Terms of Use

1. Use of the Website

Welcome to www.insyteapp.com (the “Site”), owned and operated by Socialyte Technologies, LLC (“We”, “Us” or “Our”). Please read these Terms of Use (“Terms”) carefully.

By accessing the Site and using the services made available to you on it (the “Services”) you agree to be bound by these Terms and all policies or guidelines incorporated by reference. The Terms include our Privacy Policy which sets out the terms by which we will process any personal information we collect from you, or that you provide to us, which applies to your use of the Site and the Services.

If you do not agree to all of the terms and conditions in these Terms, you do not have permission to access the Site and Services and we would ask that you please stop using the Site and Services immediately. We recommend you print or keep a digital copy of these Terms for future reference.

2. Changes to the Terms

We reserve the right, in our sole discretion and at any time, to change, modify, or amend any provisions of the Terms or policies and guidelines governing your use of the Site and the Services. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site and the Services following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site and the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site.

3. Form Submission

When you submit your details to us via the forms on the Site and through the Services, you warrant that all the details you supply, including without limitation, your name and e-mail address, are accurate, that you are authorized to use the email address that you provide and that you are at least eighteen (18) years old.

If you are below the age of 18, please obtain the permission of your parent or guardian before using the Site. We have no intention of collecting any personal information from individuals below the age of eighteen (18) without informed parental consent. Parents are encouraged to review their children’s email and internet activities to ensure that the Site is being used in accordance with these Terms.

We take your privacy seriously. Please read our Privacy Policy for details about what information we collect and how we may use it and will protect it.

4. Adult Users Only

The Site is not intended for children under the age of eighteen (18) without the permission and supervision of a parent or guardian. If you are under eighteen (18), you are not authorized to use this Site without a parent or guardian. By accessing the Site, you represent and warrant that you are eighteen (18) or over, or, if under eighteen (18), you are accessing the site with the permission and supervision of your parent or guardian.

5. Availability of the Services

By using the Site and the Services, you acknowledge that you are using a web-based platform, which presents information provided by third parties. While we will take every reasonable effort to ensure you have full access to the Site and Services at all time, there will occasionally be interruptions in service, either due to maintenance or issues outside of our control. We retain the right to limit your access to all or part of the Services at any time and for any reason.

6. Creating an Account

You, as a user, may create an account for use on the Services (each, an “Account”). You are solely responsible for all uses of your Account. You must treat your Account passwords, user names, and other associated information confidential and you must not disclose them to any other person or entity. You also acknowledge that your Account is personal to you creating the Account and you agree not to provide any other person with access to the Services using your name, password, or any other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

7. Maintaining an Account

Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. If you violate any of these aforementioned provisions, we may terminate your Account and your access to the Services in our discretion and without limitation. Should we terminate your Account, you automatically forfeit anything created by us for you through the Services, and you may not re-enroll or re-join under a new Account unless we give you express permission of same. If you commit fraud or falsify information in connection with your use of the Services or in connection with your Account, we will automatically terminate your Account. We reserve the right to hold you liable for any and all damages that we or our users may suffer, to pursue legal action through all available law enforcement authorities, and to notify your Internet Service Provider (“ISP”) of any fraudulent activities associated with you or with your use of the Services.

8. Cancellation by You

You may cancel your Account in full, at any time, through the features accessible in the Services. You hereby agree to be personally liable for any and all charges incurred by your username and password until you terminate your Account or subscriptions as provided herein. You hereby acknowledge and agree that if you cancel your Account, the access associated with that membership will be removed.

9. Our Intellectual Property and Proprietary Use of Information

The Site, the Services, and all content and other materials on the Site, including, but not limited to, the Insyte logo and design, text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, software and the selection, as well as any emails or documents prepared and/or sent to you by us, and arrangement thereof (collectively, the “Materials”) are our property and are protected by United States and international copyright, trademark, and other intellectual property laws.

Insyte, the Insyte logo, and any other product, service name, or slogan contained in the Site are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written consent. Additionally, the look and feel of the Site and Services, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Any other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

The Site and Services contain public information as well as information provided to us by third parties which we have compiled in a manner that is proprietary to us. Any information shared or posted y us is protected whether or not we identify it as proprietary. You agree not to modify, copy, or distribute any such information without first receiving our express permission or the express permission of the owner of any such information.

10. License and Restrictions

We grant you a limited, non-sub-licensable, non-exclusive and revocable license to access and make use of the Site, the Services, and the Materials, solely in accordance with and subject to these Terms and any other applicable policies or guidelines contained on the Site. Except as otherwise expressly permitted by these Terms, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Site or the Materials, except as explicitly permitted through the methods presented to you in the Services; (ii) resell, publicly perform or publicly display any portion of the Site, Services, or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site, Services, or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of website infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Services, or the Materials or any information contained therein; or (vii) use the Site, Services or the Materials other than for their intended purposes.

You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of our rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.

11. External Links Disclaimer

The Site may contain links to third-party websites that are not operated or controlled by us. Use of these links to access other websites is at your own risk. We do not monitor or have control over, and make no claims for the accuracy, reliability, or quality of any information or services provided or products sold at these websites. We establish links to other websites for the convenience of its users; however, such links are not intended to be endorsements of the other websites. When you leave the Site, our Terms no longer govern. You should review all applicable terms and policies, including privacy and data gathering policies, of any third-party websites, and should make whatever investigation you feel is appropriate before proceeding with any transaction with any third party.

