole or in part, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (b) represent and warrant that (i) you have the legal right to upload the Posting to Syndical and the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Sites, Syndical, and its Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, Syndical, and its Affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements. 
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Sites per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.  
If you believe that any content on the Sites (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please email us at support@Syndical.com (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

9. Contests, Sweepstakes, Auctions and Promotions
From time to time, Syndical, the Affiliates’ or the Sites’ operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Sites, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion will have Additional Terms and/or Rules, which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

10. Certain Products and Services
RSS, XML, iCalendar, CalDav, & Other Feed Types
The Sites may provide RSS, XML, iCalendar, CalDav, and other Feeds (“Feeds”) consisting of selected text, events, audio, video, and photographic content (“Content”) from the Sites that is provided over the Internet using various technologies. Certain Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through various Feeds and you are solely responsible for obtaining such hardware or software.
 Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Syndical or the content provider. Content is available for personal, use only and you may download, copy and/or transfer to a Device or through a Device to another Device the Feeds and associated Content for your personal, use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section. 
By your access to and use of Feeds, you understand, acknowledge and agree that the Sites, Syndical, and its Affiliates do not warrant that its Feeds will operate on all user equipment.

Mobile Applications
If Syndical offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number. Under no circumstances will Syndical, or any of our Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.

11. Hyperlinks to Third Party Sites
The appearance, availability, or your use of names, URLs or hyperlinks referenced or included anywhere on the Sites or any other form of link or re-direction of your connection to, with or through the Sites, to websites that are not affiliated with Syndical or the Sites is not an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Sites, Syndical, or any of its Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers.

Your access of the unaffiliated websites is at your own risk, and we do not verify, endorse or have any responsibility for the content of any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such third party websites, whether the Sites’, Syndical’s, or any of its Affiliates’ logo or sponsorship identification is on the third party sites as part of a co-branding or promotional arrangement or for any loss or damage incurred in connection with your use of such links and sites. If any third party sites obtain or collect Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Syndical collects and uses your Personal Information and other information and certain of our relationships.

12. Deactivation/Termination of Your Registration or Use
If you are registered to use the Sites, you may deactivate your account on the Sites, at any time and for any reason, by sending an email to support@Syndical.com. We may terminate your use of and registration on the Sites, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion.

13. Disclaimer and Limitations of Liability
THESE SITES, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SITES WILL BE AVAILABLE FOR USE, ACCURATE UNINTERRUPTED, FREE OF VIRUSES OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.

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 Sites. 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 Sites, including, without limitation, Postings and Materials associated with your use of the Sites.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THESE SITES, SYNDICAL, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITES OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Syndical, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Syndical, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Sites. You further understand and acknowledge the capacity of the Sites, 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 Syndical assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Sites for any transactions or Postings. 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.

14. Indemnification
You agree to indemnify, defend and hold the Sites, Syndical, and any of its Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your use of the Sites, any breach or violation of this Agreement by you, or your Postings.
 Syndical reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Syndical in the defense of any such claim, action, settlement or compromise negotiations, as requested by Syndical.

15. Privacy
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Sites.

16. Jurisdictional Issues
We make no representation that information on this website, or website feeds, are appropriate or available for use outside the United States.  Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

17. Law That Applies to this Agreement; Miscellaneous Terms
This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Sites and supersedes any and all prior or inconsistent understandings relating to the Sites and your use of the Sites.

This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. 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 or your use of the Sites, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the Sites are governed by, construed and enforced in accordance with the internal substantive laws of the State of Oregon (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Oregon, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of Multnomah and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

You agree that Syndical may assign or delegate this Agreement, the Privacy Policy and any Additional Terms or Rules, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under this Agreement, the Privacy Policy and any Additional Terms or Rules to any person or entity without Syndical’s prior written consent, and any unauthorized assignment or delegation by you is void and ineffective.

The failure of Syndical to require or enforce strict performance by you of any provision of this Agreement, the Privacy Policy or any Additional Terms or Rules, or failure to exercise any right thereunder, shall not be construed as a waiver of Syndical’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Syndical of any provision, condition or requirement of this Agreement, the Privacy Policy or any Additional Terms or Rules shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service only with 30 days written notice, or by notifying us via email “return receipt requested”, to sales@syndical.com, informing us that you wish to cancel your account and no longer want to utilize our services.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any terms or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or according may deny you access to our Services (or any part thereof).

