Please read this Agreement careflly before using the Services. By using the website https://60sinc.com/ (the "Site"), and applications, features and other content (collectively, the "Services") offered by 60Sinc, you signify your assent to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Services.The Services, owned and operated by 60Sinc, collect user and usage data to enable website and application owners to send e-mail messages efficiently to consumers based on their behavior. This Agreement applies to all users of the Services. Your use of the Services is an acknowledgment that you understand and agree to be bound by this Agreement, any fees applicable to you, any additional guidelines, 60Sinc's Privacy Policy and Anti-Spam Policy, and any future modifications of this Agreement.The Services are accessed by you ("User" or "you") under the following terms and conditions:
I. ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, 60Sinc may provide the Services, which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, the offering of any materials displayed or performed on the Site and related features (including, but not limited to text, data, software, graphics, photographs, images, illustrations, audio clips and video clips, also known as the "Content"). 60Sinc may change, suspend or discontinue the Services for any reason, at any time, including the availability of any feature or Content. 60Sinc may also restrict your access to parts or all of the Services without notice or liability. 60Sinc may modify this Agreement at any time by posting a notice on the Services, or by sending you a notice via e-mail or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. If at any time you do not agree to these terms and conditions, you must terminate your use of the Services. You will still remain liable for any obligations incurred or charges accrued on or before the date of termination.
You certify to 60Sinc that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this agreement, in which case the terms "you" or "your" shall refer to such entity. This Agreement is void where prohibited by law, and the right to use the Services is revoked in such jurisdictions.
60Sinc will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by 60Sinc to minimize such disruption where it is within 60Sinc's reasonable control. 60Sinc will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the Services, your Customer Data or Results (as defined herein) or other content.
MERCHANTS
Account Limits; Availability of Funds. Your Account may be subject to certain limits, which may affect your ability to make or receive payments or to withdraw funds. Any limits may be modified at any time. These limits may be affected by several factors, including without limitation our assessment of the risk associated with your Account, the amount of pending or potential Chargebacks we incurred, the information you provide, our ability to verify your account information, and requirements of law. In addition to account limits, we may restrict transactions to or from your Account or limit access to funds in your Account in an amount and for a period of time we deem necessary to protect us or other users including without limitation if (a) we are subject to financial risk, (b) you have violated any term of this Agreement, (c) we have pending Chargebacks or we believe we may have Chargebacks caused by our or our buyers’ purchase of your goods or services, (d) any dispute exists involving your Account or transaction conducted in connection with your Account, (e) needed to protect the security of our systems, or (f) required by law or court order or if otherwise requested by law enforcement or any governmental entity. We may inspect your Account for any reason.
Buyer Dispute Program. When you sell goods or services to us or our buyers, you will cooperate with us to resolve complaints submitted through our Buyer Dispute Program. You will respond to our inquiries and deliver to us any information requested by us regarding any disputed sales transactions within 5 business days of our request. If we make or receive a claim in respect of sale of physical goods (or any substantially consistent offer) concerning one of your transactions, you will deliver to us within 5 business days with respect to the transaction: (a) proof of delivery of the goods, (b) the transaction identification number, (c) a description of the goods, (d) a copy of the receipt provided to the buyer, and (e) any other information or documents related to the transaction that we reasonably request, including without limitation evidence that the transaction was authorized. If the claim is not caused by Card (described below) fraud for which we are responsible under the specific account terms that apply to the accounts available through the Service or our failure to make the applicable transaction information available as it was received by us, or if you fail to comply with the immediately preceding sentence, then you owe us the amount of our or our customer purchase (including without limitation the purchase price, all associated shipping and handling charges and all taxes) and all Network (described below), bank or other payment processing, re-presentment and other fees associated with the original purchase and any Chargeback or refund. If you are involved in a dispute with our buyer or another user involving the sale of physical goods, you release us (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) in any way connected with the dispute and the transaction.
