Question 1

Linking

Accepted Answer

This website contains links to other websites and resources and is provided for convenience only. HyperSync has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by HyperSync of the website or their entities, products or services.

Question 2

Rules of Conduct

Accepted Answer

Your use of this website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. HyperSync reserves the right to seek damages from any such person to the fullest extent permitted by law.
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In addition, you agree not to post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website by “hacking”, “cracking”, “spoofing”, or defacing any portions of this website.
You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with HyperSync and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.

Question 3

Monitoring

Accepted Answer

HyperSync has the right, but not the obligation, to monitor the content of this website, to determine compliance with these Terms of Use and any other operating rules established by HyperSync. HyperSync has the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use or is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website. You acknowledge and agree, that HyperSync does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.

Question 4

Rights in Content

Accepted Answer

By displaying, publishing and making available for download and use by others any content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (“Content”) you give HyperSync a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the website. You agree that this license includes a right for HyperSync to make such Content available to other companies, organizations or individuals with whom HyperSync has relationships for the provision of services, and to use such Content relating to those services. You understand that HyperSync may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit HyperSync to take these actions. You confirm and warrant to HyperSync that you have all the rights, power and authority necessary to grant the above license.

Question 5

Indemnification

Accepted Answer

Any person or corporation submitting content to this website agrees to defend, indemnify and hold HyperSync and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by HyperSync prior to publishing on the website.

Question 6

Disclaimer

Accepted Answer

This website and all content, materials, information, software, products and services are provided on an “as is” and “as available” basis. Your use of this website is at your own risk. Hypersync makes no warranties or representations, express or implied, as to the functionality or usefulness of this website or any content. Hypersync disclaims all warranties, express or implied, including without limitation warranties of merchantability and fitness for a purpose. Hypersync disclaims liability for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, or lost profits, that may result, directly or indirectly, from your use of this website or any content, including without limitation any damage to computer systems, hardware or software, loss of data, or any other performance failures, or any errors, bugs, viruses or other defects that result from or are associated with use of this website or any content. Hypersync makes no warranty that, (i) the service will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the service will be accurate or reliable, (iii) the quality of any products, services, content, information, or other materials purchased or obtained by you through the service will meet your expectations, (iv) any errors in the software will be corrected, or that this website, its content, and the server on which the website and content are available are free of viruses or other harmful components. Any material (including content) downloaded or obtained using this website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material. Information created by third parties that you may access on this website or through links is not adopted or endorsed by hypersync and remains the responsibility of the third party.
Hypersync makes no warranty that, (i) the service will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the service will be accurate or reliable, (iii) the quality of any products, services, information, or other materials purchased or obtained by you through the service will meet your expectations, (iv) any errors in the software will be corrected, or that this website, its content, and the server on which the website and content are available are free of viruses or other harmful components.
Any material downloaded or obtained using this website is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any material.
Information created by third parties that you may access on this website or through links is not adopted or endorsed by hypersync and remains the responsibility of the third party.

Question 7

​Limitation of Liability

Accepted Answer

To the fullest extent permitted by law, hypersync is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website, even if hypersync has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the website; ( c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions, or (d) content or information you may download, use, modify or distribute. To the extent any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply. Hypersync does not exclude or limit liability for death or personal injury caused by its negligence or for liability resulting from its gross negligence or wilful misconduct or fraud.

Question 8

Jurisdiction

Accepted Answer

This agreement and all claims relating to the relationship between the parties are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts.

Question 9

Severability

Accepted Answer

If one or more of the provisions contained in these Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

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