Except as set forth in this Agreement, no consents or waivers or other acts or omissions by Syndical shall be deemed a modification of this Agreement, the Privacy Policy or any Additional Terms or Rules, nor be legally binding, unless documented in writing and signed by a duly authorized officer of Syndical.

Last Updated: January 22, 2013

This is the privacy policy (“Privacy Policy”) for NeutralSpace, Inc. d/b/a  Syndical (Syndical) syndical.com, dotcal.com, neutralspace.com (the “Websites”) and any applications, content, activities and services (“Applications”) made available by Syndical. (“Syndical,” “we,” “us,” or “our”) through social networking websites or any mobile versions thereof. The Websites and the Applications are referred to herein as the “Sites” and the Sites are provided by Syndical. This Privacy Policy is a binding agreement between you (“you” or “your”) and Syndical. By using the Sites, you indicate your unconditional acceptance of the following Privacy Policy.

1. When This Privacy Policy Applies.

This Privacy Policy applies whether you are accessing the Sites via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) and whether you are accessing the Sites as a registered user (if offered by the Sites) or other user of the Sites. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Sites and does not cover any such information collected in any other manner (such as by Syndical or not through the Sites) or by any other website offered by Syndical and/or any subsidiaries and affiliates of Syndical (collectively, “Affiliates”) or collected by any other company, unless specifically stated. We may from time to time, combine Information (as that term is defined below) with other information we collect from other sources, such as information received from our Affiliates, marketing companies or Advertisers.
 If you do not agree with this Privacy Policy, please do not participate in the Sites or any features, activities or services offered through the Sites. If you access the Sites through a social networking website or any mobile version thereof, you may be required to also read, accept and comply with its privacy policy.

2. U.S. Governing Law.

The Sites are designed and targeted to U.S. audiences and are governed by applicable U.S. state laws and U.S. federal laws. We make no representation that these Sites are operated in accordance with the laws or regulations of, or governed by, other nations. By participating in our Sites’ activities, you certify that you meet the age and other eligibility requirements for these Sites as set forth in our Terms of Use Agreement.

If you do not meet the age and other eligibility requirements, please discontinue using the Sites immediately as your continued use of the Sites indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy.

If you are located in the European Union or elsewhere outside of the U.S., you use the Sites at your own risk and initiative and you, not we, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of these Sites will be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law.

By using these Sites, participating in any Site activities and/or providing us with your Personal Information and Other Information, you (i) consent to the transfer and/or processing of any Information to and in the U.S., (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that we will collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations of, or that apply to you in, any other country or jurisdiction.

3. Collection and Use of Personal Information and Other Information

When we use the term “Personal Information” we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information collected by the Sites (Personal Information and Other Information, together, the “Information”).

Information We Collect that You Provide Us.

User Registration.

To the extent we offer user registration on the Sites, to register as a member of any of the Sites, you are required to select a user name and password (together, your “User ID”) and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested during the registration process (but not required). We may also allow you to register with the Sites by using Facebook Connect or other authentication options provided by social networking websites.

In connection with Certain Features and Functions.

We may also provide you with access to certain features or functions that we may offer on the Sites, such as the option to subscribe to a selection of free email newsletters and other periodic information, chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions.

For example, to sign up to receive email newsletters, you may be required to provide your email address, date of birth and zip code separate from any user registration. Further, for example, to the extent we offer such services, if you order any of our various Products (as defined in the Terms of Use Agreement), in addition to your name and contact information, we will also collect and may maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number and information about your computer’s internet address and website which may have referred or directed you to the Sites (e.g., the referring URL). Your credit card or debit card number is collected via a secure transmission. If you ask for assistance from our customer support or community teams, we may collect and store the contact information you provide, information about your activity on the Sites and any correspondence (including the Information contained therein).

In connection with Promotions such as Contests and Sweepstakes.

There may be a separate registration process to enter Promotions such as contests and sweepstakes which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion’s entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners (“Advertisers”) as a result of your use of the Sites in connection with many of these types of Promotions.

4. In connection with Social Networking Websites.

If you use a Site through a social networking website such as Facebook (where such Site may be referred to as an “application”), you allow Syndical to access certain Information from your profile for that social networking website. The categories of Information you allow us to access through a social networking website will depend, in part, on the permissions you grant us and the privacy settings you have established at the social networking website where you access and use our Sites.