Chargebacks. The amount of a transaction may be charged back or reversed to your Account (a “Chargeback”) if the transaction (a) is disputed by the sender or us, (b) is reversed for any reason, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. You owe us and will immediately pay us the amount of any Chargeback and any associated fees, fines, or penalties listed in the Fee Schedule or assessed by our Processor, processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies (“Networks”). You agree to assist us when requested, at your expense, to investigate any of your transactions with us or our buyers processed through the Service. For Chargebacks associated with Cards not initiated by us, we will work with you to contest the Chargeback with the Network or issuing banks should you choose to contest the Chargeback. We will request necessary information from you to contest the Chargeback not initiated by us. Your failure to timely assist us in investigating a transaction, including without limitation providing necessary documentation within 11 days of our request, may result in an irreversible Chargeback.
BUYERS
Our Role. Except for our limited role in processing payments that you authorize or initiate, we are not involved in any underlying transaction between you, any other user, or any service providers. We are not a bank and do not offer banking services. We may use the services of one or more third parties to provide the Service and process your transactions (each a “Processor”). We do not guarantee payment on behalf of any user.
Your Authorization. You authorize us to hold, receive and disburse funds in accordance with your payment instructions, whether provided to us directly or through a third party, and whether to us in our own capacity or in our capacity as acting on behalf of sellers of goods or services and other third parties that have appointed us as agent for the limited purpose of receiving payments. Your authorization permits us to debit or credit your Account’s balance, any credit card, debit card, or other payment cards that we accept ("Cards"), or any other payment method we accept. When you instruct us to pay a user, you authorize and order us to commit your payment (less any applicable fees or other amounts we may collect under this Agreement) to that user. We may limit the recipient's ability to use or withdraw the committed funds for a period of time we have agreed with the recipient. Your authorizations will remain in full force and effect while you maintain your Account with us and for any bank account.
Cards. You may use registered Cards to pay for goods or services. You may be required to verify that you control the Card accounts that you register prior to using the Cards for transactions or to obtain additional payment privileges. You may not use your Card to make payments to yourself or to add money to your account.
Accepting Cards. You will comply with our Card processing policies, procedures, and instructions as published on our Site or provided to you from time to time. As a condition of accepting Cards using the Service, you agree to follow all applicable rules and regulations of the Networks, as amended from time to time, that are provided to you or are generally available to the public (including merchant rules posted on usa.visa.com, www.mastercard.com, www.americanexpress.com, and www.discover.com) (“Network Rules”). We may remove or add Cards or other payment methods that we accept at any time without prior notice. Except as permitted by Network Rules or applicable law, you will not (a) establish limits below which you will not accept a Card, (b) assess a surcharge for the use of a Card in connection with any transaction, or (c) dispense cash on any Card transaction. We will only process Cards that receive an authorization from the applicable Network or Card issuer. An authorization does not guarantee that such transaction will be collectible or that the cardholder is actually authorized to use the Card or that the transaction will not be subject to Chargeback.
MERCHANTS AND BUYERS
Transaction Limits. We may delay, suspend or reject a transaction for any Account for any reason, including without limitation if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement, subject to dispute (including without limitation a dispute under our Buyer Dispute Program) or Chargeback, or otherwise unusual.
Taxes. You are responsible for determining any and all taxes and duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance of the Service, your use of the Site, the sale or purchase of any products or services for a transaction, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives (“Taxes”). You also are responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We may provide you a means for you to determine and apply taxes to your transactions, but we and our Affiliates are not obligated to determine whether taxes apply and are not responsible for calculating, collecting, reporting, or remitting any taxes to any tax authority arising from any transaction. Information about you and your transactions using the Service may be reported to the Internal Revenue Service (“IRS”) as provided in our policy on IRS Reporting Regulations on Third-Party Payment Transactions.
Indemnity. You will indemnify and hold harmless us and our Affiliates (and their respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our Policies or Network Rules, (b) your wrongful or improper use of the Service, and (c) any transaction submitted by you through the Service.
III. DMCA
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users, (2) refund orders containing infringement materials and (3) remove and discontinue service to repeat offenders.
