IMPORTANT- READ CAREFULLY: By using The Sync Project website, mobile application and services (collectively, the " Sync Services"), you agree to these End User Terms and Conditions (this " Agreement") governing your use of the Sync Services made available by Bose Corporation (" Bose"). If you do not agree with these terms and conditions, you may not use the Sync Services.
Sync End User Terms and Conditions
Your use of the Sync Services is subject to the below terms and conditions of this Agreement
1. Sync Services
Subject to your compliance with all of the terms of this Agreement, Bose hereby grants you a limited, revocable, non-exclusive, and non-transferable access to and use of the Sync Services. All rights that are not expressly granted to you in this Agreement are retained by Bose and its licensors. Bose reserves the right to discontinue the Sync Services provided to you or made available to you, in whole or in part, at any time for any or no reason, in which case you may not be able to use and access the Sync Services thereafter.
2. Playing Music from Music Services using the Sync Services; Connecting Third Party Sensors to the Sync Services
Bose may make the Sync Services interoperable with certain supported third party music streaming services (each a "Music Service") as described in this Section 2. The specific Music Services that are supported by the Sync Services (if any) may change from time to time. If you are separately subscribed to a supported Music Service, then using the Sync Service’s interface you may be able to instruct the Sync Services to cause music to be played via the Music Services using your Music Service account and login information that you have entered into the Sync Service.
You understand and acknowledge that any such use of a Music Service (regardless whether through your use of the Sync Services or its interface) is subject to the terms and conditions of your agreement with the Music Service. Without limiting the foregoing, this means that unless expressly allowed by the terms of your agreement with the applicable Music Service, you may not record, rebroadcast, publicly display, or distribute the music or recordings being played or streamed from the Music Service.
To the extent you have agreed to pay the Music Service under the terms of your agreement with the Music Service for the streaming or playing of certain music or other content, you understand and acknowledge that you shall be responsible for payment of all Music Service charges and fees to the Music Service provider that are incurred through your use of the Music Service via the Sync Services.
Bose may from time to time make the Sync Service interoperable with certain third party social media websites and services so that you may elect to share information regarding your Sync Service related activities with your friends and contacts via social media (which if you elect to do, you do so under the terms of the agreement you have with the applicable social media provider). The specific social media websites and services supported (if any) may change from time to time.
3. Restrictions on Use
You shall not, and shall not permit any third party, to (i) access the Sync Services or the Sync Services’ website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Sync Services, including their ability to engage in real time activities through the website; (ii) use any robot, spider or other automatic device, process or means to access the Sync Services or its website for any purpose, including monitoring or copying any of the material on the Sync Services or its website; (iii) use any manual process to monitor or copy any of the material on the Sync Services’ website or for any other unauthorized purpose without our prior written consent; (iv) use any device, software or routine that interferes with the proper working of the Sync Services or its website, or introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Sync Services or its website, the server on which the website is stored or on which the Sync Services are hosted, or any server, computer or database connected to the Sync Services or its website; (vi) copy or create any derivative work of the Sync Services; (vii) attempt to reverse engineer the Sync Services, in whole or in part; (viii) use the Sync Services for any commercial purpose; or (ix) provide any third person with access or use of your username or password for the Sync Services or login into the Sync Services using a username and password issued to another person.
4. Ownership and Proprietary Rights
Bose and its licensors are the sole owners of the Sync Services, the website on which it is made available, and the software used by Bose to provide the Sync Services and of all right, title and interest therein, including, but not limited to, all copyright, trade secret, patent, trademark and other intellectual property rights therein and thereto, and including with respect to the software code, graphics, characters, and audiovisual elements that comprise or are displayed by the Sync Services.
If the functionality of the Sync Services, including in future updates, allows you to create content, then to the extent that your contributions through use of the Sync Services give rise to any copyright, you hereby grant Bose an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions, and, to the extent not prohibited by applicable law, you waive any moral rights with respect to Bose’s and other users’ use and enjoyment of such assets in connection with the Sync Services and related goods and services under applicable law. This license grant to Bose, and the above waiver of any applicable moral rights, survives any termination of your access to the Sync Services or this Agreement.
