CYBERBIT SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Agreement”) BEFORE ACCESSING OR USING THIS WEBSITE.
The following Terms and Conditions of Use apply to any visitor or user (hereinafter referred to as “You”) of the website located at http://www.cyberbit.net and any websites (singularly and collectively, “the Site”) that CYBERBIT Ltd. or CYBERBIT Commercial Solutions Ltd. or its subsidiaries (singularly and collectively, “CYBERBIT” or the “Company”) own, control or operate. By accessing and using the site, you hereby agree to be bound by these terms and conditions of use.
The following terms govern your access to and use of the Site, and apply to all materials, software, content, services, online communications and other information that is or becomes available on or through the Site (collectively, the “Material”). By accessing and using the Site, you hereby agree to be legally bound by the terms and conditions of this Agreement. If you do not agree to such terms and conditions, you must not use the Site.
We reserve the right, in our sole discretion, to change, modify or otherwise alter the terms and conditions of this Agreement with or without notice to you. Such changes and/or modifications shall become effective immediately upon the posting thereof on the Site. Your continued use of the Site shall constitute your continuing acceptance of any and all revised terms and conditions. CYBERBIT may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice to you. CYBERBIT may also impose limitations on certain features or services or restrict your access and use of the Site without notice or liability.
1. General Conduct & Limited License
1.1 The Material is the property of CYBERBIT, and is protected, without limitation, by applicable copyright and trademark laws, and in certain instances may be protected by applicable patent laws. CYBERBIT hereby grants you a personal, non-exclusive, non-assignable, non-sub-licensable and non-transferable license to use and display, for non-commercial and personal use only, one copy of the Material that you download from the Site, except as may otherwise be expressly provided on our Site. You agree that the copy of the Material shall retain all copyright, trademark and other proprietary notices in the same form and in the same manner as such notices appear on the Material or on the Site. You shall not otherwise reproduce, modify, distribute, transmit, post, or publish (including, without limitation, display and distribution via a third party website), the Material without CYBERBIT’s prior written consent. Except as expressly set forth herein, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of CYBERBIT or any third party.
1.2 You understand and agree that the Material is provided hereunder “AS IS” without warranty of any kind and that your use of the Material is at your sole discretion and risk. You shall be solely responsible for any and all damages of any sort and kind to your network, software or computer system and any loss of data that may result from your use of the Site and/or the Material.
1.3 While visiting the Site, you shall not submit, post, publish, distribute or transmit: (a) material that is illegal, indecent, obscene, libelous, defamatory, disparaging, false or misleading; (b) material other than that which may be requested by an interactive application or tool on the Site; (c) unsolicited advertising, promotional material, or other forms of solicitation; (d) material that would infringe the intellectual property, privacy or other rights of third parties, (e) a computer virus, worm, Trojan horse or other element destructive to the Site or any CYBERBIT hardware or software accessible through the Site, or (f) a digital or manual signature, password, or other element impersonating an CYBERBIT employee, or affiliate, or any forged TCP/IP headers or parts of a header, in an attempt to gain unauthorized access to CYBERBIT computers, software, data, accounts or databases.
1.4 You shall not, without the prior written consent of CYBERBIT, use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, Material, data or content found on the Site or accessed through the Site. You shall not engage in the mass downloading of files from the Site; use the computer processing power of the Site for purposes other than those permitted hereunder; or flood the Site with electronic traffic designed to slow or stop its operation. You shall not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use shall subject the offender to civil liability or criminal prosecution under applicable laws.
1.5 Access to and use of password protected and/or restricted areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to civil liability or criminal prosecution under applicable laws.
2. Third Party Material
2.1 The Site may include content owned or licensed by third parties, as well as links to websites owned by third parties (singularly and collectively “Third Party Material”). Access to and use of any Third Party Material is at your sole risk and CYBERBIT shall not be responsible for the accuracy or reliability of any information, data, opinions, advice or statements made in such Third Party Material.
2.2 Inclusion of Third Party Material on the Site shall not be construed as endorsement by CYBERBIT of any third party or the Third Party Material, and no rights or licenses are granted to you in the Third Party Material. You agree to defend and hold CYBERBIT harmless from any and all liability that may result from your use of the Third Party Material.
3. CYBERBIT Marks
3.1 Any trademarks, trade names, trade dress, service marks, logos, domain names, and URLs (collectively, the “Marks”) provided in the Material or displayed on the Site are the property of CYBERBIT or third parties, and no right to use such Marks is granted to you herein.
4. Accuracy and Timeliness of Information and Historical Information
4.1 CYBERBIT assumes no responsibility to monitor the accuracy, completeness, timeliness or reliability of any Material on the Site. As such, Material may not be updated when errors are uncovered or as new information becomes available. You understand that certain Material, including, but not limited to, reports, press releases, and product information, may become stale or incomplete over time, and you hereby release CYBERBIT from any and all liability associated with same.
4.2 CYBERBIT original content and other Material which may be archived on CYBERBIT-provided Sites is believed to be accurate at the time of creation and original date of posting. However, you should understand that the passage of time, subsequent events and other changes may make the posting stale. However, CYBERBIT does NOT warrant that the Material provided in this Site is in fact accurate at the time of creation and original date of posting.
4.3 Although such original content and other Material may be included on such Sites as archival Material, CYBERBIT may not have updated, edited, changed or removed the content, and disclaims any obligation to do so. To the extent reliance on dated Material is made, it is done so at your sole risk.
5. Submissions to the Site; Contests
5.1 Any information, including, but not limited to, feedback, questions, comments, suggestions, ideas, graphics, computer files, links, or other material you submit to the Site (“Submissions”), whether via e-mail or otherwise, regardless of any terms you propose that may be included therewith, shall be considered non-confidential and you hereby grant CYBERBIT a non-exclusive, perpetual, worldwide, royalty-free license to use the Submissions in any way we choose. Therefore, CYBERBIT may, among other things, reproduce, transmit, distribute, adapt, perform, display and create derivative works from or based upon your Submissions, and sublicense others to do any or all of the foregoing activities. You agree that your Submissions shall meet all requirements for appropriate content in accordance with Section 1.3 above. CYBERBIT reserves the right at any time and without notice, to refuse to receive post or remove any Submission.
6.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, INCLUDING NEGLIGENCE, SHALL CYBERBIT, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN PROVIDING THE SITE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE, THE MATERIAL, ANY CYBERBIT PRODUCT OR SERVICE, OR ANY OTHER HYPERLINKED WEBSITE, OR ANY DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE SITE AND/OR THE MATERIAL PRESENTED, EVEN IF CYBERBIT HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 ALL MATERIAL PROVIDED ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CYBERBIT DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE INTERNATIONAL CONVENTION FOR THE SALE OF GOODS, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT ARE EXPRESSLY DISCLAIMED.
7. Termination and Survival; Miscellaneous
7.1 Some of the provisions of this Agreement are for the benefit of CYBERBIT, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers, and any third-party information providers. Each of these persons or entities shall have the right to enforce these provisions directly against you on its own behalf if you violate any of the terms or conditions of this Agreement.
7.2 CYBERBIT failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provisions of this Agreement. CYBERBIT may assign its rights and duties under this Agreement to any party at any time without notice to you.
7.3 This Agreement shall expire when you discontinue use of the Site.
7.4 In the event of breach of these terms, CYBERBIT may terminate your access to and your use of the Site and the Materials.
7.5 Obligations and duties arising under these terms, which by their nature extend beyond the termination of this Agreement, shall survive any termination and shall remain in effect for a period of one (1) year thereafter.