You can control and find out more about these settings at the social networking website where you use our Sites. By using a Site through a social networking website, you are authorizing Syndical to collect, store and use, in accordance with this Privacy Policy, any and all Information that the social networking website is permitted to provide through its application programming interface based on your privacy settings. Your agreement takes place when you “accept” or “allow” (or other similar terms) one of our Sites on a social networking website.

Information Collected Through Use of Cookies and Other Tracking Technologies.

The Sites and/or third parties may use “cookies”, “web beacons” (also known as image tags, GIF or web bugs), “embedded scripts” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Sites and the web.

We use Tracking Technologies to collect “click stream” data and additional Other Information regarding your visits to the Sites, such as your visits to the Sites’ web pages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Sites (“Identifier”). Your Identifier is automatically assigned to the Device you use to access the Sites. Your Personal Information is not collected as part of this process. By visiting the Sites, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Sites.

The Sites may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Sites, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Sites (“Targeting Services”). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Sites and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.

Although these Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Sites, the Third Party Advertising Service Providers, as well as Advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser and/or they may otherwise have access to Other Information about you.

Use of Information.
 As set forth in this Privacy Policy, we may share Information with our Affiliates.

Personal Information. We use the Personal Information we collect from you in a variety of ways, including:

Sending marketing and promotional e-mails or, subject to the “Wireless Marketing Services and Associated Promotional Opportunities” Section below, text messages offering goods and/or services that may be of interest to users, whether those goods and/or services are provided by us, our Affiliates or third parties (for example, we may send you an email about a product sold by a third party);
Processing your registration with the Sites, such as verifying that your e-mail address is active and valid;
Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or Products you have ordered or any other transactions you have undertaken with the Sites;
Allowing you to participate in the public areas and/or other features of the Sites;

Responding to your questions or other requests;
Contacting you regarding your use of the Sites, for informational purposes related to the Sites or, in our discretion, regarding changes to the Sites’ policies;
Improving the Sites or our services and for internal business purposes;

Tailoring your experience on the Sites and/or otherwise customizing what you see when you visit the Sites;
Saving your User ID or other Personal Information, so you don’t have to re-enter it each time you visit the Sites;
Otherwise to maintain and administer the Sites;
As necessary to facilitate disclosures that are otherwise permitted under this Privacy Policy; and

For other purposes disclosed at the time you provide the Personal Information.

Other Information Collected by Us. We, and/or our Affiliates, use the Other Information we collect from you in a variety of ways, including:

Keeping count of your return visits to the Sites or our Affiliates’, Advertisers’ or partners’ sites;
Accumulating and reporting aggregate, statistical information in connection with the Sites and user activity;

Determining which features, web pages, products and services users like best to, among other things, help us operate the Sites, enhance and improve our services and the Sites and display advertising and marketing information;

Preparing statistics reports;
Allowing you to participate in the public areas and/or other features of the Sites;

Improving the Sites or our services and for internal business purposes;

Tailoring your experience on the Sites and/or otherwise customizing what you see when you visit the Sites;
Saving certain Other Information for use on your return visits to the Sites;

Otherwise to maintain and administer the Sites
For the uses described for “Personal Information” above;

As necessary to facilitate disclosures that are otherwise permitted under this Privacy Policy and

For other purposes disclosed at the time you provide the Other Information.

Other Information Collected by Third Party Advertising Service Providers and Advertisers.

The use of Tracking Technologies by Third Party Advertising Service Providers and Advertisers is within their control and not ours. Even if we have a relationship with the Third Party Advertising Service Provider or Advertiser, we do not control their websites or their policies and practices regarding your Information. This Privacy Policy does not cover any use of Information that a Third Party Advertising Service Provider or Advertiser may directly collect from you. Use of Third Party Advertising Service Providers’ and Advertisers’ Tracking Technologies is governed by the Third Party Advertising Service Providers’ or Advertisers’, as applicable, own specific privacy policies and not this Privacy Policy.

However, please see “Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities)” Section for more information on how to opt-out of the collection and/or use of Information collected by certain Third Party Advertising Service Providers.

Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).

Opting-Out of Certain Uses of Personal Information.

In Connection with Marketing and Promotional Email and Offers.

You may “opt-out” of receiving marketing and promotional e-mails from us at any time by sending an email to support (at) syndical.com with “Opt-Out” in the subject line.

In Connection with Wireless Marketing Services.

