October 30 2014
Synergetic Management Systems (“Synergetic” or “we”) is a business name of Computing Directions Australia Pty Ltd ABN 12 052 442 896. Synergetic operates www.synergetic.net.au, synergetic.net.au and primarytime.com.au. The services offered by Synergetic include any Synergetic-branded URL (the “Synergetic Website”), Synergetic messaging services (including, without limitation, instant messaging, private messaging, and email services), ‘Primary Time’ TM, and any other features, content, or applications offered from time to time by Synergetic in connection with Synergetic’s business (collectively, the “Synergetic Services”). The Synergetic Services are hosted in Australia.
Synergetic reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Synergetic Services. All material modifications will apply prospectively only. Your continued use of the Synergetic Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Synergetic Services immediately. You may receive a copy of this Agreement by contacting us by email or online.
6. Proprietary Rights in Content on Synergetic.
6.1 Synergetic does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you transmit, submit, display or publish (“post”) on, through or in connection with the Synergetic Services. After posting your Content on, through or in connection with the Synergetic Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Synergetic Services, you hereby grant to Synergetic a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Synergetic Services, including, without limitation, through the Synergetic Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Synergetic account (collectively, “Linked Services”), including, without limitation,distributing part or all of the Synergetic Services and any Content included therein, in any media formats and through any media channels, except that Content marked “private” will not be distributed by Synergetic outside the SynergeticServices and Linked Services. This limited license does not grant Synergetic the right to sell or otherwise distribute your Content outside of the Synergetic Services or Linked Services. After you remove your Content from the Synergetic Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the Synergetic Services, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the SynergeticServices as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Synergetic Services,Synergetic is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
6.2 The license you grant to Synergetic is non-exclusive (meaning you are free to license your Content to anyone else in addition to Synergetic), fully-paid and royalty-free (meaning that Synergetic is not required to pay you or anyone else deriving rights from you for the use on the Synergetic Services of the Content that you post), sublicensable (so that Synergetic is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Synergetic Services), and worldwide (because the Internet and the SynergeticServices are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the SynergeticServices, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the Synergetic Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Synergetic Services and/or Linked Services.
6.4 The Synergetic Services contain Content of Synergetic (“Synergetic Content”). Synergetic Content is protected by copyright, trademark, patent, trade secret and other laws, and Synergetic owns and retains all rights in the SynergeticContent and the Synergetic Services. Synergetic hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Synergetic Content (excluding any software code) solely for your personal use in connection with viewing the Synergetic Website and using the Synergetic Services.
6.5 The Synergetic Services contain Content of Users and other Synergetic licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Synergetic Services.
6.6 Synergetic performs technical functions necessary to offer the Synergetic Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Synergetic Services. In addition, you agree and acknowledge that Synergetic may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Synergetic Services.
6.7 Synergetic reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Synergetic Services.
7.1 Synergetic may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Synergetic violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Synergetic assumes no responsibility for monitoring the Synergetic Services for inappropriate Content or conduct. If at any time Synergetic chooses, in its sole discretion, to monitor the Synergetic Services, Synergetic nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on, through or in connection with any of the Synergetic Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits or is designed to solicit personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Synergetic such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person’s consent;
8.15 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
8.16 impersonating or attempting to impersonate Synergetic or a Synergetic employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
8.17 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.18 using or distributing any information obtained from the Synergetic Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.19 relaying email from a third party’s mail servers without the permission of that third party;
8.20 using invalid or forged headers to disguise the origin of any Content transmitted to or through Synergetic’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
8.21 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Synergetic Website for the purposes of sending unsolicited or unauthorized material;
8.22 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
8.23 using the Synergetic Services in a manner inconsistent with any and all Applicable Law.
If you believe your work has been copied and posted on or through the Synergetic Services in a way that constitutes copyright infringement, please send Synergetic’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Synergetic Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Synergetic’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Synergetic Management Systems, Building 4, 303-313 Burwood Hwy, Burwood East VIC 3151 AUSTRALIA; Facsimile: +61 3 9803 8844; Phone: +61 3 9803 8000; Attn: Copyright Agent. Synergetic provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact Synergetic’s Copyright Agent at the address listed.
To contact us regarding any questions about this Agreement, please use the Contact Us form on our website.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.