Website Conditions
Attention: please read these terms of use (“terms”) carefully before using this website (“site”). Using this site indicates that you have read and accept these terms. If you do not accept these terms, you are not authorized to use this site. These terms govern your use of the site, any content (such as text, data, information, graphics, or photographs) that CY8.CO company and its subsidiaries (collectively "CY8.CO") may make available through the site (collectively, “materials”) and any services that CY8.CO may provide through the site (collectively, “services”). The site, materials, and services are referred to in these terms collectively as the "CY8.CO website.”
Use of CY8.CO Website
Except as set forth below, CY8.CO authorizes you to use the CY8.CO Website only for your own personal, non-commercial purposes. Use of the CY8.CO Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and CY8.CO, CY8.CO owns the CY8.CO Website. The CY8.CO Website is protected under Swiss and international copyright laws. Any unauthorized use of the CY8.CO Website may violate copyright, trademark, and other laws.
Access to our website
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the CY8.CO Website and for paying all charges related thereto. When you register to open an account anywhere on the CY8.CO Website, or when you contact CY8.CO through the CY8.CO Website for the purpose of receiving products or services, CY8.CO may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your CY8.CO Website account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your CY8.CO Website password and you are solely responsible for all activities that occur under your password. You agree to notify CY8.CO immediately of any unauthorized use of your password or any other breach of security related to the CY8.CO Website. CY8.CO reserves the right to require you to change your password if CY8.CO believes that your password no longer is secure. Access to CY8.CO Website granted under other separately executed agreements by CY8.CO and you shall supersede the terms contained in this Section.
Prohibited uses
You agree not to use the CY8.CO Website (including, without limitation, any Materials or Services you may obtain through your use of the CY8.CO Website): in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); to stalk, harass, or harm another individual; to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or to interfere with or disrupt the CY8.CO Website or servers or networks connected to the CY8.CO Website. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the CY8.CO Website; or attempt to gain unauthorized access to any portion of the CY8.CO Website or any other accounts, computer systems, or networks connected to the CY8.CO Website, whether through hacking, password mining, or any other means.
Website Termination
Except as set elsewhere; CY8.CO may terminate, suspend, or modify your registration with, or access to, all or part of the CY8.CO Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the CY8.CO Website at any time. If you breach any of these terms, your authorization to use the CY8.CO Website automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
Disclaimers
The CY8.CO website is provided "as is" and “with all faults” and the entire risk as to the quality and performance of the CY8.CO website is with you. Should the materials or services prove defective, you, and not CY8.CO, assume the entire cost of all necessary servicing and repair. CY8.CO expressly disclaims all warranties of any kind, whether express, implied, or statutory, with respect to the CY8.CO website (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, CY8.CO makes no warranty that the CY8.CO website will meet your requirements or that the CY8.CO website will be uninterrupted, timely, secure, or error free or that defects in the CY8.CO website will be corrected. CY8.CO makes no warranty as to the results that may be obtained from the use of the CY8.CO website or as to the accuracy or reliability of any information obtained through the CY8.CO website. No advice or information, whether oral or written, obtained by you through the CY8.CO website or from CY8.CO, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “the CY8.CO parties”) shall create any warranty. CY8.CO disclaims all equitable indemnities.
Limitation of liability
In no event will any of the CY8.CO parties be liable for any indirect, special, consequential, punitive, or exemplary damages or any damages whatsoever in excess of one one EURO (EUR1.00) (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of use, business interruption, or other intangible losses), arising out of or in connection with the CY8.CO website (including, without limitation, use, inability to use, or the results of use of the CY8.CO website), whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any CY8.CO party has been advised (or should have known) of the possibility of such damages.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any CY8.CO Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the CY8.CO Party’s liability shall be the minimum permitted under such applicable law.
Modifications and changes to the CY8.CO Website
CY8.CO reserves the right to modify, suspend, or discontinue the CY8.CO Website at any time without notice to you. For example, CY8.CO may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and CY8.CO makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local CY8.CO business contact for information regarding the products, programs, and services that may be available to you.
User submissions
Certain areas of the CY8.CO Website (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to CY8.CO an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to - use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and - use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that CY8.CO deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). CY8.CO reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. CY8.CO may, but is not obligated to, pre-screen User Submissions or monitor any area of the CY8.CO Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. CY8.CO is not required to host, display, or distribute any User Submissions on or through the CY8.CO Website and may remove at any time or refuse any User Submissions for any reason. CY8.CO is not responsible for any loss, theft, or damage of any kind to any User Submissions. CY8.CO does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that CY8.CO will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. CY8.CO does not guarantee that you will have any recourse through CY8.CO or any third party to edit or delete any User Submission you have submitted. By submitting any User Submission, you represent and warrant that: you are at least 13 years old you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to CY8.CO the rights in your User Submissions described herein; you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions; you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to CY8.CO described herein; your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party; you voluntarily agree to waive all "moral rights" that you may have in your User Submission; any information contained in your User Submission is not known by you to be false, inaccurate, or misleading; your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy; you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission; your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own); your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files; your User Submission does not contain any information that you consider confidential, proprietary, or personal; and your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Links to third-party websites
Links on the CY8.CO Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the CY8.CO Website. CY8.CO is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, CY8.CO does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the CY8.CO Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent CY8.CO’s written authorization otherwise, a website that links to this Site: may link to, but shall not replicate, any Materials (including any CY8.CO logo); shall not create a browser or border environment around any Materials; shall not imply that CY8.CO endorses such website or any products, services, or content available through such website; shall not misrepresent its relationship with CY8.CO; shall not present false or misleading information about CY8.CO, its products, or its services; shall not contain content that could be construed as distasteful, offensive, or controversial; and shall contain only content that is appropriate for all age groups.
Indemnification
You agree to indemnify, defend, and hold harmless the CY8.CO Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these terms . CY8.CO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CY8.CO’s defense of such claim.
Electronic communications
When you visit the Site or send e-mails to CY8.CO, you are communicating with CY8.CO electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that CY8.CO provides to you electronically satisfy any legal requirement that such communications be in writing.
General
These terms, together with any additional terms to which you agree when using particular elements of the CY8.CO Website, constitute the entire and exclusive and final statement of the agreement between you and CY8.CO with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and CY8.CO with respect to such subject matter. The CY8.CO Parties are third party beneficiaries with respect to the provisions in these terms that reference them. These terms and the relationship between you and CY8.CO shall be governed by the laws of Switzerland as applied to agreements made, entered into, and performed entirely in Switzerland by Swiss residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these terms or your use of the CY8.CO Website shall be brought in the State courts located in Geneva, Switzerland, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of CY8.CO to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of CY8.CO and you as reflected in the provision, and that the other provisions of these terms remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. These terms shall remain in full force and effect notwithstanding any termination of your use of the CY8.CO Website. These terms will be interpreted without application of any strict construction in favor of or against you or CY8.CO. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CY8.CO without restriction.
Modifications to these terms
CY8.CO may, in its sole and absolute discretion, change these terms from time to time. CY8.CO will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the CY8.CO Website. Continued use of the CY8.CO Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these terms may be superseded by expressly-designated legal notices or terms located on particular pages of the CY8.CO Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these terms and to supersede the provision(s) of these terms that are designated as being superseded.