See “Termination of Wireless Services by Users” under the “Wireless Marketing Services and Associated Promotional Opportunities” Section for more information on how you may unsubscribe from receiving text messages.

Certain Continuing Uses Regardless of Opt-Outs.

However, even if you exercise your opt-out rights above, we, or our Affiliates, may continue to contact you for the other purposes of processing transactions that you have requested or to respond to inquiries that you have initiated, and for related maintenance and administrative purposes.

Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.

With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:

With respect to the serving of ads by DoubleClick to you, please visit http://www.doubleclick.com/us/about_doubleclick/privacy for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies.

To opt-out of Tracking Technologies set by certain Third Party Advertising Service Providers used by the Sites in addition to DoubleClick, please visit http://www.networkadvertising.org/managing/opt_out.asp for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies.

You can choose to delete the Tracking Technologies through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature.

You can choose to disable or turn Tracking Technologies off. Additional information on disabling or turning Tracking Technologies off may be available through your browser’s support feature.

Opting-out of, deleting or disabling Third Party Advertising

Opting-out of, deleting or disabling Third Party Advertising Service Providers’ Tracking Technologies does not mean that you will no longer receive online ads. Opting-out to, deleting or disabling Third Party Advertising Service Providers’ Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on these Sites.

With respect to the Tracking Technologies set by the Sites, you have a number of options:

You can choose to delete or disable the Tracking Technologies as directed by your browser’s support feature

You can choose to have the Device you use to access the Sites warn you each time a cookie, image tag or other Tracking Technology is being sent, or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Sites. Additional information on warnings and removal of warnings may be available through your browser’s support feature.

Some Device manufacturers may preset their browsers

Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete or disable Tracking Technologies, you may not have access to certain features of the Sites and some of our other services may not function properly.

Social Networking Websites.

If you use our Sites through a social networking website or a mobile version thereof, Syndical will be able to access and store profile and other Information about you as described above. Syndical does not offer an “opt-out” option for specific fields that are shared with Syndical by the social networking website when you access and use our Sites.

5. Wireless Marketing Services and Associated Promotional Opportunities.

Syndical may provide users and viewers with the opportunity to register for special Promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. If we do so, users are required to provide their consent to receive such information from Syndical, either by registering on the Sites or via their wireless device. Such services and promotional opportunities are provided by the Affiliates for Syndical. The Information requested as part of the online registration process may include a user’s telephone number or a wireless email address, but only if specifically requested, and the carrier’s name.

Additional Information may be requested for specific Promotions, such as a user’s preferences regarding goods or services, or other similar survey information. Depending on the Promotion, we may also collect an Internet email address or other Information and, depending on the Information collected, the user may also be required to confirm his or her agreement to this Privacy Policy and the Terms of Use Agreement.

Users that register for Syndical’s wireless marketing services will be charged by the user’s wireless carrier for all messages sent to the user from Syndical. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Sites, Syndical, or its Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.

Registration.

To the extent we provide wireless marketing services, there are two registration methods provided for Syndical’s wireless marketing services. Standard rate Promotions will be subject to either the “single opt-in” or the “double-opt-in” (Site/SMS) method, at the discretion of Syndical depending on the type of Promotion. Premium rate services will require the “double opt-in” (Site/SMS or SMS/SMS) method.

Single Opt-in Method:

In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user’s voluntary submission of the designated word or code to Syndical will mean that the user has freely and affirmatively granted permission to Syndical to send text messages to him or her. Syndical will acknowledge this registration by sending a “Thank you” message. The user may terminate the service at any time by using the unsubscribe command in any text message from Syndical or by sending a text message to Syndical that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”.

Double Opt-in (Site/SMS) Method:

In response to print, radio, television, Internet, or other promotional messages, users will be directed to these Sites to start the registration process. The user must affirmatively consent to Syndical’s sending of wireless messages to his or her designated wireless device by submitting a telephone number (or wireless email address, only if requested by Syndical) and by clicking the consent statement on the respective Site’s registration page.

The user must also agree to the respective Site’s Privacy Policy and Terms of Use Agreement before the online registration process is completed. Syndical will then send a “Confirmation” message to the user’s designated wireless device and will request that the user confirm that he or she has agreed to receive messages from Syndical to that particular telephone number (or wireless domain name when appropriate).

