Welcome to Synthase!
We’re excited you’ve chosen Synthase to take your music further. We want you to love the experience, so please read these terms carefully, and contact us at firstname.lastname@example.org with any questions about these terms, issues with our services, or other comments. The following document is designed to explain our guidelines and respective responsibilities.
By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms. We reserve the right to add, delete and/or modify any of the terms and conditions contained in these Terms, at any time, with notice provided to the email address provided for your Synthase account. Your continued use of Synthase, its site, and its Services following posting of a change notice or new Terms will constitute your binding acceptance of the changes.
- Permitted Users; Registration
You may use our Services only if you can form a binding contract with Synthase, and only in compliance with these Terms and all applicable laws. When you create your Synthase account (“Your Account”), and when you use certain features, you must provide us with accurate and complete information. You agree to update your information related to Your Account to keep it accurate and complete. Only you are permitted to use Your Account. You may not share Your Account username and password with any other person nor with multiple users on a network. You are solely responsible for maintaining the security of your password, and you will promptly notify us if you suspect Your Account or password has been compromised.
Students and instructors must be at least 18 years of age to create an account on Synthase and/or use the Services.
Respecting the Children’s Online Privacy Protection Act, if you are younger than 18 but above the required age for consent to use online services where you live (age 13 in the U.S. or age 16 in Ireland, for example) you must have a parent or guardian set up an account and remain present with you while using Synthase. If you are below this age of consent to use online services, you may not create a Synthase account. If we discover that you have created an account that violates these rules, we will terminate your account, and you must no longer access the site or use the Services.
2. Limited License to User
You may not (or allow anyone else to) engage in any of the following when using the Synthase Content or Services (the “Usage Restrictions”):
(a) access or use the Services or Synthase Content: (i) in any manner that infringes upon or violates third-party intellectual property rights or rights of privacy or publicity; (ii) in violation of any law, rule, or regulation applicable to the Services or Synthase Content, including any data protection laws (“Data Laws“), including GDPR and the California Consumer Privacy Act, as applicable, (iii) any manner that is reasonably likely to damage, disable, overload, or impair the Services or Synthase Content, interfere with any third party’s use and enjoyment of the Services or Synthase Content, or in any manner that Synthase in its sole discretion deems excessive or abusive;
(b) (i) copy, disclose, reproduce, broadcast, sell or re-sell, lease, redistribute, publish, distribute, prepare derivative works of, perform, publicly display, modify, combine with other products or services, or otherwise exploit the Services or Synthase Content, (ii) download Content that is not made available for download by Synthase, (iii) permit any non-user third party to view, access, or use the Services or Synthase Content.
Synthase reserves the right to interrupt, modify, reschedule, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. The Services and Synthase Content are made available are subject to the Disclaimers and Limitation of Liability sections below. You agree that Synthase will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or Synthase Content, or any portion thereof.
3. User Content
When using any feature which permits you to post user-generated materials, works, or content of any type to the Services or to interact with other users (collectively, “User Content”), you must only act in compliance with our Community Standards [link]. We have the right, but not the obligation, to monitor the website and Services (including by automated means) determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation, or authorized government request. Any decision by Synthase to monitor and/or take actions with respect to User Content does not constitute any responsibility or liability on our part in connection with or arising from your use of the areas containing User Content of you or a third party. Synthase reserves the right to investigate and take appropriate legal action against anyone who, in Synthase’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Services, suspending or terminating the account of such violators and reporting you to law enforcement authorities.
We have no obligation to retain any of Your Account information or User Content for any period of time beyond what may be required by applicable law.
4. Privacy and Security
We care about the security of our users. While we work to protect the security of your account and related information, Synthase cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing email@example.com.
When you interact directly with any other person on the site, you must be careful about the types of personal information that you share. We do not control what other Synthase users do with the information they obtain from other users on the platform. For your safety, do not share your personal information with third parties on the Synthase site.
5. Third Party Content
When you use our Services, you may find content provided by third parties or links to third party websites that Synthase does not own or control. Synthase cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Synthase disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third-party content. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
6. Copyright and Trademark Policy
Synthase respects the intellectual property rights of our users and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Synthase Copyright and Trademark Policy, at the end of these Terms, in accordance with applicable law, including the Digital Millennium Copyright Act.