Remember that your use of 60Sinc’s Services is at all times subject to the Terms of Use, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
A. UNDERSTANDING INTELLECTUAL PROPERTY - THE BASICS
At 60Sinc, we are very excited to support our 60Sinc merchants and to help them produce great custom products and a great experience for their buyers. In our efforts, we are also committed to protecting the rights of individuals and companies with respect to the content published on the 60Sinc service.
Third party rights are based on a range of laws and legal standards that can be confusing. Those rights are each very different from the other and are often misunderstood. We have created this guide to provide very high-level information about certain types of legal rights and to help 60Sinc merchants understand what is permissible on the service.
We have described some key rights below (trademark, copyright and right of publicity). In reality, the legal analysis for each of these rights is much more detailed and complex than our summary below. Still, we hope the information below is useful and will provide some guidance for creation of permitted products on the 60Sinc service.
1. Trademark
What is a trademark?
A trademark is a word or symbol that indicates the “origin of goods,” meaning it allows consumers to identify the company that is ultimately responsible for a particular product. It is also intended to tell consumers about the quality and desirability of the product itself, so consumers are hopefully more likely to buy it. When a consumer sees the “BMW” mark on a car, there is a lot they will assume about the engineering, comfort and enjoyment they will have driving the car. That connection between the trademark (“BMW”) and the perceived qualities of the product (luxury, power, engineering excellence) has a lot of value in the market. Companies invest a great deal of time and money in developing that association between their mark and the products, because it can have a significant impact on sales. Reputation and brand mean a lot. The value itself is something companies work hard to protect.
What are trademark rights?
The concept behind trademark rights is that the owner of the mark has the legal right to stop people from trading off of the value of the company’s brand and reputation. They can do so by stopping the use of any confusingly similar trademark. So if an unknown car company wants to use the mark “VMW” to identify their new car, BMW will be able to stop them from doing so based on the similarity of the marks themselves and the goods they are used to identify. Often trademark owners will also secure rights in other related goods that they want to sell – for example, t-shirts.
What does trademark mean for 60Sinc merchants?
60Sinc merchants are not allowed to use third party trademarks unless they have permission. 60Sinc conducts preventive reviews of all products to help ensure third party rights are not violated.
2. Copyright
Copyright protection
Copyright has existed for hundreds of years (it even predates the US Constitution). The underlying idea is to give merchants of certain works the right to control the reuse and distribution of that work (whether an exact copy or a modified version).
Copyright law says that a work has to be "original" to be protected. "Original" doesn’t mean innovative. "Original" in the legal sense means that the creator didn’t copy anyone else. Under copyright law, you are not entitled to use someone else’s work as a basis for your own. You have to originate your own works, creating them from scratch. For example, in one famous case, a photographer was found to have copied the photograph of another artist even though he used a different model and location. The details of the second photograph were so similar to the first (the look, layout and subject matter) that the court found copyright infringement.
Copyright is intended to strike a balance between freedom to be inspired and protection for those who create. For example, facts are not covered by copyright. Utilitarian works, such as instructions or recipes, are not covered. Everyone is free to use ideas and information. Copyright only extends to the unique expression of ideas, not the idea itself.
Copyright is not intended to limit sharing of ideas and does not cover the underlying idea itself. So the painter of a landscape can’t stop other people from painting landscapes. They can only stop other artists from using their specific painting as a basis for another work.
Though copyright does not cover ideas, to the extent the idea can be expressed in many different ways, each expression will be protected by copyright. But the components of expression, such as individual words and phrases or individual shapes and design elements, are not protected. The expression has to extend beyond the individual components. The simpler the design, the less protection provided by copyright.
What does it mean for 60Sinc merchants?
60Sinc merchants are not allowed to use third party copyrighted works unless they have permission.