The user must respond to the “Confirmation” message with a text message that states “YES” or “Y” that will indicate the user’s acceptance of Syndical’s wireless marketing service. Until the user responds to the “Confirmation” message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the “Confirmation” message at any time provided that Syndical may choose to terminate offering wireless marketing service at any time and the user’s response to the “Confirmation” is only valid if the response is received while Syndical continues to offer the specific wireless marketing service.

Double Opt-in (SMS/SMS) Method:

In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. Syndical will then send a “Confirmation” message to the user’s designated wireless device and will request that the user confirm that he or she has agreed to receive messages from Syndical to that particular telephone number (or wireless domain name when appropriate).

The user must respond to the “Confirmation,” message with a text message that states “YES” or “Y” that will indicate the user’s acceptance of Syndical’s wireless marketing service. Until the user responds to the “Confirmation” message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the “Confirmation” message at any time provided that Syndical may choose to terminate offering wireless marketing service at any time and the user’s response to the “Confirmation” is only valid if the response is received while Syndical continues to offer the specific wireless marketing service.

Termination of Wireless Services by User.

Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from Syndical by the following procedure:
 A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by Syndical at the time the message is sent, or by sending a text message that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”. Syndical will terminate the user’s registration for the most recent wireless service sent to the user.

Any of these words followed by the word “ALL” in the user’s termination request will cancel all of the user’s registered wireless services with Syndical. If the user unsubscribes from one or all of Syndical service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user’s previous opt-in.

Termination of Wireless Services by Syndical.

Syndical may, in its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. Syndical may provide notice of terminations or changes in services on the Sites.

Use of Information.

Syndical will not use a wireless telephone number, wireless or conventional Internet email address, or other Information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless a user consents in advance of any other use, or as otherwise permitted under this Privacy Policy. We will not share any Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share Personal Information with the operational service providers that assist us in delivering these wireless services to you and with our Affiliates.

6. Sharing and Disclosure of Personal Information and Other Information.

Sharing and Disclosure of Personal Information.

We do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as described in this Privacy Policy.

Disclosure to Affiliates.

We may disclose Personal Information to Affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described in the “Opting-Out of Certain Uses of Personal Information” Section above.

Disclosure of Certain Information in Postings Intended to Be Disclosed.

Certain Personal Information associated with a Posting may be intended for disclosure (“Posting Information”), such as username. We will disclose Posting Information in connection with the display of, and other services relating to, such Posting.

Disclosure In Connection with Co-Branded Services and Features.

The Sites may also offer co-branded services and features, such as events and Promotions that we put together with another company or our Affiliates (“Co-Branded Partner”) and that may be hosted on the Sites and/or our Co-Branded Partner’s website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Sites and our Co-Branded Partner to collect the Information provided in connection with the specific co-branded feature or service and to use such Information for the fulfillment of the feature or service and for marketing or administrative purposes. The Co-Branded Partner will be identified on the co-branded feature or service, along with the Co-Branded partner’s privacy policy.

If you wish to opt-out of a Co-Branded Partner’s future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly and the use of such information by Co-Branded Partner is subject to Co-Branded Partner’s privacy policy.

Disclosure to Operational Service Providers.

We may also disclose your Personal Information and Other Information to third parties for the purpose of administering and maintaining the Sites’ services, features, functions and operations. We refer to these third parties as “operational service providers”.

We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.

Disclosure to Certain Other Third Parties.

In addition to the above, we will make your Personal Information and Other Information available to certain third parties in the following limited circumstances:

When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process) or if requested by a governmental agency or other authority as part of an investigation;

If we believe your actions violate any law, rule, regulation and/or the Terms of Use Agreement, including, without limitation, this Privacy Policy, Rules or Additional Terms;

In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate);

If you opt-in or otherwise agree to have your Personal Information shared with or otherwise disclosed to a third party for marketing purposes, in which case the third party’s use of your Information is subject to the third party’s own privacy policy;

If, in our sole discretion, we believe such disclosure to be necessary or appropriate: to investigate or resolve possible problems or inquiries; to protect our business and assets or the rights, property or safety of the Sites, Syndical, the Affiliates, or any of its or their operational service providers, licensors, suppliers, Advertisers, customers, users, or any other party; to limit our legal liability; to assert or defend our legal or property interests; to enforce this Privacy Policy or the Terms of Use Agreement and/or to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities; and/or

In connection with a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or our Affiliates.

Sharing and Disclosure of Other Information.

We may share or otherwise disclose Other Information with third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.

