Welcome to XYBER! These Terms of Use (“Terms”) govern your use of our website located at https://www.xyber.in and our mobile application, XYBER (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Account Creation. For you to use our Services, you have to start an account and provide information about yourself. You warrant that:
(a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on our Website or Mobile Application. XYBER may suspend or terminate your Account in accordance with Section.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify XYBER of any unauthorized use, or suspected unauthorized use of your Account. XYBER cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Subject to these Terms. XYBER grants you a non-transferable, non-exclusive, revocable, limited license to access our Website and Mobile Application solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions:
(a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our Services;
(b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of our Services;
(c) you shall not access our Services in order to build a similar or competitive website or mobile application; and
(d) except as expressly stated herein, no part of our Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of our Services shall be subject to these Terms. All copyright and other proprietary notices on our Services must be retained on all copies thereof.
XYBER reserves the right to change, suspend, or cease our Services with or without notice to you. You approved that XYBER will not be held liable to you or any third-party for any change, interruption, or termination of our Services or any part.
No Support or Maintenance. You agree that XYBER will have no obligation to provide you with any support in connection with our Services.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in our Services and its content are owned by XYBER or XYBER's suppliers. Note that these Terms and access to our Services do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. XYBER and its suppliers reserve all rights not granted in these Terms.
User Content. “User Content” means any and all information and content that a user submits to our Services. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by XYBER. Because you alone are responsible for your User Content, you may expose yourself to liability. XYBER is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to XYBER an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in our Services. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use our Services to collect, upload, transmit, display, or distribute any User Content
(i) that violates any third-party right or any intellectual property or proprietary right;
(ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to:
(i) upload, transmit, or distribute to or through our Services any software intended to damage or alter a computer system or data;
(ii) send through our Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages;
(iii) use our Services to harvest, collect, gather or assemble information or data regarding other users without their consent;
(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to our Services, or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to our Services, whether through password mining or any other means;
(vi) harass or interfere with any other user's use and enjoyment of our Services; or
(vi) use software or automated agents or scripts to produce multiple accounts on our Services, or to generate automated searches, requests, or queries to our Services.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
If you provide XYBER with any feedback or suggestions regarding Services, you hereby assign to XYBER all rights in such Feedback and agree that XYBER shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. XYBER will treat any Feedback you provide to XYBER as non-confidential and non-proprietary.
You agree to indemnify and hold XYBER and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of
(a) your use of our Services,
(b) your violation of these Terms,
(c) your violation of applicable laws or regulations or
(d) your User Content.
XYBER reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of XYBER. XYBER will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads. our Services may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of XYBER, and XYBER is not responsible for any Third-Party Links & Ads. XYBER provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Other Users. Each user of our Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that XYBER will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any our Services user, we are under no obligation to become involved.
You hereby release and forever discharge XYBER and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, our Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons. Like any other website and mobile application, our Services uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on our Services that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our content based on visitors' browser type and/or other information.
Google DoubleClick DART Cookie. Google is one of a third-party vendor on our Services. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to our Services and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads
Our Advertising Partners. Some of advertisers on our Services may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data.
The Service is provided on an “as-is” and “as available” basis, and XYBER and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to our Services, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall XYBER or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if XYBER has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of five thousand Indian Rupee (INR 5000). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use our Services. We may suspend or terminate your rights to use our Services at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. XYBER will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
XYBER respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Services who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Services. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution.
