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Terms of Service

These terms of service ("Terms", "Agreement") are an agreement between ProSync ("ProSync", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms between Everest Technology Ventures, LLC and yourself for the use of the ProSync website and application and any of its products or services (collectively, “ProSync”, “Website”, “App" or "Services").  You should read these Terms carefully before using the products or services.  Use of ProSync beyond viewing the home page and these terms acts as an electronic signature to these terms of service as well as our Privacy Policy, which are incorporated herein by reference.

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ProSync Community

ProSync strives to support a positive community with a culture of sharing, coaching, help, support and respect.  We provide advanced tools and information to help you get better and a supportive community to help you become your best and stay your best.

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Things to do:

  • Upload videos and create overlays that will help you or others become and stay better.

  • Provide accurate information to help others identify content.   

  • Link to your videos uploaded on other sites if you prefer as allowed by those sites.

  • Share your findings and provide your constructive input, ideas, respectful criticism, and tips to the community.    

  • Let us know if there is something that needs to be fixed, any inappropriate content, or if you have ideas of how to provide a better service.

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Things to avoid:

  • Don’t upload videos that violate copyright protection laws.

  • Don’t upload videos of private individuals without their permission.

  • Don’t upload any videos or provide any information or comments that may be considered inappropriate by members of an audience of 13 years old and up.  Don’t upload content that is illegal.

  • Don’t imbed advertising or other messages into videos

  • Don’t use names of public figures, unless they are accurate

 

Accounts and Membership

You cannot upload videos and provide comments without an account.  If you create an account, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Please ensure your username does not resemble your identity in any way, unless you would like to be identified. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

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Age Requirements

ProSync account membership is limited to those 13 years old or older.  Children under 13 should use ProSync with parental supervision.    If you are located in the European Union, then you must be 16 years old or older.  Users should not provide Content with personal information for people under these age requirements.  If you are not the age of majority where you live, a parent or legal guardian must accept this agreement on your behalf prior to using ProSync.

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User Content

We do not own any data, information or material ("Content") that you submit in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content including Overlays generated from the Content.  You warrant to us that you have sufficient rights over your Content and you do not infringe on other’s rights.  We may, but have no obligation to, monitor and review Content submitted or created using our Services by you.  You grant us a royalty-free, non-exclusive, perpetual worldwide license to this content, which includes the use of Overlays by other users who may share or distribute this Content.  Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

 

If you copy or download Content from others, you shall not claim rights to this material, but may use for non-commercial purposes or if it meets requirements for fair use.  Additionally, ProSync make no claims about this Content and shall be held harmless should it be found to infringe.

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In accordance with the Digital Millennium Copyright Act (DMCA), if you own a copyright or represent an owner and believe that Content infringes on copyrighted material or if you believe Content violates a trademark, you can send a notice of alleged infringement to legal@ProSync.app.  You should include a description of the Content that you believe infringes, the ID number from the details page, a statement of your ownership and belief that the Content infringes, and a valid signature (scanned or electronic).  Use the same process for any claimed infringements (e.g., trademark).  

 

If Content that you posted was removed per DMCA and you believe that it does not infringe, you have authorization, or the Content falls within fair use, you may send a counter notice to the same e-mail above.

 

Video Upload and Overlay Creation

Users may upload video of themselves or others, in accordance with these Terms, for viewing by others and may be used for Overlay Creation. Uploaded videos request a name, height, weight and birth year of the subject of the video to help users identify models for their use.  Do not provide this personal identifying information for private individuals without their permission.  Do not provide personal identifying information for yourself, unless you wish to be identified.  You may use an alias or anonymous/fake name to protect privacy and are not required to enter other information.  Do not use names of public figures for private individuals, as this may be misleading to others.  We reserve the right to change names to make those names available for public figures.   If you wish to upload a video of your child, please do not include any of this personal information, as we do not collect or store personal information of children under 13 (and 16 in the European Union). We reserve the right to modify, update, or delete original videos and Overlays at any time for any reason.  Periodically, we may reprocess or otherwise update Overlays that users have created.  Such updates are expected to increase the quality of Overlays, but may not do so in all cases.  In such a case, you can contact us to request that a previous Overlay be recovered, and on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore your data.  As better Overlay creation benefits the community, we reserve the right to use Content to help us improve our Overlay creation technology without limitation.     

 

You explicitly grant and license to us the ability to use any uploaded videos and Overlays for technology improvements.

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Backups/Storing Content

We are not responsible for Content residing in the App.  We have the right to delete any Content for any reason.  In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

 

Links to other applications

Although we may link to other applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any application which you access through a link. Your linking to any other off-site applications is at your own risk.

 

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the App, Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related application for violating any of the prohibited uses.

 

ProSync has no obligation to monitor the communication services. However, ProSync reserves the right to review materials posted to the App or Website and to remove any materials in its sole discretion. ProSync reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

 

ProSync reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ProSync's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any communication service. ProSync does not control or endorse the content, messages or information found in any communication service and, therefore, ProSync specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Users and hosts are not authorized ProSync spokespersons, and their views do not necessarily reflect those of ProSync.

 

Intellectual property rights

Unless otherwise noted all materials, including images, illustrations, designs, coding, software, icons, photographs, sounds, video clips, written, and other materials that appear as part of the Services are copyrights, patents, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by ProSync. The Services as a whole are protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by ProSync.

 

The material and content accessible from this App, Website, and any other website or mobile application owned, operated, licensed, or otherwise controlled by ProSync is the proprietary information of ProSync or the party that provided or licensed the content to ProSync, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of ProSync. Modification or use of the content except as expressly provided in these Terms violates ProSync’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website or App.

Content License. As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain content (“Your Materials”). We may also post or use a photograph or video of your likeness as a function of the Services (“Your Image”). By making available any of Your Materials on or through the Services or if we make available Your Image on or through the Services, you (i) hereby grant to ProSync the right to use Your Materials and Your Image as necessary to provide the Services, promote the Services and improve the Services, and (ii) waive any and all moral rights that you may have in and to Your Materials and Your Image with respect to these uses. ProSync does not claim any ownership rights in any of Your Materials and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. If you do not want to grant us permission to use Your Material or Your Image in accordance with these Terms, please do not post, upload, publish, submit or transmit Your Materials or Your Image.

 

Copyright Policy. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to ProSync the rights in Your Materials, as contemplated under these Terms; and (2) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or ProSync’s use of Your Materials or Your Image (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Disclaimer of Warranties; Limitation of liability

You expressly agree that use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. ProSync expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.

 

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ProSync OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

 

You understand that we cannot and do not guarantee or warrant that any aspect of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App and Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY PRODUCTS OR SERVICES LINKED TO THEM.
 

Indemnification

You agree to indemnify and hold ProSync and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the App, Website, or Services or any willful misconduct on your part.

Geographical Use

 

Although this App may be accessible worldwide, we make no representation that materials on this App are appropriate or available for use in locations outside the United States of America. We make no claims that the App is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

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Dispute resolution

Any controversy or claim arising out of, or relating to, these Terms or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Contra Costa County Court. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.

 

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and ProSync in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ProSync WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

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Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

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Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the App, Website or Services at any time, effective upon posting of an updated version of this Agreement. When we do, we will revise the updated date at the bottom of this page. Continued use of the App after any such changes shall constitute your consent to such changes.

 

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the App, Website, or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the App, Website and its Services.

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Contacting us

If you have any questions about this Agreement, please contact us.  contact@ProSync.app

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This document was last updated on January 21, 2022.  Policy Effective November 1, 2019.

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