IV. RESULTS
Unless otherwise agreed by the parties and subject to 60Sinc's rights set forth in this Section 4, you shall own all right, title and interest (including all intellectual property and other proprietary rights) in and to all data developed using your Customer Data during the performance of the Services and delivered to you by 60Sinc ("Results"). Results are works made for hire to the extent allowed by law, and 60Sinc makes all assignments to you necessary to accomplish the foregoing ownership. You hereby grant 60Sinc a limited, non-exclusive right (i) to disclose your Results to 60Sinc's employees and agents solely as required for them to provide 60Sinc with their products and services, and (ii) to disclose your Results to comply with court order, law, or direction by a governmental or regulatory agency (in which event, 60Sinc will use reasonable efforts to provide prior written notice to you of such disclosure and the opportunity to object to such disclosure or to seek confidential treatment of such data), and (iii) to use your Results to operate, manage, and maintain the Services, and to improve the Services' ability to deliver web and application analytics services to you. 60Sinc may compile and analyze Results and prepare reports and other work product using the aggregate Results compiled from you and other customers. Notwithstanding anything in this Agreement, 60Sinc shall have exclusive ownership rights to, and the exclusive right to use, such compiled Results for any purpose, including, but not limited to advertising, marketing, and improvement of the Services. 60Sinc shall not distribute compiled Results in a manner that identifies you without first obtaining your prior written consent.
60Sinc has no obligation to store any Results after delivery of such Results to you. 60Sinc reserves the right to withhold, remove or discard Results without notice for any breach of this Agreement by you, including, without limitation, your non-payment of fees due hereunder. Upon termination of this Agreement for your breach, 60Sinc shall have no obligation to maintain or forward any Results to you.
V. RESTRICTIONS
You are responsible for all of your activity in connection with the Services. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any 60Sinc user. 60Sinc will not be liable for any failures in the Services or other problems which are related to your Customer Data or any equipment or service outside of 60Sinc's facilities or control. You shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Services. You will use the Services only in compliance with all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity, or defamation). You represent, warrant and covenant that your use of the Services shall at all times comply with 60Sinc's Anti-Spam Policy, as may be amended by 60Sinc from time to time, and you will not access or use third party mailing lists in connection with preparing or distributing e-mail through the Services.
VI. HOLD AND REVERSES
In order to maintain the security and integrity of the network for the buyers and sellers using, along with the intent of maintaining the overall security of the platform, we may take Balance Account-level or store-level actions under certain circumstances. If we detect any cases of suspicious activity or actions deemed to be in violation of 60Sinc’s Terms of Service, we retain the sole discretion to take these actions, and we will notify you of any such action. To request information in connection with an account for long-term or short-term holds, you are advised to follow the instructions emailed to you with respect to the hold implementation.
Our decisions on holds are based on criteria that are essential to our management of risk and the protection of our customers and/or service providers on the 60Sinc platform. Disclosure of related details are restricted and subject to our considerations without any obligation unless required by governmental authorities.
In order to facilitate actions described above and to allow us to assess the level of risk associated with your account, by opening an account on our platform, you agree to cooperate with 60Sinc’s requests for financial statements and other documentation or information, when pertinent, in a timely manner. When a hold is placed on your Balance, the funds will remain in your Total Current Available. We will notify you via email, whenever we place a hold.
Risk-based holds generally remain in place for up to 90 to 180 days from the date the payment was received into your account or from the date of the hold implementation. We may release the hold earlier under certain circumstances, but any earlier release is conducted at our sole discretion. The hold may last longer than 180 days if the payment is challenged as a payment that should be invalidated and reversed. In this case, we will hold the payment in your account until the matter is resolved.
Sellers in violation of DMCA, article 3 in this Terms of Service must comply to these hold extension regulations: All revenues and profits generated from infringed products or campaigns published by store owners themselves on the 60Sinc platform (which are being processed to payout in 60Sinc Balance) will be withheld to offset the risk of disputes and litigations (for up to 90-180 days) or shall be made as requested from competent authority (if any).
We reserve the right, in our sole discretion, to seek reimbursement from a seller in any of the following circumstances: (a) we provide a refund to a buyer because a seller did not promptly deliver the goods, (b) we discover erroneous or duplicate transactions related to a seller, (c) we receive a chargeback from a buyer's credit card issuer or reversal of payment for the amount of a buyer's purchase from a seller, (d) any costs or losses in connection with refunds or compensation for orders that infringe intellectual property rights on 60Sinc, or (e) a seller does not act in accordance with 60Sinc’s policies.
