An Example Terms of Service Babble Speak
Please read these Terms of Service (the “Terms”) carefully, because they are a contract between you and Synthetic Reality (“Synthetic Reality,” “our,” or “we”) governing the use of Synthetic Reality’s website, located at https://SyntheticReality.net (the “Site”), and Synthetic Reality’s mobile and desktop applications and extensions (the “Apps”) through which users may upload images to be shared on Facebook or through which users may view such images shared on Facebook. To make these Terms easier to read, our Site, our App and the associated services we provide are collectively called the “Services.” Collectively the contents of this document are called the “Terms.”
As you should know, Facebook has certain Terms of Service that are associated with your use of the Facebook website and applications. Nothing in these Terms shall be construed to contravene any provision of Facebook's "Terms of Service".
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services.
App License and Other Terms
Changes to Terms or Services
You may use the Services only if you are 13 years of age or older and are not barred from using the Services under applicable law. If you are under 18, you must obtain permission from a parent or legal guardian before using our Services. Children under the age of 13 are strictly prohibited from using the Services. By using the Services, you represent and warrant to Synthetic Reality that you have all requisite power and authority to enter into and comply with these Terms.
If you want to use certain elements of the Services, you’ll have to create an account (“Account”) by linking your valid account on Facebook through which you have connected to the Services, by allowing Synthetic Reality to access your Facebook Account, as is permitted under the applicable terms and conditions that govern your use of your Facebook Account. You represent that you are entitled to disclose your Facebook Account login information to Synthetic Reality and/or grant Synthetic Reality access to your Facebook Account (including, but not limited to, for use for the purposes described herein). You’re responsible for all activities that occur under your Account, whether or not you know about them. Please note that if your Facebook Account becomes unavailable or Synthetic Reality's access to such Facebook Account is terminated by Facebook, then the content associated with your Facebook Account may no longer be available on and through the Services.
Content & Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including without limitation the JPEGs that are the primary elements of content available through the Services and any metadata, tags or labels associated with such JPEGs; and (ii) “User Content” means any Content that Account holders (including you) provide to us, whether in your Account profile or to be made available through the Services. Content includes without limitation User Content provided by other Account holders.
Ownership, Responsibility & Removal
Synthetic Reality does not claim any ownership rights in any User Content that you make available through the Services, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Synthetic Reality and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights, and reserves all rights not expressly granted herein. You acknowledge that the Services are, and Content may be, protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in CONTENT granted by you
Publishing License Grant. By uploading any User Content to, or storing any User Content in, the published Content library provided as part of the Services as hosted by Synthetic Reality, including by associating a hashtag with such User Content or creating a published collection of User Content stored on the Services, you automatically hereby grant Synthetic Reality a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully paid right and license (with the right to sublicense to any number of tiers) to publicly perform, display, reformat, translate, publish, transmit and distribute such User Content for any purpose in connection with Synthetic Reality’s business, including without limitation in connection with the distribution, performance and display of such User Content by third parties within their own websites or services. Once you have uploaded User Content to, or stored User Content in, the published Content library provided as part of the Services as hosted by Synthetic Reality, you may not be able to delete that User Content from the Services.
Note well that you are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Synthetic Reality on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in CONTENT granted by Synthetic Reality
Subject to your compliance with these Terms, Synthetic Reality grants you a personal, limited, non-exclusive, non-transferable and revocable license to view Content through the Apps and the Site, and to use the Services to transmit a copy of the Content to other recipients, solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights in SERVICES granted by Synthetic Reality
Subject to your compliance with these Terms, Synthetic Reality grants you a limited non-exclusive, non-transferable license to use the Services solely for your own personal non-commercial purposes. Synthetic Reality reserves all rights in and to the Services not expressly granted to you under these Terms.
Your access to and use of the Content and/or Services is at your own risk. Although the Content and Services enable users to connect, interact and share information and content with one another, Synthetic Reality is not responsible for controlling or monitoring any User Content. Synthetic Reality does not control user interactions, communications, exchanges, meetings or other user conduct ("User Conduct"). Some people may find some Content or User Conduct objectionable, inappropriate or offensive. If Synthetic Reality chooses, at any time in its sole discretion, to monitor (in whole or in part) User Content or User Conduct, Synthetic Reality nonetheless assumes no responsibility for User Content or User Conduct, no obligation to modify or remove any Content and no responsibility for User Conduct during use of, or as a result of access to or use of, the Site, Content or Services.
You agree not to upload any of the following kinds of content:
- Depictions of sexual activity, including
- Sexual intercourse,
- Explicit sexual intercourse, defined as mouth or genitals entering or in contact with another person's genitals or anus, where at least one person's genitals are nude,
- Implied sexual intercourse, defined as mouth or genitals entering or in contact with another person's genitals or anus, even when the contact is not directly visible, except in cases of a sexual health context, advertisements, and recognized fictional images or with indicators of fiction,
- Implied stimulation of genitalia/anus, defined as stimulating genitalia/anus or inserting objects into genitalia/anus, even when the activity is not directly visible, except in cases of sexual health context, advertisements, and recognized fictional images or with indicators of fiction.
