Terms of Use
Acceptance of terms
The following consists of the terms and conditions governing the access to and use of Cybrotech Digiventure Pvt. Ltd. or https://cybrotech.us (“Cybrotech”) web site and the information, tools, features and functionality available on the Site (the “Site”). By accessing this Site, you acknowledge that you have read, understand, and agree to abide by the terms described herein. If you do not understand or agree to these terms, you should immediately exit this Site. If you continue using this Site you accept and agree to these Terms of Use.
These Terms of Use are a binding agreement between you and Cybrotech. Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. Cybrotech may modify these Terms of Use at any time and without prior notice. You should review the most current version of this document by visiting www.cybrotech.us and clicking on Terms of Use.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN DO NOT USE THE CYBROTECH WEBSITE.
Limited license to access the Site
Subject to the terms and conditions set forth herein, Cybrotech hereby grants to you, and you accept, a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Site, only in accordance with these Terms of Use. This license shall be granted until terminated in accordance with these Terms of Use.
Title and ownership
As between you and Cybrotech, all Intellectual Property Rights (hereinafter defined) evidenced by or embodied in and/or attached/connected/related to the Site, are and shall be owned exclusively by Cybrotech. These Terms of Use do not convey to you an interest in or to the Site, but only a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited right of use in accordance with these Terms of Use. The rights granted by these Terms of Use are limited to those expressly stated herein, and no additional rights or licenses are being granted by implication or otherwise. “Intellectual Property Rights” means all worldwide (a) patents, patent applications and patent rights; (b) rights associated with works of authorship, including copyrights, copyright applications, copyright restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
Access requirements and restrictions
You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, hardware, software, services and material that are required to access this Site. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment and any communications or other charges incurred by you to access the Site.
Protection of information
You are solely responsible for any information you provide in connection with this Site and your use thereof. You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer.
Limitations on use
You agree that if, at Cybrotech’s sole discretion, you are deemed to have violated these Terms of Use, or if Cybrotech, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Cybrotech’s systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Cybrotech may suspend or terminate your access to the Site without notice to or liability to you.
Unless you have obtained Cybrotech’s prior written permission, you may not:
· Impersonate any person or entity, including but not limited to an Cybrotech official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; Upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· Upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or the like;
· Upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
· Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
· Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
· Use the Site to harm minors in any way;
· Violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian Government like Information Technology Act,2000, or any rules of any national or other securities exchange, including, without limitation, the BSE, or the NSE, and any regulations having the force of law;
· Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian Government as a foreign terrorist organization;
· “Stalk” or otherwise harass another; or
· Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating “Crush” sites.
Eligibility
Without limiting the foregoing, the Site is not available where it is illegal to use or access, and Cybrotech reserves the right to refuse and/or cancel access to the Site to anyone at its own discretion.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site.
You agree to comply with all export laws and restrictions and regulations of the Department of Commerce or other Indian or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the Indian government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms of Use are contingent on your compliance with this provision.
IF YOU DO NOT QUALIFY OR COMPLY, PLEASE DO NOT USE THIS SITE.
Content and links
Cybrotech transfers, presents and offers content uploaded or sent by Cybrotech and/or your users or from third party providers (referred to hereinafter for the purpose of this Section as: the “Content”). Cybrotech does not endorse or approve the content, and we make it available to you only as a service and convenience. Cybrotech and its third-party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the content or warrant any results from your use or reliance on the content. The content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Cybrotech nor the third-party providers are obligated to update any information or opinions contained in any of the content. Cybrotech may discontinue offering any content on the Site at any time without notice.
Although this Site may contain links to third party sites, Cybrotech is not responsible for the content or privacy policies employed by any linked sites. Cybrotech provides these links as a convenience and does not endorse the companies or Contents of any linked sites. Cybrotech bears no liability for the content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein. The third-party content may be protected by copy right laws and its usage will be governed by applicable laws. Cybrotech is only providing access to the content and the compliance as to IPR laws or any other laws is sole responsibility of users.
No recommendations or advice provided
Cybrotech does not make recommendations or offer investment advice of any kind. Cybrotech provides the content of the Site for information and education purposes only and assumes no responsibility therefore. Although Cybrotech may provide data, information and content, you should not construe any such information as advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any such information.