We may obtain reimbursement of any amount owed by a seller to 60Sinc by deducting said amount from future payments owed to the seller, reversing any credits to the seller’s payment account balance, charging the seller's card on file, charging the seller’s payment account, or by seeking reimbursement from the seller by any other lawful means. You hereby authorize us to use any or all of the foregoing methods to seek reimbursement. 60Sinc may suspend your selling privileges at any time pending payment of your outstanding balance.
VII. ANTI-FRAUD ADVERTISING POLICY
1. Purpose
Monitor is committed to the prevention, deterrence, detection, and investigation of all forms of fraudulent advertising or abusive action conducted via advertising service providers on the 60Sinc platform.
2. Scope
Monitor requires all users registered on 60Sinc to act forthrightly and with integrity and to comply with the public resources for which they are using. It is the responsibility of all users to read and familiarize themselves with the contents of this policy and any related procedures while active on 60Sinc.
3. Definitions
For purposes of this policy, “Fraudulent advertising” & “Abusive action on advertising service providers” are defined as an advertising account’s property belonging to another party, being used without consent for advertising purposes that lead to fraudulent traffic, and might cause future reports, disputes, chargebacks, court orders, and so forth.
VIII. AML-CTF Policy
Introduction and Scope
As with any financial institution, there is a risk of 60Sinc products and services being used to launder money and finance terrorism. [U.S] law and applicable local laws in the jurisdictions in which we operate, requires us to put training, processes and systems in place to identify, manage and mitigate this risk. We do this to protect the Group’s reputation, to comply with relevant laws and to be a good corporate citizen. Failure to do so may result in social harm, significant penalties, including legal and regulatory action.
Our AML/CTF policy
(i) Sets out how 60Sinc complies with its legislative obligations.
(ii) Applies to all business divisions and employees (permanent, temporary and third party providers) working in [U.S] and overseas.
Definitions
(i) “Money laundering” is the process of hiding or disguising the source of illegally obtained (“dirty”) funds to make them appear legitimate (“clean”), e.g. by filtering them through the financial or fintech system; or by sale and purchase of goods and services.
Money laundering reduces the risk of detection and confiscation by authorities. It is just as serious as the criminal activity behind it – and preventing it can help reduce crime.
Customer identification
The AML/CTF Act provides a list of ‘designated services’, such as opening an account or making a deposit. Before receiving any of these designated services, customers will be required to provide proof of identity or similar documentation.
60Sinc is required to collect and verify this information, depending on the type of customer:
(i) “Personal” - an individual person of any nationality.
(ii) “Sole trader” - a person who trades in their own legal right without the use of a company structure, incorporation or partners and who, alone, has full liability for the activities of the business.
(iii) “Domestic company” - incorporated in [U.S], including proprietary, public and listed public companies.
(iv) “Foreign company” - incorporated outside [U.S].
(v) “Partnership” - a relationship between persons (the partners) carrying on business in common, under a partnership agreement, with a view to profit.
(vi) “Trust” - a relationship where the trustee holds property or assets for a beneficiary. The trustee can be an individual, a group of individuals or a company.
(vii) “Association” - a group of persons who have agreed to join together in pursuit of one or more common objectives. An association can be incorporated or unincorporated.
(viii) “Registered co-operative” - a legal entity owned and controlled by the people for whom it was established and who benefit from using its services.
(ix) “Government body” - can be domestic or foreign government body.
Suspicion
Money laundering and terrorism financing (ML/TF) are sometimes detected because a customer acts or behaves in a suspicious way or by request of a competent authority.
For a ‘suspicion’ to be valid, we must have reasonable grounds to believe ML/TF activity may be occurring, unless we follow request or instruction made by the competent authority. To support this, employees receive training in identifying and reporting suspicious matters.
Policy roles and responsibilities
60Sinc’s Board of Directors (the Board) and Senior Management have ongoing oversight of our AML/CTF policy and procedures. All permanent and temporary employees must comply with these, attend training specific to their role, and report suspicious matters or behaviors.