You represent and warrant to Bose that: (i) when with the Sync Services you have provided, and will continue to provide, information that is correct and current; (ii) your performance under this Agreement and use of the Sync Services will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; (iii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (iv) that you are not listed on any U.S. Government list of prohibited or restricted parties.
5. Information Collected by Bose and Privacy
6. Disclaimer of Representations and Warranties; Limitation of Liability
The Sync Services is provided "as is" and with all faults, and Bose makes no representation or warranty with respect to the performance or function of the Sync Services or with respect to benefits you may attain from use of the Sync Services. Bose, to the full extent permitted by applicable law (some jurisdictions limit disclaimers of consumer warranties), hereby disclaims any and all representations and warranties, express or implied, by operation of law or otherwise, regarding or relating to the Sync Services or any benefits you may attain from use of the Sync Services, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, or of reliability or availability or that the Sync Services will be uninterrupted or error free or that it will be interoperable with any Music Service or Sensor. Bose makes no guaranty or warranty that your use of the Sync Services will correctly or accurately identify music or types of music that improve your health, or provide you any other similar benefits. Bose expressly disclaims any warranties with respect to performance or operability of any Music Services or Sensors.
To the maximum extent permitted by applicable law, Bose and its suppliers and licensors will not be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages resulting from your use, misuse or possession of the Sync Services, including from the malfunction of or inability to use the Sync Services including, but not limited to, damages to property, computer failure, loss of revenue, profits or goodwill, unauthorized access to or alteration of, or loss of or damage to, your transmissions of data or any other matter relating to the information or content contained within or accessed through the Sync Services, personal injuries from any causes of action arising out of or related to this Agreement or the Sync Services, whether resulting from breach of contract, tort or other legal liability whatsoever, even if Bose has been advised of the possibility of such damages. You remain responsible for monitoring your own health in consultation with your physician and you should not engage in activities or exercise that is not appropriate for your physical condition or not recommended by your physician.
You may not assign, sublicense, or transfer any of your licenses, rights, or obligations under this Agreement without the written consent of Bose. Bose may assign this Agreement to an affiliate or to a successor in interest to the Sync Services. Any assignment, sublicense, or transfer by you in violation of this subsection shall be void and without force or effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
The Sync Services are provided by Bose from its offices within the United States of America and Bose makes no representation that the Sync Services are appropriate or available for use in other locations. Those who choose to access the Sync Services from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable.
All questions concerning the validity, operation, interpretation, and construction of the Agreement will be governed by and determined in accordance with the substantive laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. The United National Convention for the International Sale of Goods shall not apply. Other than as necessary to enforce any final judgment, award or determination, any action brought pursuant to or in connection with this Agreement shall be brought only in the state or federal courts within the Commonwealth of Massachusetts without regard to its conflict of laws provisions and both parties hereby submit to the personal jurisdiction of the state and federal courts situated in the Commonwealth of Massachusetts and waive any objections to venue of such courts.
Any delay or failure on the part of Bose to exercise or enforce any rights under this Agreement to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Sync Services or this Agreement must be filed in an applicable tribunal within one (1) year after such claim or cause of action arose or be forever barred. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Sync Services or this Agreement will be resolved individually, without resort to any form of class action.
This Agreement is the complete and exclusive agreement between you and Bose regarding the Sync Services and it supersedes and renders null and void any and all prior agreements, understandings, representations, conditions, and other communications between Bose and you. To the extent the terms of any Bose policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, it shall be severed to the minimum extent required for the other provisions to continue in full force and effect. The Agreement may be modified by time-to-time by Bose, in whole or in part, at any time, with or without your consent. All amendments are effective immediately when Bose posts them on this or any successor website, and apply to all access to and use of the Sync Services thereafter. Your use of the Sync Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.