Creators Club Terms and Conditions 

 

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SynergyXR CREATORS CLUB. From time to time, SynergyXR, on behalf of itself and its affiliates, may elect to provide online community resources, such as online message boards, newsgroups, chat rooms, Wikis, blogs and/or other interactive forums (collectively “Creators Club“) that can be accessed and contributed to by certain registered users of SynergyXR products and services. This CREATORS CLUB provides opportunities to interact with your peers in order to share knowledge, news, and information about SynergyXR and its products and services. Your participation in the Creators Club is voluntary and is governed by these Creators Club Terms and Conditions (“Terms”), your agreement(s) with SynergyXR, SynergyXR’s Terms of Service, and SynergyXR’s Privacy Policy, including all disclaimers of liability included therein. SynergyXR reserves the right to modify or update these Terms at any time in its discretion. Your continued participation in the Creators Club serves as your agreement to such modified or updated Terms. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR PARTICIPATING IN ANY PART OF THE CREATORS CLUB, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR, ACCEPT, AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU PLAN TO USE THE CREATORS CLUB; AND (II) AGREE TO BE BOUND BY THESE TERMS. 

 

Rules of Conduct 

The purpose of the Creators Club is to voluntarily exchange information about SynergyXR and its products and services. You expressly agree not to use any part of the Creators Club to: 

  • post content that is unlawful, malicious, misleading, defamatory, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, objectionable, inappropriate, improper, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; 
  • impersonate any person or entity, including, but not limited to, SynergyXR or a SynergyXR employee, or falsely state or otherwise misrepresent your affiliation with any person, group, or entity; 
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to any part of the Creators Club; 
  • post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
  • post any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights or rights of publicity or privacy rights of any third party; 
  • post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 
  • post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; 
  • act illegally or unethically; or 
  • collect or store personal data about other users. 

You are solely responsible for the content of your computer and any transmissions you make when using the Creators Club. 

Posts on any part of the Creators Club may be edited, moved, deleted, or removed at SynergyXR’s discretion. SynergyXR reserves the right to temporarily or permanently withdraw your Creators Club membership at its discretion. 

SynergyXR does not make any warranty or guarantee that any information posted on any part of the Creators Club, whether or not such posting is made by an SynergyXR employee, is accurate, complete, or in any way reliable. Creators Club posts represent the statements and opinions of the individual user and are not necessarily the opinion of SynergyXR or its employees, partners, or affiliates. SynergyXR does not approve or disapprove of any Creators Club post. 

Limitation of Liability/Indemnity/Disclaimer of Warranties 

THE CREATORS CLUB AND ALL INFORMATION, COMMENTARY, SERVICES, AND DOCUMENTATION PROVIDED IN CONNECTION WITH ANY PART OF THE CREATORS CLUB ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 

SynergyXR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PART OF THE CREATORS CLUB OR THE RELIANCE ON ANY INFORMATION CONTAINED ON ANY PART OF THE CREATORS CLUB. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SynergyXR BE LIABLE FOR DAMAGES RESULTING FROM USE OF ANY PART OF THE CREATORS CLUB, OR RELIANCE ON THE INFORMATION PRESENTED IN ANY PART OF THE CREATORS CLUB OR IN CONNECTION WITH ANY PART OF THE CREATORS CLUB, EVEN IF SynergyXR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

ALL DISCLAIMERS AND LIMITATIONS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS. 

SynergyXR does not offer formal customer support on the Creators Club. Any commentary by SynergyXR employees or representatives on the Creators Club should not be seen as a replacement for official SynergyXR support procedures. You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any SynergyXR employee. SynergyXR’s provision of the Creators Club should in no way be construed as endorsement or approval of any third-party product, service, comment, position, or information that may be mentioned or referred to therein or any of the comments or posts made by any user. 

You agree to indemnify, defend and hold harmless SynergyXR and its officers, directors, employees, owners, information providers, agents, partners, affiliates, licensees, licensors from and against any and all liabilities, demands, claims, costs, including reasonable attorneys’ fees, incurred by the indemnified parties in connection with any demand, claim, action, suit, or loss due to or arising as a result of any breach by you of these Terms or claims arising from your account or arising out of content you submit, post, transmit, or make available through the Creators Club, your use of the Creators Club, your connection to the Creators Club, your violation of any agreement with SynergyXR, or your violation of any rights of any third party. You agree to use your best efforts to cooperate with SynergyXR in the defense of any demand, claim, action, or suit. SynergyXR reserves the right to assume the exclusive defense of any matter subject to indemnification by you at its own expense. 

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify SynergyXR of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. SynergyXR cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password and account.