We have a dedicated AML/CTF Officer or hire a professional firm or expert (MLRO), responsible for monitoring the status and effectiveness of the 60Sinc’s AML/CTF risk management and compliance and reporting it to our Executive team.
The MLRO also leads a Group AML/CTF team, which maintains 60Sinc’s AML/CTF policy framework, and provides subject matter expertise and advice to our businesses.
IX. WARRANTY DISCLAIMER
60Sinc has no special relationship with or fiduciary duty to you. You acknowledge that 60Sinc has no control over, and no duty to take any action regarding: which users gain access to the Services; what Results you may obtain via the Services; what effects the Content may have on you; how you may interpret or use the Results; or what actions you may take as a result of having been exposed to the Content. You release 60Sinc from all liability for your having acquired or not acquired Content and Results through the Services. 60Sinc does not manage or control any business or individual that you may interact with through the Services, and 60Sinc accepts no responsibility or liability for any act or omission by such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against 60Sinc with respect to acts and omissions by such entities.
The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. 60Sinc makes no representations concerning any content contained in or accessed through the Services, and 60Sinc will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, RESULTS, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, 60Sinc DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT 60Sinc IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THROUGH THE SERVICES; AND (4) THE INABILITY TO ACCESS OR RETRIEVE ANY RESULTS FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM.
X. THIRD PARTY SITES AND SERVICES
Users of 60Sinc may gain access from the Services to third party sites on the Internet. Third party sites or services are not within the supervision or control of 60Sinc. 60Sinc makes no representations or warranties about any third party site or resource, and does not endorse the products or services offered by third parties. 60Sinc disclaims all responsibility and liability for content on third party websites. You hereby irrevocably waive any claim against 60Sinc with respect to third party content. Third party providers of ancillary services may require your agreement to additional or different license or other terms prior to your use or access of their sites or services. Any such agreement shall not in any way modify your Agreement here with 60Sinc.
XI. REGISTRATION AND SECURITY
As a condition to using Services, you may be required to supply 60Sinc with certain registration information. You shall provide 60Sinc with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in termination of your access to and use of the Services. You shall never use another User's account or registration information, for 60Sinc's or any third party services you access through 60Sinc, without permission. 60Sinc reserves the right to refuse registration of or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your 60Sinc password and for all activity of any person who accesses the Services using your password.
You irrevocably authorize 60Sinc to disclose your personally identifiable information or the personally identifiable information of your end users collected by 60Sinc at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).
XII. INDEMNITY
You will indemnify and hold 60Sinc, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or your infringement, or the infringement by any third party using your registration information, of any intellectual property, or other right of any person or entity, including but not limited to any third party claims relating to your disclosure of end personally identifiable information of your end users to 60Sinc.
XIII. LIMITATION OF LIABILITY
IN NO EVENT SHALL 60Sinc, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CUSTOMER DATA OR OTHER INTANGIBLES; © DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR USING RESULTS. 60Sinc'S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
XIV. TERMINATION FEES
Neither party may terminate the Services at any time by notifying the other party by any means. 60Sinc may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use the Services and access Results will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
60Sinc may charge a monthly subscription fee for use of the Services. In the event you purchase paid Services, your credit card will be charged based on our policy. You may cancel your 60Sinc subscription at any time, but once you have been charged a subscription fee, there are no refunds, partial or in full, for that fee.
XV. PRIVACY
Please review our Privacy Policy, which governs the use of personal information by 60Sinc and to which you agree to be bound as a user of the Services.
XVI. DISPUTE RESOLUTION
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by the state and federal courts located in Singapore. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
XVII. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 60Sinc shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 60Sinc's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with 60Sinc's prior written consent. 60Sinc may transfer, assign or delegate this Agreement and any or all of its rights and obligations without consent. 60Sinc may publicly disclose in writing that customers who purchase paid Services are customers and may use their trademarks, service marks or trade name solely in connection with such disclosures. This Agreement (including the Privacy Policy and Anti-Spam Policy) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority to bind 60Sinc in any respect whatsoever. Any notice that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to support@60Sinc.com.