12. Representations

By using the Site, you represent, warrant, acknowledge and agree to the following:

1. Your use of the Site is in accordance with and does not violate these Terms;
2. You will not use the Site in any manner that may:
1. Violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, privacy, moral rights, contracts, or other personal or proprietary rights;
2. Cause injury of any kind to any person or entity, including, but not limited to, any slander, libel or defamation; and
3. Violate or encourage others to violate any applicable local, state, national, and international laws, rules, or regulations.
3. By creating an Account as part of the Services, you warrant and agree that you:
1. Possess the authority to create a binding legal obligation, on behalf of yourself personally, or if you are creating an Account in the name of an entity or organization, that you have the authority to do so, and are not impaired in this ability;
2. That all the information you provide to us is only about yourself, or the Account-holder entity, and that all of such information is accurate, true, current, and complete;
3. Your use of the Service will always comply with these Terms; and
4. You will remain responsible for all uses of your Account, safeguard your password, and supervise the use of your Account.
13. Indemnity

You agree to indemnify, hold harmless, and defend (if requested by us) Socialyte Technologies, LLC and it’s parents, subsidiaries, affiliates (including, but not limited to, Socialyte, LLC and NSL Media Inc.) partners, principals, members, officers, employees, representatives, contractors, and assigns from and against any and all third-party claims, liabilities, deficiencies, judgments, awards, settlements, damages, losses, fines, injuries, penalties, fees, costs and expenses (including reasonable attorney’s fees and expenses in connection with (a) your use of any Site or Services in connection with any Site; (b) your breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (g) our use of your information. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of one of our duly authorized employees.

14. Liability and Disclaimer of Warranties

By accessing the Site and using the Services, you agree to not hold us, any party involved in maintaining the Site, and any of our parents, subsidiaries, affiliates (including, but not limited to, Socialyte, LLC and NSL Media Inc.) partners, principals, members, officers, employees, representatives, contractors, and assigns, liable or responsible for the following:

1. Any third-party websites linked to the Site, or the material on such third-party websites, including, but not limited to loss or damage to due computer viruses or malware;
2. Loss of profit, loss of business opportunity, or any other indirect, punitive, or consequential loss;
3. Any matter beyond our or our parents, subsidiaries, affiliates (including, but not limited to, Socialyte, LLC and NSL Media Inc.) partners, principals, members, officers, employees, representatives, contractors, and assigns’ reasonable control, even if we have been advised of the possibility of such damages.

We do not warrant that any of the features contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site’s server is free of viruses or malware. You are responsible for configuring your information technology and platform to access the Site, and should use your own virus protection software.

As we use public data an information provided to us by third parties, we cannot make any warranties that the Services will be uninterrupted or error free, or any guarantees regarding the accuracy or reliability of any information provided through the Services.

By accessing this Site, you agree that we do not have any obligations of confidentiality, non-disclosure, or non-use, except those explicitly set out in our Privacy Policy.

Users in States which do not allow exclusions of implied warranties may have different legal rights, which may vary by jurisdiction.

15. Disclaimer of Warranties

You expressly agree that your use of the Services is at your sole and exclusive risk. The Services are provided on an "as is, without warranties of any kind, including, without limitation, the availability, accuracy of content or materials, information, or service, and the warranties of merchantability, fitness for a particular purpose, and non-infringement. We expressly disclaim all such warranties.

16. Assignment

We may assign or transfer any of the rights, duties, or obligations contained in these Terms without your consent, provided that said assignee shall assume all of our obligations thereunder.

17. Severability

If any provisions of these Terms are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

18. Waiver

Any failure by us to enforce any provision contained in these Terms will not be construed as a waiver by us of our right to enforce that provision or any other provision of these Terms, and will not operate as an amendment to these Terms.

19. Headings and Construction

The headings in these Terms are purely for convenience and are not to be used as an aid in interpretation.

20. Jurisdiction and Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of law. Any action or claim brought under these Terms or for any matter arising out of or in any way relating to this Site shall be heard in and venue shall be located in New York County in the State of New York.

21. Entire Agreement

These Terms and the policies and guidelines incorporated by reference constitute the entire agreement of the Parties in connection with the use of the Site. It is expressly warranted by you that no promises or inducements have been offered to you except those set forth in these Terms.

22. Intellectual Property

You are not permitted to use the Site in any manner that infringes the rights of any third party. We encourage you to report any of the materials on the site that you believe infringes your rights.

If you believe that any material or content on the Site infringes your copyright or other intellectual property rights, please send your notice to legal@insyteapp.com or to Socialyte Technologies, LLC, 90 State Street Suite 700 Office 40 Albany, NY 12207, containing the following:

• A physical/electronic signature of a person authorized to act on behalf of the alleged owner of the materials;
• The exact, URL on the Site of each allegedly infringing image, video, music, text, or other content that you wish to have removed;
• Your email address and telephone number;
• Proof of your copyright regarding the content in question; and
• Any explanation of what rights you have to the materials and why you believe the content infringes your rights, with sufficient information for us to properly evaluate your complaint
23. Reports and Additional Information

If there is any additional information you would like regarding these Terms, or you believe there is a violation of these Terms and you would like to report it to us, please direct the information to legal@insyteapp.com or 110 Greene Street Suite 100, NY, NY 10012. Reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.