Cybernetcentral Terms & Conditions
ALL PERSONS UNDER THE AGE OF 13 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 13 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS UNDER THE AGE OF 13.
Use of our services constitutes acceptance of the Terms of Service, as so published.
ACCEPTANCE OF TERMS
Cybernetcentral provides its services subject to certain terms and conditions including the terms set out below. Collectively, these are the "Terms of Service" or "TOS". All of these may be revised by Cybernetcentral from time to time, without notice, and will be posted as amended on our site.
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as "Website or CNC/Cybernetcentral."
THE CNC/Cybernetcentral TERMS OF SERVICE
CNC/Cybernetcentral provides its users with communications tools, forums, events and other services. These features, and any new features adopted by CNC/Cybernetcentral, (collectively, the "Services") are subject to the TOS. You understand and agree that the CNC/Cybernetcentral services are provided "AS IS" and that CNC/Cybernetcentral does not assume any responsibility for the content of any of these communications, or for the deletion or failure to display or store any user communications.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CNC/Cybernetcentral, are entirely responsible for all Content that you upload,Download to make available, post, email or otherwise transmit via the Service. CNC/Cybernetcentral does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CNc/Cybernetcentral be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not knowingly or intentionally use CNC/Cybernetcentral to:
a. upload, make available, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a CNC/Cybernetcentral employee, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers including copyright management information in order to disguise the origin of any Content transmitted through the Service;
e. upload,download or make available, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual agreement or relationship;
f. upload, make available, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, make available, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "multi-level marketing" or any other form of solicitation, except in those areas or groups that may be designated for such purpose;
h. upload, make available, post, email or otherwise transmit 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law; or
l. "stalk" or otherwise harass another user.
You acknowledge that CNC/Cybernetcentral does not pre-screen Content, but that CNC/Cybernetcentral and its designees shall have the right (but not the obligation) in their sole discretion to take action based upon any violation of the TOS or law, including refusing any Content that is available via the Service or denying further access. Without limiting the foregoing, CNC/Cybernetcentral and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the making available, downloading or use of any Content.
You acknowledge and agree that CNC/Cybernetcentral may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CNC/Cybernetcentral, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
USERNAME, PASSWORD AND SECURITY
You will create a username and password upon completing the registration process. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your username and password. You agree to immediately notify CNC/Cybernetcentral of any unauthorized use of your username or password or any other breach of security. You agree that CNC/Cybernetcentral cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Recognizing the global nature of the Internet, you agree to comply with all rules for your local areas regarding online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
MATERIALS PROVIDED TO CNC/Cybernetcentral OR POSTED ON ANY CNC/Cybernetcentral SERVICE.
CNC/Cybernetcentral does not claim ownership of the materials, in any format including, but not limited to, text, images, photographs, audio, or video, that you provide to CNC/Cybernetcentral (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are, subject to the privacy provisions provided herein, granting CNC/Cybernetcentral, its affiliated companies and sub-licensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all CNC/Cybernetcentral Services), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
You additionally warrant that each person depicted or recorded in such Submissions, if any, has provided consent to the use of the Submissions as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Submissions, or that their consent is not required by law for the uses described above.
No compensation will be paid with respect to the use of your Submission, as provided herein. CNC/Cybernetcentral is under no obligation to post or use any Submission you may provide and CNC/Cybernetcentral may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions, or that you have a license to such rights, or that such rights are covered by fair use.
You agree to indemnify and hold CNC/Cybernetcentral, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you make available, submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE RIGHTS
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any use of or access to the CNC/Cybernetcentral Service.
ANTI-SPAM POLICY AND ACCEPTABLE USE
While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of CNC/Cybernetcentral in conjunction with the sending of unsolicited email, or cause to be used CNC/Cybernetcentral equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that CNC/Cybernetcentral network addresses or CNC/Cybernetcentral-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email.
Other prohibited methods of advertising or promoting your involvement with CNC/Cybernetcentral include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to CNC/Cybernetcentral Support using the form in the Frequently-Asked Questions area.
NO AUTOMATED WEB SITE ACCESS
You may not send automated requests of any sort to the CNC/Cybernetcentral system without express permission in advance from CNC/Cybernetcentral. Note that 'sending automated requests' includes, among other things: 1) using any software which sends requests to CNC/Cybernetcentral to determine meta-data on members or data, 2) "meta-searching" CNC/Cybernetcentral, and 3) performing "offline" searches or accesses of CNC/Cybernetcentral.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CNC/Cybernetcentral may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message or attachment that may be sent from or received by an account on the Service, the maximum disk space that may be allotted on the CNC/Cybernetcentral servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CNC/Cybernetcentral has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that CNC/Cybernetcentral reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
CNC/Cybernetcentral reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CNC/Cybernetcentral shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that CNC/Cybernetcentral, in its sole discretion, may terminate your user access, registration, password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if CNC/Cybernetcentral believes that you have violated or acted inconsistently with the letter or spirit of the TOS. CNC/Cybernetcentral may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without Notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that CNC/Cybernetcentral may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that CNC/Cybernetcentral shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CNC/Cybernetcentral shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links or other means to obtain access to information from other persons, World Wide Web sites or resources. Because CNC/Cybernetcentral has no control over such persons, sites and resources, you acknowledge and agree that NNF / NNM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CNC/Cybernetcentral shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
CNC/Cybernetcentral PROPRIETARY RIGHTS
You acknowledge and agree that the Service, the CNC/Cybernetcentral Web Site, and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CNC/Cybernetcentral or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the CNC/Cybernetcentral Site, or the Software, in whole or in part.
CNC/Cybernetcentral grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by CNC/Cybernetcentral for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CNC/CYBERNETCENTRAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CNC/CYBERNETCENTRAL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CNC/CYBERNETCENTRAL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CNC/CYBERNETCENTRAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CNC/CYBERNETCENTRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via posting on the CNC/Cybernetcentral website, email or regular mail. The Service may also provide notices of changes to the TOS or other matters, although there is no requirement to do so, by displaying notices or links to notices to you generally on the Service.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his/her own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county designated by CNC/cybernetcentral.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION, VENUE and APPLICABLE LAW
The name CNC/Cybernetcentral and CNC/Cybernetcentral service mark are trademarks of CNC/Cybernetcentral (the "CNC/Cybernetcentral Marks"). You agree not to use in commerce any of the CNC/Cybernetcentral Marks without the explicit permission of CNC/Cybernetcentral..
COPYRIGHTS and COPYRIGHT AGENTS
CNC/Cybernetcentral respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact CNC/Cybernetcentral as set forth below.
CNC/Cybernetcentral respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You should be aware that some files may have been created or distributed without copyright owner authorization. As a condition to your account with CNC/Cybernetcentral, you agree that you will not use the CNC/Cybernetcentral service to infringe the intellectual property rights of others in any way.
CNC/Cybernetcentral has the right to terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, CNC/Cybernetcentral reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the CNC/Cybernetcentral service, or if CNC/Cybernetcentral believes that user conduct is harmful to the interests of CNC/Cybernetcentral, its affiliates, or other users, or for any other reason in its sole discretion, with or without cause.
In accordance with the U.S. Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/), CNC/Cybernetcentral will respond expeditiously to claims of copyright infringement committed using the CNC/Cybernetcentral service that are reported to CNC/Cybernetcentral.
Claims of infringement should be in writing and should be directed to CNC/Cybernetcentral as noted below. Please include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and email 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.
You may direct questions and any violations (Copyright, TOS), to us through the Customer Service or Contact link on the home page of the website.
email address CNC or Contact Link ---->Contact us
or by postal mail to:
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