7. Payment and Fees
Synthase offers its courses for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You agree to pay the fees for Content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. We may update your payment methods using information provided by our payment service providers.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Content for which we have not received adequate payment.
8. Refund Policy
If you cancel your paid enrollment for a standalone course, Synthase will offer you a complete refund until 30 days after payment.
Synthase will not provide a refund to any user who has violated any section of these Terms.
9. Termination or Cancellation of Services
Synthase is constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, Synthase may terminate your use of any Services for any reason. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. Synthase shall have no liability to you for any such action, but in some circumstances a refund may be available under our Refund Policy in Section 8 of these Terms.
Synthase may, without prior notice to you, suspend, deactivate, delete, or terminate Your Account (or any part thereof) or use of the Services and remove and discard all information or User Content within the Services and/or bar any further access to such files or the Services, for any reason, including, without limitation, if Synthase believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Services may be referred to appropriate law enforcement authorities and no refund will be given. You agree that Synthase will not be liable to you or any third party for any termination of your access to the Services.
THE SERVICES AND ALL SYNTHASE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNTHASE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SYNTHASE FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED IN ANY WAY TO YOUR ACCESS OR USE OF THE SERVICES OR ANY SYNTHASE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SYNTHASE CONTENT IS AT YOUR OWN RISK.
SYNTHASE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO, DEPENDING ON WHERE YOU RESIDE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYNTHASE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SYNTHASE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, IN ANY WAY REALTED TO: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN SYNTHASE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT SHALL SYNTHASE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT OF FEES RECEIVED BY SYNTHASE FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SYNTHASE, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO SYNTHASE’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
NOTHING IN THIS SECTION WILL EXCLUDE OR LIMIT SYNTHASE’S LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You agree to indemnify, defend, and hold harmless Synthase from and against any third-party claims, losses, liabilities, costs, expenses, and damages (actual or consequential), including reasonable attorneys’ fees and costs, of every kind and nature, arising out of, resulting from, or in any way related to your use of the Synthase site(s), Services, or Synthase Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
13. Governing Law and Venue
These Terms are governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes, you and Synthase agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
14. Export Controls
Even though the site(s), Services, and Synthase Content may be available worldwide, some or all of the Services may be subject to United States export controls. As a result, you may not access or use (or permit anyone else to access or use) the Services if you or they: (a) reside in or seek to access the Services from a country that is the target of a comprehensive trade embargo by the U.S. government (as of June 1, 2021, this list includes presently, Cuba, Iran, North Korea, Republic of the Sudan, Syria, or the Crimea region of Ukraine); or (b) are an individual subject to U.S. Trade Controls, including being identified on a U.S. government restricted parties list, such as the U.S. Department of Treasury’s Specially Designated Nationals and Blocked Persons List, the Department of State’s Nonproliferation Sanctions List, or the Department of Commerce’s Denied Persons List.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
The following sections shall survive the expiration or termination of these Terms: Sections 1, 3, 7, 10, 11, 12, 14, and 15.
The failure of Synthase to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms shall remain in full force and effect.
Synthase will not be liable for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond Synthase’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, national, regional, or local emergencies, earthquakes, hackers, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fiber optic cable cuts, epidemics, interruption or failure of telecommunications or digital transmission links, internet failures or delays, storms or other similar event.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Copyright and Trademark Policy
Synthase respects intellectual property rights of our content providers, instructors, users, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The DMCA is available at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Synthase platform infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
- the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the platform are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Synthase to locate the material on the platform;
- the name, address, telephone number, and email address (if available) of the complaining party;
- 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; and
- 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.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
- via mail: Synthase, 1043 Garland Ave., Unit C-712, San Jose, CA
- via email: firstname.lastname@example.org
We suggest that you consult your legal advisor before filing a notice. There can be penalties for false claims under the DMCA.
Synthase also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark, persona, or likeness may be updated, suspended, disabled, or terminated by Synthase in its sole discretion. If you are concerned that someone may be using your trademark without proper permission on our Services, please email us at email@example.com and we will review your submission. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.