EFFECTIVE DATE: April 1, 2018
2. AGE RESTRICTIONS
Cypher Zero Inc.’s Services are not intended to be used by children under 13 years of age. By using the Services, you represent to Cypher Zero Inc. that you are over 13 years old and that you are legally able to enter into this agreement. If we learn or have reason to suspect that a user is under age 13, we will promptly delete any information. If you are between 13 and 18 years of age, you represent that you have permission from your parent or legal guardian to use our Services.
3. YOUR INFORMATION
4. LET US KNOW IF OTHERS ARE NOT RESPECTING YOUR INTELLECTUAL PROPERTY RIGHTS
Cypher Zero Inc. is committed to protection of your intellectual property rights. Cypher Zero Inc. has procedures in place regarding allegations of copyright infringement occurring on our Services. Cypher Zero Inc. reserves the right to suspend and/or terminate the account of any user who is found to have infringed on your rights, the rights of Cypher Zero Inc., or the rights of a third party, or otherwise violated any intellectual property laws. Cypher Zero Inc.’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have a good faith belief that your rights or the rights of a third party have been violated on our Services and you want us to delete, edit, or disable the material in question, you must provide Cypher Zero Inc. with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Cypher Zero Inc.’s designated agent at firstname.lastname@example.org.
5. PLEASE RESPECT OTHERS’ INTELLECTUAL PROPERTY RIGHTS
In using the Services, you agree to respect the intellectual property rights of others. You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s intellectual property or proprietary rights. In the unfortunate event that you do not respect a third party’s intellectual property or proprietary rights, you shall be solely responsible for any violations of relevant laws and for infringements of third party rights caused by any content that is provided or transmitted using your username.
6. WE DO NOT CONTROL THIRD PARTY SITES AND APPLICATIONS
Cypher Zero Inc. has no control over any third party websites, applications, materials, or data. Because Cypher Zero Inc. does not have control over the content and performance of these third parties, we make no guarantees about the accuracy, currency, content, or quality of the information provided by them. Cypher Zero Inc. assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
7. TERMINATION OF YOUR ACCOUNT BY YOU
8. TERMINATION OF YOUR ACCOUNT BY US
9. USERNAME AND PASSWORD
To provide the Services, Cypher Zero Inc. may require you to create an account with a username and password. You are solely responsible for keeping your password confidential. You may not use the account, username, or password of someone else and you agree to notify Cypher Zero Inc. immediately of any unauthorized use of your account, username, or password. Cypher Zero Inc. shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
10. USE OF THE SERVICES IN AN IMPROPER MANNER
Cypher Zero Inc. imposes certain restrictions on your permissible use of our Services because we want to ensure the proper functionality of the Services for all of our users. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; (d) forging/spoofing any network and/or connection parameters or any part of the header information in any e-mail or in any posting using the Services; and (e) any deliberate attempt to overload, disrupt or otherwise harm our Services.
11. INAPPROPRIATE CONTENT
You shall not make inappropriate content available on the Services, including, but not limited to: libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post this type of inappropriate content, Cypher Zero Inc. may remove such content from its servers, and if warranted, terminate your account.
The software in Cypher Zero Inc.’s Services, including all files and images contained in or generated by the application, and accompanying data (“Software”) are the property of Cypher Zero Inc.. As part of these Terms, Cypher Zero Inc. grants you a nonexclusive, nontransferable, and revocable license to use the Software for your personal home use. You may not use the Software for non-personal, commercial use. You may not sell, redistribute, or reproduce the Software. You also may not decompile, reverse-engineer, disassemble, or otherwise convert the Software without the permission of Cypher Zero Inc.. This section does not apply to any component of Software that may be offered under an open source license. Upon request, we will happily provide you with a copy of any open source license that is a component of Cypher Zero Inc.’s Software.
13. DISCLAIMER OF WARRANTIES; "AS IS"
We intend to provide you with a fulfilling user experience, but we can’t guarantee that to you. Cypher Zero Inc. IS MAKING THE APPLICATION AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, Cypher Zero Inc. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APPLICATION. Cypher Zero Inc. DOES NOT WARRANT THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Cypher Zero Inc. SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
In the event that someone brings a claim against us related to your actions, content, or information on Cypher Zero Inc.’s application, you agree to indemnify, defend, and hold Cypher Zero Inc. and its agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. Cypher Zero Inc. will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
16. GOVERNING LAW
These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions.
17. RESOLVING DISPUTES
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by email@example.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Company may bring a formal proceeding.
We Both Agree To Arbitrate. You and Company agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or Company may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County (CA). Both you and Company consent to venue and personal jurisdiction there.
18. SEVERABILITY AND WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. Cypher Zero Inc.’s failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. CHANGES TO THESE TERMS
Cypher Zero Inc. reserves the right to change these Terms from time to time. Any time that we plan on making a change to these Terms in any manner that will significantly change your rights, we will notify you to changes made. If you continue to use the Services after that 30 day period, you consent to the new Terms. Cypher Zero Inc. will always have the latest Terms posted on the website.
20. HEADINGS IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.