Terms & Conditions
1. License Grant.
Subject to the terms and conditions of this Agreement, Syml Lyfe grants Licensee a non-exclusive, limited, non-transferable license to use and download on Licensee’s iPhone, iPod Touch or other Apple device that Licensee owns or controls, the Application and enter Licensee Content (as further defined herein) into the Application. The use and download of the Application is solely for Licensee’s personal use. Except as set forth herein, no other use, access, copying, display or distribution in any form of the Application, in whole or in part, by Licensee is permitted. For purposes of this Agreement, “Licensee Content” shall mean all data, content and information entered into the Application by Licensee, including photographs, comments, content and other materials that you post and/or submit to the Application, including information about your child and/or children such as their names, mobile numbers, email addresses, information about allergies, instructions regarding childcare and/or information regarding their location and/or any other information you post to your user profile.
2. Limitations and Restrictions.
You shall not (i) copy the Application, except as expressly permitted by this Agreement; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
While using the Application you shall not: (i) violate any federal, state and/or local laws and/or ordinances, third party rights, or our policies set forth on the Application; (ii) use any content (including, without limitation, written material, designs or photographs) on the Application for any commercial purposes; (iii) post false, threatening, inflammatory, harassing, abusive, inaccurate, misleading, defamatory, obscene, racially or ethnically or otherwise objectionable, libelous content and/or personal information about other Application users without his/or her permission or content that does not generally pertain to the theme or subject matter of the Application; (iv) distribute or post spam, chain letters, or pyramid schemes on or through the Application; or (v) impair, disable or otherwise adversely affect the Application or the functionality or operation of the Application, including without limitation, distributing, submitting, posting or uploading any materials that contain or distribute viruses or disabling code, files, programs or any other technologies that may harm Syml Lyfe, the Application or any other Application user.
In addition, you shall not (i) harvest or otherwise collect (a) information, designs or content provided on the Application including any third party Licensee Content, unless expressly authorized to do so, or (b) information with respect to any Application users, including e-mail addresses; (ii) provide any links or frames to or of any content on the Application (including, without limitation, written materials, designs and photographs) without Syml Lyfe’s express written consent; or (iii) use any spiders, automated programs, scripts, robots, software or any similar devices that obtain, copy or link to content or information on the Application or with respect to the Application’s users, or affect the operation of the Application.
3. Ownership and Responsibility for Licensee Content.
3.1 Licensee’s Ownership
Licensee acknowledges that Licensee is solely responsible for the Licensee Content (including, without limitation, its accuracy, quality, legality, and reliability) and Licensee’s use of the Application. Licensee is the owner of the Licensee Content and Licensor has no ownership rights with respect to the Licensee Content. In no event shall Licensee provide Licensee Content about a child for whom they are not a biological parent and/or legal guardian and/or custodian. Licensee shall not submit or post any Licensee Content protected by copyright or other intellectual property rights without the express permission of the owner of such content. By submitting or posting Licensee Content, Licensee warrants and represents that he or she owns the copyright with respect to such Licensee Content and/or otherwise has the right to submit and post such Licensee Content through use of the Application. This includes, without limitation, the posting of photographs of any individuals. Photographs of a minor may only be posted by the biological parent and/or legal guardian and/or custodian of such minor.
Licensee represents and warrants that he or she owns or otherwise controls all of the rights to any Licensee Content, that the Licensee Content are original works, and that the public posting and other public or private use of the Licensee Content will not infringe upon the privacy rights, intellectual property or other proprietary rights of any third party. Licensee acknowledges that he or she is not entitled now, or in the future, to any compensation for any Licensee Content, and Licensee and his or her heirs, legal representatives and permitted assigns hereby waive the benefits of any provisions of law known as "droit moral" rights or any similar laws. Licensee and his or her heirs, designated recipients, legal representatives and permitted assigns hereby waive any and all rights and remedies Licensee may have against Syml Lyfe and its affiliates, officers, members, managers, directors, agents and employees now or in the future, and hereby releases Syml Lyfe and its affiliates, officers, members, managers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, including without limitation, any tort or defamation claims for libel or slander and/or claims for violation of a third party’s privacy rights, relating to providing, transmitting or entering the Licensee Content into the Application, or Syml Lyfe’s, its affiliates’ or other users’ of the Application receiving, evaluating, and utilizing the Licensee Content.
3.2 Syml Lyfe’s Ownership
Syml Lyfe shall own all right, title and interest, including all related intellectual property rights, in and to the Application, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Licensee relating to the Application (the “Suggestions”) which shall be considered “works made for hire” and shall be the sole property of Syml Lyfe. Licensee hereby agrees to assign and does hereby assign fully to Syml Lyfe all such Suggestions, all of Licensee’s interest in and to the Suggestions, and any copyrights, patents, trademarks or other intellectual property rights relating thereto. Licensee hereby waives, and agrees not to assert, any and all “droit moral” rights that he or she may have in and to the Suggestions created by him or her. The provisions of this Section shall be binding upon Licensee, his or her heirs, legal representatives, permitted assigns and all third parties acting in concert with Licensee.
This Agreement does not convey to Licensee any rights of ownership in or related to the Application. Syml Lyfe’s name, logos, and the names associated with the Application are trademarks of Syml Lyfe or third parties. Syml Lyfe owns all proprietary rights, including, without limitation, patent, copyright, trade secret and trademark rights to the Application and any modifications, enhancements and derivatives to the Application. Licensee acknowledges that Licensee is granted only a limited right of use of the Application, which right of use is not coupled with an interest and is revocable in accordance with the terms of this Agreement. Licensee agrees not to assert any ownership interest in the Application, the Suggestions or any software used in connection with producing or providing the Application. Licensee agrees that the Application embodies valuable, confidential and trade secret information of Syml Lyfe.
Licensee agrees to accept all responsibility for all activities that occur under Licensee’s account and password(s). Licensee shall use best efforts to maintain the security of his/her account information and passwords. Licensee agrees to immediately notify Syml Lyfe of any unauthorized use of his/her password or account assigned or any other breach of security or confidentiality thereof, and in such event Syml Lyfe shall have the right, without limitation of any other rights under this Agreement, at law or in equity, to immediately suspend or terminate any such account or this Agreement.
5. Collection and Use of Information
6. Content and Services.
7. Geographic Restrictions.
NOT INTENDED FOR USE OUTSIDE OF THE UNITED STATES. DO NOT INSTALL THIS APPLICATION ON YOUR DEVICE IF YOU ARE NOT LOCATED IN THE UNITED STATES.
The Application is intended for use within the United States and provided for access and use only by persons located in the United States. Syml Lyfe’s Application and services are hosted and are strictly meant to be used within the United States. We are not marketing this Application to persons outside the United States, nor do we want to receive ANY information about any person outside the United States. If you are accessing the Application from outside of the United States, you are transferring personal data into the United States at your own risk when you use our services.
8. License to Use Licensee Content.
Licensee assumes sole responsibility for (a) providing notice to the extent required under applicable laws and regulations in connection with the collection, use and disclosure of personally-identifiable information from or regarding third parties, including in connection with Licensee’s uploading of such information into the Application, and (b) establishing and maintaining reasonable procedures to protect the confidentiality, security and integrity of such personally-identifiable information.
9. Withdrawal of the Application.
10. Confidentiality of Licensee Content.
11. No Assurance of Availability.
Syml Lyfe’s performance under the Agreement, and the Application’s operation is subject to interruption and delay without liability due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. Syml Lyfe is not liable to Licensee or any third party for damages arising from such unavailability and the time for performance of such obligation shall be extended for a period equal to the duration of the contingency that occasioned the delay, interruption or prevention.
12. Limitation of Liability.
THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO ANY LICENSEE TO THE EXTENT PROHIBITED OR UNENFORCEABLE BY LAW WITH RESPECT TO SUCH LICENSEE.
THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS.
SYML LYFE AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND EMPLOYEES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE APPLICATION, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, THE ACCURACY OR RELIABILITY OF THE APPLICATION OR THE CONTENT PROVIDED BY SYML LYFE OR ANY THIRD PARTY ON THE APPLICATION, THE ABILITY TO INSTALL, DOWNLOAD, ACCESS OR USE THE APPLICATION OR THE USE OR ACCESS OF THE LICENSEE CONTENT OR THE SUGGESTIONS OR ALL OTHER CONTENT AND INFORMATION ON THE APPLICATION PROVIDED BY SYML LYFE OR ANY THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED NOT PROHIBITED BY APPLICABLE LAW SYML LYFE AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND EMPLOYEES SPECIFICALLY DISCLAIM ALL WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED IN LAW OR IN FACT, ORAL OR IN WRITING THE APPLICATION, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, THE ACCURACY OR RELIABILITY OF THE APPLICATION OR THE CONTENT PROVIDED BY SYML LYFE OR ANY THIRD PARTY ON THE APPLICATION, THE ABILITY TO INSTALL, DOWNLOAD, ACCESS OR USE THE APPLICATION OR THE USE OR ACCESS OF THE LICENSEE CONTENT OR THE SUGGESTIONS OR ALL OTHER CONTENT AND INFORMATION ON THE APPLICATION PROVIDED BY SYML LYFE OR ANY THIRD PARTY.
SYML LYFE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE APPLICATION, OR THE CONTENT, OR FUNCTIONS, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OR STORING OF PERSONALLY-IDENTIFIABLE INFORMATION THROUGH USE OF THE APPLICATION. NO ORAL OR WRITTEN INFORMATION OR COMMUNICATIONS PROVIDED BY SYML LYFE, ITS EMPLOYEES OR AGENTS OR REPRESENTATIVES WILL AFFECT THE ABOVE DISCLAIMERS OR CREATE ANY NEW OR ADDITIONAL WARRANTIES.
To the extent that Syml Lyfe may not as a matter of applicable law disclaim any warranty, the scope and duration of such warranty will be the minimum permitted under such law.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SYML LYFE AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY LICENSEE OR ANY THIRD PARTIES ARISING OUT OF ANY FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, DELETIONS OR OMISSIONS IN CONNECTION WITH THE APPLICATION, THE ABILITY TO INSTALL, ACCESS, DOWNLOAD OR USE THE APPLICATION, OR TO USE OR ACCESS THE LICENSEE CONTENT OR THE SUGGESTIONS OR ALL OTHER CONTENT AND INFORMATION ON THE APPLICATION PROVIDED BY SYML LYFE OR ANY THIRD PARTY. SYML LYFE AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND EMPLOYEES ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OF OR FAILURE TO STORE ANY AND ALL LICENSEE CONTENT AND SUGGESTIONS.
LICENSEE PROVIDES LICENSEE CONTENT AND AUTHORIZES ACCESS TO SUCH CONTENT TO OTHER USERS, WHERE APPLICABLE, ITS CONTACTS AND ITS DESIGNATED ACCOUNT ASSOCIATES AT ITS OWN RISK. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SYML LYFE AND ITS AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY LICENSEE OR ANY THIRD PARTIES ARISING OUT OF THE USE AND DISCLOSURE OF THE LICENSEE CONTENT, AS SYML LYFE only usES and/or displayS the Licensee Content as you have instructed in connection with your account.
ALL USE AND RELIANCE UPON THE APPLICATION, INCLUDING the LICENSEE CONTENT, IS AT THE USER’S OWN RISK. IN NO CASE SHALL LICENSOR BE LIABLE FOR ANY RELIANCE UPON AND/OR ANY ACTIONS OR INACTIONS BY ANY USERS OF THE APPLICATION.
15.1 Governing Law; Limitation on Actions.
No action hereunder, regardless of form, may be brought by Licensee more than one year after the event claimed to have given rise to the claim.
Notices will be deemed effective hereunder if in writing, delivered in person, or by e-mail, facsimile, certified or registered mail, or by FedEx or similar private mail service, and addressed to Syml Lyfe at its above address and to Licensee at the email address that Licensee provides to Syml Lyfe (or to such successor addresses as the parties may identify by providing notice in accordance with this Section). Licensee can also contact Syml Lyfe with respect to questions about the Application or this Agreement by emailing Syml Lyfe at firstname.lastname@example.org.
15.3 Notice of Alleged Copyright Infringement.
It is Syml Lyfe’s policy to take action in accordance with the Digital Millennium Copyright Act (Title II of 17 U.S.C. Section 512) (the “Act”) when it has been notified of claims of alleged copyright infringement in connection with its Application. Syml Lyfe has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Syml Lyfe in a written complaint that complies with the requirements below and delivered to Syml Lyfe’s designated agent to receive notification of claimed infringement as follows:
Scott M. Wendrychowicz
Syml Lyfe , LLC
Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
This Agreement shall be binding upon and inure to the benefit of the parties and their affiliates, legal representatives, successors and permitted assigns. Syml Lyfe may transfer its rights and obligations under this Agreement to another organization or person(s), but this will not affect your rights or our obligations under this Agreement.
15.5 Independent Contractors.
The parties to this Agreement are independent contractors. Neither party is an agent, representative or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
15.6 Amendments, Waivers, Entire Agreement.
15.7 Construction; Headings.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect. Headings of paragraphs and sections in this Agreement are for convenience only and should not be given any interpretative effect.
The provisions of Sections 2 through 15 of this Agreement shall survive the termination and expiration of this Agreement.
15.10 Injunctive Relief.
In the event of a violation or threatened violation of Syml Lyfe’s intellectual property or proprietary rights with respect to any of the Application, the use of the Application or the Suggestions in violation of this Agreement, Syml Lyfe shall have the right, in addition to such other remedies as may be available pursuant to law or this Agreement, to injunctive or declaratory relief (including, temporary and preliminary relief) without the posting of any bond. Licensee acknowledges that legal remedies for such violation or threatened violation are inadequate.
15.11 Export Laws and Other Applicable Laws.
Licensee agrees to use the Application in accordance with all applicable export and other laws, including, without limitation, United States export controls. Licensee represents and warrants that (i) Licensee is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) Licensee is not listed on any U.S. Government list of prohibited or restricted parties.
15.12 Changes to This Agreement.
Any or all of this Agreement may be changed at any time without notice to you. Your use of or access to our Application immediately after such changes are posted will mean you accept such changes. Therefore, each time you use or access our Application, you should review this Agreement.
We will post our revised Agreement either within our Application, on our website located at www.symllyfe.com, or elsewhere as we deem necessary, and may provide you with notice of any changes by e-mail at the e-mail address you provide to us through our Application. For this reason, you should make sure that you maintain a current e-mail address with us.
15.13 Additional Terms With Respect To Apple Inc.
Syml Lyfe and Licensee acknowledge and agree as follows:
- Apple, Inc. (“Apple”) has no responsibility or liability with respect to the Application and the content thereof. Apple’s only obligation with respect to any failure of the Application to conform to any applicable warranty or any error with respect to Application is for Apple to refund the purchase price or license fee paid by Licensee for the Application (if any) to Licensee. To the maximum extent permitted by law, Apple will have no other warranty obligation, whatsoever with respect to the Application and Apple shall have no liability with respect to any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any warranty.
- Licensee has reviewed the Apple Store and Apple iTunes Terms of Service (including, without limitation, the Usage Rules) and agrees to be bound by and comply with such terms. The Apple device used to access the Application is owned or controlled by the Licensee.
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- Apple is not responsible for addressing any claims of Licensee or any third party relating to the Application or the Licensee’s possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Application or the Licensee’s possession or use of the Application infringes a third party’s intellectual property rights, Apple will have no responsibility or liability with respect to any such claim. Syml Lyfe will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Apple and its subsidiaries and affiliates are third party beneficiaries of this Agreement and upon the Licensee’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the Licensee as a third party beneficiary thereof.