7. Reviewing, Updating or Deleting Certain Information.

If you are a registered user of the Sites and logged into the Sites, you may review, update or delete certain Information collected by the Sites by adjusting your profile settings at each Site. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct Information. We will allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and which is associated with your User ID.

Certain Information collected for certain entries into Promotions are subject to corporate and regulatory record keeping requirements and will not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.

To manage Information we receive about you from a social networking website where you access and use our Sites, you will need to follow the instructions at that site for updating your information and changing your privacy settings. The privacy management tools for applications on Facebook can be found here. You can also manage certain aspects of Information collection and use by going to the settings of your Device and reviewing the permissions of the applications you are using. Once we receive your Information from a social networking website, that Information is used by Syndical in accordance with this Privacy Policy, and you may access and update that Information as described herein.

Children or Ineligible Teenagers. If we, or our Affiliates, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Sites, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of certain features of these Sites (“Ineligible Teenagers”), the child (or Ineligible Teenager) or the child’s (or Ineligible Teenager’s) parent or legal guardian (the “Parent”) always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message.

The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state).
In addition, Parents of children or Ineligible Teenagers who wish to terminate their child’s or Ineligible Teenager’s membership must use their child’s or Ineligible Teenager’s User ID to gain direct access to the account, and follow the procedures in the “Deactivation/Termination of Your Registration or Use” Section of the Terms of Use Agreement to terminate their child’s or Ineligible Teenager’s member; alternatively, Parents may send an email to support (at) syndical.com and provide us with your child’s or Ineligible Teenager’s User ID and request to terminate your child’s or Ineligible Teenager’s account and registration.

We will not allow direct access to a user’s account and Personal Information by any person without the user’s User ID. If a Parent does not have his or her child’s or Ineligible Teenager’s User ID, the Parent will be required to send an email to support (at) Syndical.com that includes the Parent’s name, address, telephone and email address, in addition to the child’s or Ineligible Teenager’s name and email address as registered on the Sites, plus the child’s or Ineligible Teenager’s date of birth. The Parent must also provide verifiable identification that they are the parent or legal guardian of the child or Ineligible Teenager.

Syndical will send a confirming email to the Parent via the email address provided to verify that the Parent wishes to terminate his or her child’s or Ineligible Teenager’s account and registration. The Parent must then confirm by sending a reply email to the designated return address. Syndical will then terminate the child’s or Ineligible Teenager’s account but will notify the child or Ineligible Teenager of the termination request via email and will identify the name, address and email address of the person making the request.

8. Protection of Information.

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission.

We conduct financial transactions via secured transmissions but may not always secure other parts of the Sites. We also limit access to the Sites by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.

We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party’s interception of messages or a user’s Personal Information when using a wireless communications device.

Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use “spoofed” e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Sites’ Privacy Administrator at support (at) syndical.com, and then immediately delete the fraudulent email from your computer.

9. Your California Privacy Rights.

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. 
If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to the Privacy Administrator at support (at) syndical.com or by postal mail c/o Privacy Administrator.

All requests must be labeled “Your California Privacy Rights” on the email subject line or envelope or post card. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We cannot accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

10. Changes to this Privacy Policy and Notice.

We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on the Sites’ homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates.

11. Miscellaneous.

Accuracy and Confidentiality.

It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for the activity, behavior, use and conduct on the Sites under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party.

We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Sites if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.

Further, if you use any of the Communities features and functions made available on or through the Sites, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. Syndical is in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.

Questions.

If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, you may contact us directly by sending an email to support (at) Syndical.com or please contact our Privacy Administrator at Syndical, c/o Privacy Administrator.

Sole Statement:

This document is the sole statement of the Sites’ Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, but not limited to, machine-generated, is valid.

Please review our Terms of Use Agreement, which governs your use of the Sites. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement.

This Privacy Policy was last modified on the date indicated above and is effective immediately.

Last Modified: December 22, 2012

This is the official user content submission agreement (“User Content Submission Agreement”) for NeutralSpace, Inc. d/b/a  Syndical (Syndical) syndical.com, dotcal.com, neutralspace.com (the “Websites”) and any applications, content, activities and services (“Applications”) made available by Syndical. (“Syndical,” “we,” “us,” or “our”) through social networking websites or any mobile versions thereof. The Websites and the Applications are referred to herein as the “Sites” and the Sites are provided by Syndical.

