​These Terms of Use (“Agreement”) govern your access to and use of the websites at http://www.cyberzek.com and any subdomains or affiliate websites (the “Site”) provided by CyberZek, Inc. or our affiliates (“we,” or “us”). Please read this agreement carefully. By accessing or using the Site, you represent and warrant that you are at least 18 years of age and you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement or you are under 18 years of age, you may not access or use the Site. If you are accessing or using the Site 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 “You” or “Your” will refer to such entity. CyberZek’s Privacy Policy is incorporated by reference into this Agreement.

 

User Content

By posting or submitting content on the Site (“User Content”), you hereby grant CyberZek an irrevocable, non-exclusive, royalty-free, and fully-paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use your User Content in any manner and for any purpose. You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content will not infringe, misappropriate, or violate any third-party rights (including any intellectual property rights). You are solely responsible for your User Content.

 

User Guidelines

You represent, warrant, and agree that:

• you will comply with all applicable laws, including privacy laws and intellectual property laws;

• you will not post inappropriate, inaccurate, or objectionable User Content to the Site;

• you will not bully, harass, or advocate harassment of another user or person;

• you will not solicit passwords or personally identifiable information of any kind for

• commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes;

• you will not post User Content that contains “junk mail” or “chain letters”;

• you will not post User Content that is obscene or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

• you will not post or upload any virus, time bomb, worm, corrupted file, or other software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the Site;

• you will not use the Site to do or promote anything that is unlawful, illegal, misleading, defamatory, or libelous; and

• you will not promote, upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not).

If you violate any guideline listed above, any other user guidelines posted on the Site, or any term of this Agreement, or CyberZek believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens to harm third parties, or may create liability for CyberZek or third parties, CyberZek reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing content from the Site, notifying the appropriate authorities regarding the source of such content, barring you from accessing the Site, and terminating your Account.

 

Proprietary Rights

Use of the Site: Subject to the terms and conditions of this Agreement, CyberZek grants you during the term of this Agreement a limited, non-exclusive, non-transferable, revocable license to access and use the Site and download any content made available by CyberZek for download through the Site, in each case solely for (i) your personal, non-commercial purposes, if you are an individual, or (ii) your internal business purposes, if you are a company or other legal entity. You will not: (a) rent, lease, loan, sell, license, or transfer any aspect of the Site or content contained therein (excluding your User Content) (“Site Content”) to any third party; (b) interfere with, disrupt, alter, translate, or modify the Site or any part thereof, or create an undue burden on the Site or the networks or services connected to the Site; (c) reverse engineer, decompile, disassemble, or reverse compile the Site; or (d) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or strip, scrape, or mine data from the Site.

Ownership: CyberZek and its suppliers own the Site, all Site Content, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the Site or the Site Content is strictly prohibited. CyberZek and its suppliers reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement.

Feedback: CyberZek will treat any feedback or suggestions you provide to it as non-confidential and non-proprietary. You grant CyberZek the right to use any feedback or suggestions you provide in any manner and for any purpose without any obligation to compensate you.

 

Third-Party Websites and Services

Our Site contains links to Internet sites and services maintained by third parties. These links are provided for your reference only. We do not control, operate, or endorse in any respect information, products, or services on such third-party sites and are not responsible for such information, products, or services. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. This Agreement and our Privacy Policy only apply to our Site and do not apply to any other site or service.

 

Availability and Modification of Site

CyberZek reserves the right, from time to time, to suspend, modify, or discontinue the Site, in whole or in part, with or without notice. You agree that CyberZek will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Site, in whole or in part.

 

Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Site. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising out of or relating to our termination of this Agreement or your access to and use of the Site. Even after this Agreement is terminated for any reason, any provisions intended by their terms to survive will remain in effect.

 

Warranty Disclaimer

To the extent permitted under applicable law, CyberZek provides the Site and Site Content “AS-IS” and “AS AVAILABLE” and expressly disclaims all warranties, whether express, implied, or statutory, including the warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. CyberZek makes no warranty that the Site or Site Content will be uninterrupted, free of viruses or other harmful code, timely, secure, or error-free. CyberZek does not assume any obligation to monitor activities conducted on the Site.

 

Limitation of Liability

To the extent permitted under applicable law, (a) CyberZek will not be liable for a loss of use, lost profits, or indirect, consequential, exemplary, incidental, special, or punitive damages in connection with the Site, Site Content, or this Agreement, even if CyberZek has been advised of the possibility of such damages, and (b) CyberZek’s total cumulative liability in connection with the Site, Site Content, and this Agreement will at all times be limited to seventy-five U.S. dollars (U.S. $75). The existence of more than one claim will not enlarge this limit. In no event will CyberZek‘s suppliers have a liability under or resulting from this Agreement.

 

User Indemnification

You agree to indemnify and hold CyberZek, its subsidiaries, affiliates, directors, officers,

agents, and employees harmless from any loss, liability, claim, demand, costs, or expenses,

including reasonable attorney’s fees, arising out of or relating to your: (a) User Content; (b) use of the Site; (c) breach of this Agreement; (d) breach or inaccuracy of any of your representations or warranties made under this Agreement; or (e) violation of applicable laws or any of the rights of third parties.

 

User Disputes and Release

You are solely responsible for your interactions with other users. CyberZek reserves the right, but has no obligation, to monitor, or take any action CyberZek deems appropriate regarding, disputes between you and other users. To the extent permitted under applicable laws, you hereby release CyberZek from any and all claims or liability related to (a) any content posted on the Site by you or other users; or (b) the conduct, whether online or offline, of any other user. You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Copyright Policy

You may not post, distribute, or reproduce in any way any CyberZek copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is CyberZek’s policy to, in its sole discretion, terminate access to the Site or use of Site Content of any user who repeatedly infringes the copyright rights of CyberZek or third parties. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. CyberZek’s Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: info@cyberzek.com or CyberZek Inc. office address below.

 

Disclosures

CyberZek is located at 100 E Campus View Blvd Suite 250 Columbus, OH 43235, USA. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

Electronic Communications

The communications between you and CyberZek use electronic means, whether you use the Site or send us emails, or whether CyberZek posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from CyberZek in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CyberZek provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in hardcopy writing. The foregoing does not affect your non-waivable rights.

 

Governing Law; Arbitration

This Agreement, and any claim, dispute, or controversy relating to this Agreement, will be governed by the laws of Delaware, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in Delaware and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) CyberZek Inc. may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.

 

General

The parties are independent contractors. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by CyberZek will be effective only if in writing. Any waiver or failure by CyberZek to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Site and Site Content may contain valuable trade secrets and proprietary information of CyberZek, that any actual or threatened breach of the section discussing content ownership of this Agreement will constitute immediate, irreparable harm to CyberZek for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of the sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. “Includes” and “including” are not limiting.

This Agreement and the Privacy Policy constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral. In the event of a conflict or inconsistency, this Agreement will take precedence and govern.

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Changes

We may amend this Agreement from time to time. If we make material changes to the Agreement, we will notify you by posting the updated terms on the Site. Any changes to this Agreement will be effective immediately for new users of our Site; otherwise, these changes will be effective thirty (30) calendar days following our posting the updated terms on our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgment of, and agreement to be bound by such changes.

 

Trademark and Copyright Notice

CyberZek and other names, slogans, graphics, logos, and trade names used on the Site are the trademarks of CyberZek and may not be used without CyberZek’s permission. Third-party trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners.

 

© 2023 – 2024, CyberZek Inc. All Rights Reserved.