When you open an account with Cyfin Technologies, you also will be subject to any Customer Agreement or other similar agreement governing your use of our services.
Visiting the Acebusters Site or sending emails to the Cyfin Technologies constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on Acebusters Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cyfin Technologies is not responsible for third party access to your account that results from theft or misappropriation of your account. Cyfin Technologies and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Cyfin Technologies does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use the Acebusters Site and enter into a Customer Agreement only with permission of a parent or guardian.
Third Party Services
The Acebusters Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cyfin Technologies and Cyfin Technologies is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cyfin Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cyfin Technologies of the site or any association with its operators.
Certain services made available via Acebusters Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Acebusters Site domain, you hereby acknowledge and consent that Cyfin Technologies may share such information and data with any third party with whom Cyfin Technologies has a contractual relationship to provide the requested product, service or functionality on behalf of Acebusters Site users and customers.
Prohibited Uses and Intellectual Property
All content included on the Acebusters Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Acebusters Site, is the property of Cyfin Technologies or its suppliers and protected by copyright, Trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Acebusters Site. Cyfin Technologies content is not for resale. Your use of the Acebusters Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Cyfin Technologies and the copyright owner. You agree that you do not acquire any ownership rights in any protected content.
Unless otherwise indicated, all Cyfin Technologies content is the property of the Cyfin Technologies or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to you under the terms of the MIT License. (currently available at: http://opensource.org/licenses/mit-license.php). By downloading or otherwise accessing such Cyfin Technologies content, you agree to comply with all the terms of the MIT license.
The Acebusters Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Cyfin Technologies has no obligation to monitor the Communication Services. However, Cyfin Technologies reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cyfin Technologies reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Cyfin Technologies reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cyfin Technologies’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cyfin Technologies does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cyfin Technologies specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Cyfin Technologies does not immediately claim ownership of the materials you provide to Acebusters Site (including feedback and suggestions) or post, upload, input or submit to any Acebusters Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Cyfin Technologies, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Cyfin Technologies is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Cyfin Technologies’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
We may permit you, from time to time, to connect your Cyfin Technologies account to third party services or accounts. By connecting your Cyfin Technologies account to a third party services or accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
You agree that you will not use Cyfin Technologies content accessed through the Acebusters Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Cyfin Technologies, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Cyfin Technologies reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cyfin Technologies in asserting any available defenses.
Disclaimer of Certain Liabilities
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CYFIN TECHNOLOGIES SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CYFIN TECHNOLOGIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CYFIN TECHNOLOGIES SITE AT ANY TIME.
CYFIN TECHNOLOGIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CYFIN TECHNOLOGIES SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CYFIN TECHNOLOGIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYFIN TECHNOLOGIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CYFIN TECHNOLOGIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
##Termination/access restriction Cyfin Technologies reserves the right, in its sole discretion, to terminate your access to the Acebusters Site and its related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, and you hereby consent to the exclusive jurisdiction and venue of courts within the State of New York. In all disputes arising out of or relating to the use of the Acebusters Site. Use of the Acebusters Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cyfin Technologies as a result of this agreement or use of the Acebusters Site. Cyfin Technologies’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cyfin Technologies’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cyfin Technologies with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cyfin Technologies with respect to the Acebusters Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cyfin Technologies with respect to the Acebusters Site, except for any Customer Agreement into which you enter with Cyfin Technologies. In the case of any conflict, the terms of that Customer Agreement will control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Cyfin Technologies that your copyrighted material has been infringed.
- 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 upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A 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;
- 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.
Cyfin Technologies’s Copyright Agent for notice of claims of copyright infringement can be reached at the addresses listed in the “Contact Us” section below.
Reviews and Comments
We may, from time to time, permit you or other visitors to post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cyfin Technologies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Changes to Terms
Cyfin Technologies reserves the right, in its sole discretion, to change the Terms under which Acebusters Site is offered. The most current version of the Terms will supersede all previous versions. Cyfin Technologies encourages you to periodically review the Terms to stay informed of our updates.
Cyfin Technologies welcomes your questions or comments regarding the Terms via email at email@example.com