Please read this User Content Submission Agreement carefully because it is a part of the Terms of Use Agreement and represents your legally binding agreement with us regarding your submission (and our display, use and distribution) of content to us via the Sites or by other means, and this User Content Submission Agreement applies regardless of what type of Device or method you use to submit content to us. Unless defined herein, terms used in this User Content Submission Agreement are defined in our Terms of Use Agreement.

When you submit User Content (as defined below), you are signifying your agreement with and acceptance of all terms and conditions of this User Content Submission Agreement as well as the terms and conditions contained in the Terms of Use Agreement that govern your legal and contractual relationship with Syndical.

We have the right to change the terms and conditions of this User Content Submission Agreement at any time as described in our Terms of Use Agreement. If you do not agree with all the terms and conditions of this User Content Submission Agreement at any time, including, without limitation, those times when we make changes, do not submit any User Content to us.  If you do submit any User Content to us, you are agreeing to be bound by all of the terms and conditions of this User Content Submission Agreement, including, without limitation, any changes we have made.

IMPORTANT NOTE: You must meet the Age Requirements in Section 2 of this User Content Submission Agreement and each and every time you submit or attempt to submit User Content, among other things, you will be asked to confirm your compliance.

Submitting User Content.

The term “User Content” means and refers to any and all content, media and materials you submit to us, whether via the Sites or through any other means, including, without limitation, still photographs, events, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world. User Content is also considered a “Posting”, as such term defined in the Terms of Use Agreement, and therefore, all terms and conditions contained within the section of the Terms of Use Agreement titled “Postings” shall apply to all User Content.

Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this User Content Submission Agreement. Instructions for uploading User Content can be found on that Site’s web page for the upload of User Content.

To be considered for posting and display to the public, User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on that Site’s web page for the upload of User Content. In order to submit User Content, you will also need to meet our Age Requirements (see Section 2 below).

When you submit User Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Content, length, your location and/or similar information. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything.

Age Requirements.

By submitting User Content, you are certifying that you satisfy the age eligibility and requirements set forth in the Terms of Use Agreement.

User Content Standards; Unauthorized Content.

You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User Content does not reflect the views of Syndical, and neither SYndical, nor any of its Affiliates, represents or guarantees the truthfulness, accuracy, or reliability of any User Content, or endorses or supports any opinions expressed in any User Content. In no event shall Syndical or its Affiliates have or be construed to have any responsibility or liability for or in connection with any User Content. If we determine, in our sole discretion, you have not met the Age Requirements (see Section 2 above) or if, in our judgment, you or any User Content you submit violates this User Content Submission Agreement or for any other reason, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this User Content Submission Agreement, at law or in equity, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) revoke your registration and right to use the Sites and (d) use any technological, legal, operational or other means available to enforce the terms of this User Content Submission Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.

We make no claim that the Sites or any User Content are appropriate for any particular purpose or audience, or that any video, software or our Sites may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk.

You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any User Content including videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.

You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as Syndical deems appropriate, any “Unauthorized Content” which is defined as any User Content that is or could be construed as violating any of the terms and conditions of this User Content Submission Agreement, and/or any of the terms and conditions set forth in our Terms of Use Agreement, including, without limitation:

infringing on a third party’s copyright or other intellectual property rights;
causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Sites;

unauthorized access to the Sites or information of other users;

the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Sites; or

any requirements, rules, terms or conditions that may be applicable to the Sites.

Neither Syndical nor its Affiliates control any User Content submitted.

Neither Syndical nor its Affiliates control any User Content submitted, although we may use both automated and manual means of reviewing User Content in order to prevent Unauthorized Content from appearing and being displayed on our Sites. Syndical reserves the right to review any submitted User Content and to delete, remove, move, edit or reject, without notice to you, any User Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this User Content Submission Agreement or to be unacceptable to Syndical or its Affiliates, for any reason or for no reason whatsoever; provided, however, that Syndical shall have no obligation or liability to you for failure to do so or for doing so in any particular manner.

If Syndical receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (see Section 4 below), we may remove User Content associated with such claim. Syndical reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Sites or to comply with legal, regulatory, audit and compliance obligations.

Copyright Infringement.

If you believe any User Content violates the copyright of any other party, you can notify us by complying with the procedures set forth in our Copyright Compliance Policy.

Rights Granted to Syndical.

