This agreement is between you and CyberXLTR. (“CyberXLTR”), an Ontario corporation.
This “Terms of Service” (ToS) governs our relationship with users and others who interact with International Initiatives for Creative Innovators and Entrepreneurs (CyberXLTR). By using or accessing the CyberXLTR web portal, you agree to this ToS.
1. About International Initiatives for Creative Innovators and Entrepreneurs (CyberXLTR) web portal
The International Initiatives for Creative Innovators and Entrepreneurs (CyberXLTR) web portal, located at www.cyberxltr.com, provides users access to a rich collection of Innovation and Entrepreneurship resources and community. By using our website, you also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to continue to provide the Service. Unless explicitly stated otherwise, any new feature that augments or enhances the current Service, including the release by us of any new features, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Sharing Your Content and Information
You own all the content and information you post on the CyberXLTR web portal, and you can control how it is shared through your privacy and application settings. In addition:
1. For content that is covered by intellectual property rights, like blogs, webcasts, podcasts, photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with CyberXLTR (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner like emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period (but will not be available to others).
3. When you use another service on the CyberXLTR web portal, your content and information is shared with the Service Provider. We require various Service Providers to respect your privacy, and your agreement with that Service Provider will control how the Service can use, store, and transfer that content and information.
4. When you publish content or information publicly, it means that you are allowing everyone, including people who are not members of CyberXLTR, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about the CyberXLTR web portal, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep the CyberXLTR web portal safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on the CyberXLTR web portal.
2. You will not collect users' content or information, or otherwise access the CyberXLTR web portal, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the CyberXLTR web portal.
4. You will not upload viruses or other malicious code on the CyberXLTR web portal.
5. You will not solicit login information or access an account belonging to someone else on the CyberXLTR web portal.
6. You will not bully, intimidate, or harass any user on the CyberXLTR web portal.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence on the CyberXLTR web portal.
8. You will ensure that all applicable laws are followed if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on the CyberXLTR web portal.
9. You will not use the CyberXLTR web portal to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of the CyberXLTR web portal, such as a denial-of-service attack.
11. You will not facilitate or encourage any violations of this ToS.
Registration and Account Security
All users on the CyberXLTR web portal must provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on the CyberXLTR web portal or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile on the CyberXLTR web portal.
3. If we disable your account on the CyberXLTR web portal, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
5. You will not use the CyberXLTR web portal if you are under the age of 18.
6. You will not use the CyberXLTR web portal if you are a convicted criminal.
7. You will keep your contact information on the CyberXLTR web portal accurate and up to date.
8. You will not share your password, let anyone else access your CyberXLTR web portal account, or do anything else that might jeopardize the security of your CyberXLTR web portal account.
9. You will not transfer your CyberXLTR web portal account to anyone without first getting our written permission.
10. If you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights and expect you to do the same.
1. You will not post content or take any action on the CyberXLTR web portal that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on the CyberXLTR web portal if we believe that it violates this ToS.
3. We will provide you with tools to help you protect your intellectual property rights.
4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including CyberXLTR), or any confusingly similar marks, without our written permission.
8. You will not post anyone's identification documents or sensitive financial information on the CyberXLTR web portal.
9. You will not tag users or send email invitations to non-users without their consent.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on the CyberXLTR web portal within 48 hours (about 2 days) to ensure that your messages are not sent to the person who acquires your old number.
You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on the CyberXLTR web portal, as well as your name and profile picture.
You agree to indemnify and hold CyberXLTR, and our 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 submit, post, transmit or make available 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.
8. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
9. General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our 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 we have 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 acknowledge that we reserve the right to log off accounts that are inactive for an extended period and to remove accounts entirely that are not active for an extended period. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
10. Payments and Deals
1. If you make a payment on the CyberXLTR web portal, you agree to our Payments Terms.
2. If purchase a Service, you agree to the Service Providers Terms.
3. If you provide a Service or partner with us to provide a Service, you agree to the Merchant Service Terms in addition to any other agreements you may have with us.
11. About Advertisements and Other Commercial Content Served or Enhanced by CyberXLTR
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. To do that, you agree to the following:
1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
12. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on the CyberXLTR web portal. The following additional terms apply to you if you place an order through our online advertising portal (Order):
1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
3. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
4. Your ads will comply with our Advertising Guidelines.
5. We will determine the size, placement, and positioning of your ads.
6. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
7. We cannot control how people interact with your ads and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do, however, have systems to detect and filter certain suspicious activity, learn more here.
8. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads.
9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
10. We can use your ads and related content and information for marketing or promotional purposes.
11. You will not issue any press release or make public statements about your relationship with CyberXLTR without written permission.
12. We may reject or remove any ad for any reason.
13. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
1. You warrant that you have the legal authority to bind the advertiser to this ToS.
2. You agree that if the advertiser you represent violates this ToS, we may hold you responsible for that violation.
1. We can change this ToS if we provide you notice and an opportunity to comment.
2. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this ToS, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of CyberXLTR to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this ToS shall terminate, but all effective provisions will still apply
1. You will resolve any claim, cause of action or dispute (claim) you have with CyberXLTR arising out of or relating to this ToS or the CyberXLTR web portal exclusively in the Province of Ontario, Canada. The laws of the Ontario, Canada will govern this ToS, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Ontario, Canada for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content, or information on CyberXLTR, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP THE CyberXLTR WEB PORTAL UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE CyberXLTR WEB PORTAL AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE CyberXLTR WEB PORTAL WILL BE SAFE OR SECURE. CyberXLTR IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS TOS OR CyberXLTR, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS TOS OR CyberXLTR WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CyberXLTR's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Special Provisions Applicable to Users outside Ontario, Canada
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside Ontario, Canada:
1. You consent to having your personal data transferred to and processed in Ontario, Canada.
1. By the CyberXLTR web portal, we mean the features and services we make available, including through (a) our website at www.cyberxltr.com and any other CyberXLTR branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Services; (c) our plugins and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By Services, we mean any feature that enables others to retrieve data from the CyberXLTR web portal or provide data to us.
3. By information we mean facts and other information about you, including actions you take.
4. By content we mean anything you post on the CyberXLTR web portal that would not be included in the definition of information.
5. By data we mean content and information that third parties can retrieve from the CyberXLTR web portal or provide to the CyberXLTR web portal through Services.
6. By post we mean post on the CyberXLTR web portal or otherwise make available to us (such as by using an application).
7. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By active registered user we mean a user who has logged into the CyberXLTR web portal at least once in the previous 30 days (about 4 and a half weeks).
9. By application we mean any application or website that uses or accesses our Services, as well as anything else that receives or has received data from us. If you no longer access any Services but have not deleted all data from us, the term application will apply until you delete the data.
1. This ToS is an agreement between you and International International Initiatives for Creative Innovators and Entrepreneurs (CyberXLTR), an initiative of Innowize Corp.
2. This ToS makes up the entire agreement between the parties regarding the CyberXLTR web portal and supersedes any prior agreements.
3. If any portion of this ToS is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this ToS, it will not be considered a waiver.
5. Any amendment to or waiver of this ToS must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this ToS to anyone else without our consent.
7. All our rights and obligations under this ToS are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this ToS shall prevent us from complying with the law.
9. This ToS does not confer any third-party beneficiary rights.
10. You will comply with all applicable laws when using or accessing the CyberXLTR web portal.