Site access
If this Site is not available for any period or any time, Cybrotech shall not be liable. Cybrotech gives no warranties as to the accessibility, performance, or availability of the Site. Temporary suspension of access to this Site may occur without notice at Cybrotech’s discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond Cybrotech’s control. Cybrotech reserves the right to suspend the operation of the Site or any part thereof, at any time for any reason.
You agree that neither Cybrotech nor its third-party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Site.
Copyright
All content included on this Site, such as text, graphics, logos, trademarks, service marks, designs, button icons, images, audio clips, digital downloads, data compilations, copyrighted materials and software, is the property of Cybrotech or its content suppliers and/or customers and/or partners, and is protected by applicable copyright laws. The compilation of all content on this site is the exclusive property of Cybrotech and protected by copyright laws. Any unauthorized copying, reuse, or distribution of the abovementioned copyrighted materials, without obtaining Cybrotech’s prior written consent, is strictly forbidden. All software and other related Intellectual Property Rights used on this Site are the property of Cybrotech or its software suppliers and protected by copyright laws.
Trademarks and service marks
Cybrotech™, the Cybrotech logo, and other Cybrotech graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Cybrotech or its subsidiaries, affiliates or group companies. Cybrotech’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Cybrotech’s, in any manner without Cybrotech’s express, written permission. All other trademarks not owned by Cybrotech or its subsidiaries that appear on Cybrotech.us are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cybrotech or its subsidiaries.
Privacy policy
Cybrotech recognizes and respects the importance of protecting the privacy of all information provided by users. Cybrotech collects and stores information about users and Sites. Please read our Privacy Policy.
Submitting e-mail addresses
Cybrotech periodically sends out e-mail newsletters and other announcements to our users about services. If you wish to cease doing so please contact us cxocybrotech.in
Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, CYBROTECH AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, AGENTS, LICENSORS, SUB-CONTRACTS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND ANY SERVICES AVAILABLE ON OR THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY EXPRESSED OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CYBROTECH MAKES NO WARRANTY THAT:
1. THE SITE WILL MEET YOUR REQUIREMENTS;
2. THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
4. THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS
5. ANY ERRORS ON THE SITE WILL BE CORRECTED;
6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE SITE ARE CORRECT AND ACCURATE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH CONTENT;
7. THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS: AND
8. THAT THE APPLICABLE SITE TO WHICH YOUR TRAFFIC IS ROUTED WILL BE AVAILABLE AT ALL TIMES, UNINTERRUPTED OR FREE FROM DOWNTIME OR INOPERABILITY.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Limitation of liability
CYBROTECH AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUB-CONTRACTS AND SUPPLIERS ARE NOT AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF CYBROTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT CYBROTECH HAS OFFERED ITS SITE, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CYBROTECH, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CYBROTECH. CYBROTECH WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Indemnification
You agree to indemnify, defend and hold harmless Cybrotech, its officers, directors, employees, stockholders, affiliates, agents and suppliers, from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Site.
Termination
You agree that Cybrotech, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Site. You agree that any termination of your access to the Site you may have or portion thereof may be effected without prior notice, and you agree that Cybrotech will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Cybrotech may have at law or in equity.
Miscellaneous
Notice. You agree to accept notices, including those regarding changes to Cybrotech’s terms and conditions, by email, regular mail or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless Cybrotech is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
Waiver. The failure of Cybrotech to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Cybrotech.
Applicable law and jurisdiction. These Terms of Use are governed by the laws of India, without regard to the conflict of law’s provisions thereof. The exclusive jurisdiction and venue of any action with respect to these Terms of Use shall be the competent courts of Delhi, India and Cybrotech and you hereby submits to the exclusive jurisdiction and venue of such courts for the purpose of any such action.
Claims. YOU AND CYBROTECH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CYBROTECH SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Severability. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cybrotech without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.
Survival. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the following Sections: Content and links, Copyright, Disclaimers, Limitation of liability, Indemnification and Miscellaneous.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
Entire agreement. This and the Privacy Policy posted elsewhere on the site hereto as an integral part hereof are the entire agreements between you and Cybrotech relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Use by Cybrotech as set forth herein.