In connection with all User Content you submit to us, you grant to Syndical, and its Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Sites (regardless of the Device through which the Sites may be accessed) and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of Syndical, and its Affiliates (collectively, the “Platforms”), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Syndical, and its Affiliates, in our sole discretion.

For the avoidance of doubt, without limiting the generality of the rights granted to Syndical, and its Affiliates, these rights include, without limitation, the right to distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.

By submitting User Content, in addition to the rights, licenses and privileges referred to above, you are also granting Syndical, and its Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with Syndical, and its Affiliates and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by Syndical, and its Affiliates, without limitation or restriction whatsoever.

The rights, licenses and privileges described in this User Content Submission Agreement and granted to Syndical, and its Affiliates, shall commence immediately upon submission of your User Content and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by Syndical on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither Syndical, nor its Affiliates, shall be required or have any obligation to host, index, display, accept or use any submitted User Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and Syndical may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any User Content. Once you submit or attempt to submit User Content you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to Syndical or its Affiliates.

You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted. You also understand and agree that neither all or any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need to be submitted for approval prior to use.

You hereby release Syndical, and its Affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.

Syndical, and its Affiliates, have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Content and the rights granted to Syndical, and its Affiliates hereunder.

Syndical has the right to license, authorize and/or otherwise enter into agreements and arrangements with any Affiliates to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this User Content Submission Agreement, in whole or in part. To the extent Syndical does so, when you submit User Content each such Affiliate shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to Syndical hereunder and related thereto as if you had entered into this User Content Submission Agreement with such Affiliate directly.

Ownership.

Syndical retains all right, title and interest in and to the Sites, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no right, title or interest in or to the Sites.

Except for the licenses, authorizations, consents and rights granted hereunder and described in this User Content Submission Agreement, as comprehensive and broad as they may seem or actually be, Syndical acquires no title or ownership rights in or to any User Content you submit and nothing in this User Content Submission Agreement conveys to us any ownership rights in your User Content.

Syndical is acting only as a host, bulletin board or conduit for submitted User Content, with all of the specific rights granted by you hereunder. Although by your submission of any User Content you are requesting and directing us and any of the Affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the User Content on the Platforms), neither we, nor any of the Affiliates have any obligation to do any of these things.

You represent that you own the rights to the User Content you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this User Content Submission Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this User Content Submission Agreement and perform and comply with all of its obligations.

You represent, warrant and covenant to Syndical and, by submitting User Content, you reaffirm each such representation, warranty and covenant, that (a) you are not a minor and you have the legal right and capability to enter into this User Content Submission Agreement and perform and comply with all of its terms and condition or, if you are a minor, your parent or legal guardian has agreed to this User Content Submission Agreement on your behalf, (b) all of the information provided by you associated with your User Content is correct, complete and current, (c) your submission of any User Content does not violate this User Content Submission Agreement, any rights of any other party, any of your obligations, any law or regulation or infringe upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (d) you accept the Terms of Use Agreement, including, without limitation, those provisions relating to Postings and (e) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this User Content Submission Agreement as described.

Upon the request of Syndical, you will furnish Syndical any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this User Content Submission Agreement, including, without limitation, the foregoing representations, warranties and covenants.

You represent and warrant that the submission of your User Content is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, and you further acknowledge that Syndical is not a signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that Syndical shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of the User Content.

You acknowledge that other persons may have submitted User Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your User Content or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of User Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Content you or anyone else submits, that is purely coincidental and unavoidable.

Financial Consideration.

Syndical reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Sites or other Platforms or media and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your User Content may be displayed on or otherwise used by or in connection with the Sites or other Platforms or media.

Indemnification.

Your indemnification obligations under the Terms of Use Agreement include, without limitation, any third party claims arising from, related to or caused by your User Content, the submission of User Content and/or in any way associated with this User Content Submission Agreement and/or the Sites.

Disclaimers and Limitation of Liability.

THE SITES ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE SITES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS USER CONTENT SUBMISSION AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITES. SYNDICAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SITES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. THE SITES ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE SITES WHERE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. SYNDICAL DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS USER CONTENT SUBMISSION AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. SYNDICAL EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.

General.

The Terms of Use Agreement, incorporating this User Content Submission Agreement, is the entire agreement between you and us relating to User Content and your use of the Sites and supersedes any prior or inconsistent agreements. Syndical may terminate this User Content Submission Agreement with you and your right to use the Sites at any time without notice to you.

This User Content Submission Agreement was last modified on the date indicated above and is effective immediately.