- Depictions of other sexual activities including (but not limited to)
- Presence of by-products of sexual activity,
- Stimulating genitals or anus, even if above or under clothing,
- Use of sex toys, even if above or under clothing.
- Fetish content that involves
- Acts that are likely to lead to the death of a person or animal,
- Feces, urine, spit, snot, menstruation, or vomit.
- Digital content that meets our definition of sexual activity unless any of the following conditions exist:
- Content where the sexual activity (intercourse or other sexual activities) is not directly visible, or
- Content was posted in a satirical or humorous context, or
- Content was posted in an educational or scientific context, or
- Imagery is not sufficiently detailed and only body shapes or contours are visible.
- Sexually explicit language, defined as description that goes beyond mere mention of:
- A state of sexual arousal, or
- An act of sexual intercourse or sexual activity, unless posted in an attempt at humor or satire, or is educational in nature.
- Encourage or enable any other individual to do any of the foregoing.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene or pornographic; (v) promotes or constitutes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; (viii) contains personal or contact information about any other person without their prior authorization; or (ix) violates any content policies Synthetic Reality has posted for the Services.
- Use, display, mirror or frame the Services, or any individual element within the Services, Synthetic Reality’s name, any Synthetic Reality trademark, logo or other proprietary information or the trademark, logo or other proprietary information of any other party displayed within the Service, or the layout and design of any page or form contained on a page, without Synthetic Reality’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Synthetic Reality’s computer systems, or the technical delivery systems of Synthetic Reality’s providers;
- Attempt to probe, scan, or test the vulnerability of any Synthetic Reality system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Synthetic Reality or any of Synthetic Reality’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Synthetic Reality or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Synthetic Reality trademark, logo, URL or product name without Synthetic Reality’s express written consent;
- Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services or App from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, or utilize the Services on behalf of any other person or entity without prior authorization from both that person or entity and Synthetic Reality;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. You agree to cooperate fully with Synthetic Reality in any such investigation. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services and App may contain links to Facebook websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Facebook websites or resources.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Limitation of Liability
NEITHER Synthetic Reality NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Synthetic Reality HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL Synthetic Reality’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Synthetic Reality FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Synthetic Reality, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Synthetic Reality AND YOU.
Dispute Resolution - Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. Any action or proceeding arising from or relating to this Agreement must be brought in a federal court in the Northern District of Georgia, or in a state court in Dekalb County, Georgia, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
You will indemnify and hold harmless Synthetic Reality and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content in violation of any applicable law, regulation or any third party agreement or policies; (ii) your User Content; or (iii) your violation of these Terms.
Term and Termination
These Terms will remain in effect until terminated.
Synthetic Reality may immediately terminate these Terms, or cancel in whole or in part, Content or Services, for any reason at any time. Synthetic Reality is not required to provide you notice prior to terminating your access to or use of the Content or Services.
Upon termination of these Terms, your right to access or use the Content or Services will automatically terminate, and you will promptly destroy all copies of the App and Synthetic Reality Content in your possession or control. In the event of termination, your Account will be disabled and you may not be granted access to your Account or any files or other content contained in your Account. All provisions of these Terms which by their nature should reasonably survive termination hereof shall survive.
These Terms constitute the entire and exclusive understanding and agreement between Synthetic Reality and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Synthetic Reality and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Synthetic Reality’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Synthetic Reality may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You and Synthetic Reality are independent contractors, and neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.
Synthetic Reality shall have no liability for any failure or delay in the performance of its obligations caused by events beyond its reasonable control.
Any notices or other communications provided by Synthetic Reality under these Terms, including those regarding modifications to these Terms, will be given by Synthetic Reality via posting on our Site. The date of receipt will be deemed the date on which such notice is posted.
Synthetic Reality’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Synthetic Reality. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact Synthetic Reality by Email: support@IsoBlock.com
Synthetic Reality COPYRIGHT POLICY
DMCA Notice of Alleged Infringement (“Notice”) & DMCA/Copyright Policy
Synthetic Reality respects copyright law and expects its users to do the same. It is Synthetic Reality’s policy to terminate in appropriate circumstances Account holders or subscribers who repeatedly infringe the rights of copyright holders. In accordance with the Digital Millennium Copyright Act of 1998, Synthetic Reality will respond expeditiously to claims of copyright infringement committed using the Services that are reported to Synthetic Reality’s designated Copyright Agent, identified below. If you are a copyright owner, or authorized to act on behalf of one, please report alleged copyright infringement by contacting our Copyright Agent and including the following:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on or through the Service(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Synthetic Reality’s Designated Copyright Agent: