Syntax Terms of Service

Last Updated: 08/30/2023

Introduction

If you want to use Syntax, follow these Terms. Sometimes, we update these Terms so check back here to see the latest updates.

These Terms of Service (these “Terms” apply to Syntax.fm and its other sites, applications, platforms and services (collectively, “Syntax”. By using Syntax and/or purchasing something from us, you agree to be bound by these Terms. Syntax is operated by Functional Software, Inc. dba Sentry (herein referred to as “we” “us”and “our”.
We may modify, add or delete portions of these Terms at any time by notifying you of the change in writing (including by email or by posting the modified Terms on Syntax and updating the date above). Please check these Terms frequently for updates. Your continued use of Syntax following the posting of updated Terms means that you agree to those changes.

Copyrights

Creating content is a lot of work. Our podcasts and content are protected by intellectual property laws. Please don’t use them for anything other than personal use without our permission.

The contents of Syntax are protected by U.S. and international copyright laws. The contents of Syntax are owned by us or licensed to us by other providers of content to Syntax ("Content Providers"). If you submit "User Materials" (as defined in the "User Materials" section of these Terms), you are a Content Provider that provides content to us. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, scrape for the purposes of replicating or republishing (by you or by third parties) publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on Syntax without our prior written consent, except as provided in these Terms. All rights not expressly granted in these Terms are reserved to us.
Syntax provides podcasts consisting of audio content that is provided using media players, content feeds or downloadable files that may be downloaded and played from a user's device. You may download, copy and/or transfer a podcast to a device only for your personal, noncommercial use.

Trademarks

Like our podcast, the names and logos on our site are protected by intellectual property laws. Please don’t use those without our permission.

Syntax, the Syntax logo, Sentry, the Sentry logo and the names, logos and program names of Content Providers and any other trademarks or service marks appearing with Syntax, are the property of Functional Software, Inc. dba Sentry, Content Providers or other licensors. These marks are protected from reproduction, imitation, dilution and confusing or misleading uses under national and international trademark laws, and all rights in these marks are reserved by their respective owners. Except as otherwise expressly permitted elsewhere in these Terms, you may not use any such marks without the prior written consent of their respective owner(s).

User Materials

If you post any content to Syntax, you still own your content, but we have the right to show that content throughout Syntax. Please be mindful of the content you post and be respectful of our other users. We can take down anything you post that we think violates these terms.

Users of Syntax may post, upload, transmit and otherwise submit ("Post") comments, messages, recommendations, reviews, photos, images, story ideas, essays and other content and materials ("User Materials") on or through the social networking features, discussions, Contact Us page, and other features of Syntax. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by our staff and on Syntax by the general public. You acknowledge that Syntax, including the social networking features, discussions, Contact Us page and other features of Syntax, are for generally public and not private communications.
You retain the copyright and other ownership rights in any User Materials that you Post on or through Syntax. However, by Posting User Materials on or through Syntax, you grant us and our licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display (including framing), create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials (including your name, likeness, voice and biographical information to the extent included therein) in any and all media formats, channels or platforms, whether now known or hereafter devised, including without limitation on Syntax or our third-party licensee sites, applications, platforms and services, without payment and without further notice to you or request for consent. You further grant us and our licensees the right to contact you in connection with your User Materials and to use your name, location and other information that you have provided in connection with the User Materials.
For any User Materials you Post on or through Syntax, you agree to abide by the following rules for Posting User Materials through Syntax:

You may not Post any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.
You may not Post any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights, or that constitutes hate speech or a personal attack.
You may only Post User Materials for which you have the copyright or other necessary rights and permissions to distribute electronically. You may not plagiarize content or violate or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.
You may not Post any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting.

You are solely responsible for any User Materials Posted using your account. We do not and cannot review all User Materials Posted by you or others and are not responsible for any User Materials submitted by you or others on or through Syntax. However, we have the right (but not the obligation) to review, screen, refuse to post, delete, edit or move any User Materials that we deem, in our sole discretion, to be in violation of these Terms, or for any other reason, as determined in our sole discretion.

Rules for Use of Syntax

You’ll need to be 18 years or older to use some of the features of the site. Don’t use Syntax for any illegal purposes or to try to cause harm to Syntax or anybody else. If you don’t follow these rules, we have the right to block your access to Syntax.

You must be at least 18 years of age to submit any User Materials or personal information on or through Syntax, create a public profile, participate in any online contests, or place an order with the Syntax online store.
In addition to the other restrictions set forth in these Terms, You may not use Syntax 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 website, other websites, 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 Syntax or any related website, other websites, or the Internet.

You acknowledge that we have the right to limit or terminate your, or any other person's, access to or registration in Syntax for any reason, in our sole discretion, including violation of these Terms.

Online Store Purchases

If you want to buy something from our swag store (and who wouldn’t?), please read the terms below for more details about placing orders, returns and payment.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our swag to you. In order to make a purchase from the store using an accelerated check out method, you may need to create an account directly with Shopify or another payment method in order for them to process your payment. Use of any accelerated check out method will be subject to the terms and privacy policy between you and the provider of such method.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products purchased or obtained by you will meet your expectations.
Your receipt of an electronic or other form of order confirmation neither signifies our acceptance of your order, nor constitutes confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales or other taxes, on orders shipped to you.
Products are subject to return or exchange only according to our Return Policy.

Links to Third-Party Sites

Sometimes we link to other sites that we find interesting. We don’t operate those sites and just because we think something is worth checking out doesn’t mean that we endorse or are making any guarantees about the products or services provided on those sites.

Syntax contain links to sites, applications, platforms and services maintained by third parties over which we have no control. We do not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and we are not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites, applications, platforms and services.

Representations; Indemnity

If you post anything on Syntax, you’ll make the promises below about anything you post. You’ll also agree to be responsible if anything you post puts us in a bad position.

You represent and warrant that if you Post any User Materials or personal information on or through Syntax, (a) you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Post on or through Syntax that may be necessary for their use as contemplated by Syntax and these Terms, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by Syntax and these Terms, (d) the User Materials, and their use by us and our licensees, and users of Syntax does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms, and (e) your use of Syntax complies with these Terms. You agree that you will indemnify and hold harmless us, Content Providers, and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of Syntax, (3) any authorized use, publication or distribution of the User Materials you have Posted on or through Syntax.

Disclaimer

We aren’t responsible for content that you or other users post to Syntax. Use Syntax at your own discretion –even though we like it, we don’t promise that you will.

We are not responsible or liable for any User Materials Posted by you or a third party, on or through Syntax. We cannot verify the accuracy of statements that users make or place on or through Syntax, and do not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.
SYNTAX AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH SYNTAX ARE AVAILABLE ON AN "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE OPERATION OF SYNTAX OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON SYNTAX OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM SYNTAX. WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON SYNTAX. FURTHER, THERE IS NO WARRANTY THAT SYNTAX WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT WARRANT THAT SYNTAX WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, UNINTERRUPTED OR ERROR-FREE. WE DO NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SYNTAX OR THROUGH LINKS ON SYNTAX. WE MAKE NO REPRESENTATION THAT SYNTAX IS APPROPRIATE OR WILL BE AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF US SHALL CREATE ANY WARRANTY. USE OF SYNTAX IS ENTIRELY AT YOUR OWN RISK.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND ANY STATUTORILY REQUIRED WARRANTIES WILL BE LIMITED TO THE SHORTEST LEGALLY PERMITTED PERIOD.

Limitation of Liability

Since we don’t charge you to use Syntax, we aren’t going to be liable to you for your use of Syntax. You can stop using Syntax any time you like.

IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTENT PROVIDERS HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE. OUR, OUR OFFICERS’ DIRECTORS’ EMPLOYEES’ AGENTS’AND CONTENT PROVIDERS’ENTIRE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS (U.S.$100).

International Users

We love having an international audience, but we’re not experts on international law. Please make sure your use of Syntax is permitted wherever you are located.

Syntax is controlled and operated within the United States. We make no representation that content, materials or products available on or through Syntax are appropriate or available for use outside of the United States. If you access Syntax from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Changes to Syntax

If we need to make changes to Syntax, we can.

We reserve the right to change, terminate or suspend Syntax, any features of Syntax (including, but not limited to, podcasts), and any content or materials contained in Syntax, in any way, at any time and for any reason or no reason. We also have the right to require you to cease accessing any features, content or materials of Syntax.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

If you believe that your work has been copied and posted on Syntax, please follow the procedures below to register a DMCA complaint.

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on Syntax, please provide the following information in writing to Syntax’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
a description of the copyrighted work that you claim has been infringed.
a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
information so that we can contact you, such as address, telephone number and email 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 owner, its agent, or the law.
a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Posted to Syntax, that were subsequently removed from Syntax, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Syntax’s Copyright Agent (see 17 U.S.C. § 512(g) for further detail):

your physical or electronic signature.
a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Syntax’s Copyright Agent can be reached as follows:

Functional Software, Inc. dba Sentry

45 Fremont Street, 8^th Floor

San Francisco, CA 94105

Email: [email protected]

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding Syntax, please contact us through our Contact Us page.

Miscellaneous

And the rest of the legal boilerplate…

These Terms, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of Syntax and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of Syntax. These Terms are separate and distinct from the terms of use governing Sentry and the sites, applications, platforms and services that may link to or from Syntax. These Terms are governed by and construed under California law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms or relating to Syntax shall be litigated in the local or federal courts located in San Francisco, California, and you hereby consent to personal jurisdiction and venue in San Francisco, California. A modification or waiver of a part of these Terms shall not constitute a waiver or modification of any other portion of the Terms. If for any reason any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms will continue in full force and effect.