Terms of Service

Cydeck.com ("Cydeck") offers and provides resources, goods, online features, and services (collectively, the "Services") to those who establish Cydeck accounts ("users"), subject to the following terms of service ("TOS"). By using the Services in any way, you are agreeing to comply with the TOS. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.

Modifications to this agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter the TOS at any time. Modifications become effective immediately upon their posting. You must review the TOS on a regular basis to keep yourself apprised of any changes.

Payments

Payments of goods, downloads and services purchased through the exchange will be paid for at time of purchase. This agreement, governed by the laws of the State of Texas, shall be effective immediately and remain in effect until canceled in writing by either party with thirty (30) days advanced notice.

Company agrees to indemnify, defend and hold Cydeck harmless from losses, damage or injury arising out of the actions of the Company in the course of performance of the service of this agreement.

By use of this site you accept these terms and conditions.

Accounts

A Cydeck account and the acquisition of Cydeck grants access various aspects of the Services to the extent determined solely by Cydeck. Cydeck may terminate any or all accounts at any time in its sole discretion without obligation to refund any fee or otherwise compensate any person.

Content

The Cydeck Web site and content available through the Services may contain links to other Web sites that are completely independent of Cydeck. Cydeck makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Web sites is at your own risk.

Cydeck may establish groups, workspaces, bulletin boards, chat rooms, forums, blogs or other means of Internet communication and make them available to users. We respect our users' ownership of and responsibility for the content they choose to share, but we need to curb abuses that threaten our ability to provide this service. As a result, there are some boundaries on the type of content that can be posted through Cydeck. From time to time we may change our content policies so please check back here.

If you violate our content policies, we may terminate your user account; if your conduct is illegal, we may report it to the appropriate authorities.

PORNOGRAPHY AND OBSCENITY: You may not post, and Cydeck may remove, any content that may offend any of our users or the public. Without limitaiton, image and video content that contains nudity, sexually graphic material, or material that is otherwise deemed explicit by Cydeck cannot be posted and may be removed. You may not post written, image or video content that promotes pedophilia, incest or bestiality. You may not post content that tends to monetize porn content or drive traffic to a monetized pornography site. Cydeck has a zero-tolerance policy against child pornography.

HATEFUL CONTENT: You may not publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity.

VIOLENT CONTENT: You may not publish direct threats of violence against any person or group of people.

PRIVATE AND CONFIDENTIAL INFORMATION: You may not, without express authorization, post people's private and confidential information, such as credit card numbers, Social Security numbers, and driver's and other license numbers.

IMPERSONATION: You may not impersonate others through our services in a manner that is intended to or does mislead or confuse others.

UNLAWFUL USE OF SERVICES: You may not use our products and services for unlawful purposes or for promotion of dangerous and illegal activities. If you do so, your user account may be terminated and you may be reported to the appropriate authorities.

SPAM, MALICIOUS CODES AND VIRUSES: You may not transmit spam, malware or viruses.

ARGUMENT-STARTERS: We discourage, and may remove, content concerning politics, religion, or other topics that are controversial and may distract users from the our core purposes.

OTHER CONTENT: Cydeck reserves the right to remove any or all user-generated content at any time, for any reason, without limitation and in its sole discretion.

Notification of claims of infringement

If you believe that your work has been copied on Cydeck in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated on, by, or through Cydeck, please notify the Cydeck's agent for notice of claims of copyright or other intellectual property infringement by contacting Cydeck and providing us with:

• a) Identification of the material on the Cydeck Web site that you claim is infringing, with enough detail so that we may locate it on the site;
• b) 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;
• c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
• d) Your address, telephone number, and email address; and
• e) Your physical or electronic signature.

Cydeck will remove the infringing material, subject to the procedures outlined in the Digital Millennium Copyright Act.

Privacy and information disclosure

Cydeck has established a privacy policy to explain to users how their information is collected and used, which is located here (click for privacy policy).

Your use of the Cydeck Web site signifies acknowledgement of and agreement to our privacy policy. You further acknowledge and agree that the Cydeck may, in its sole discretion, preserve or disclose your information, such as name, address, email address, IP address, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Cydeck, its users or the general public; or otherwise as provided in our privacy policy.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE CYDECK WEB SITE, ACQUIRING OR USING CYDECK ABILITIES, OTHER USE OF CYDECK, UPLOADING FILES TO OR STORING FILES ON CYDECK, DOWNLOADING FILES FROM CYDECK, PARTICIPATION IN CYDECK EVENTS, AND PURCHASES OF FEATURES, ABILITIES, OR GOODS FROM OR THROUGH CYDECK ARE ENTIRELY AT YOUR OWN RISK. THE CYDECK WEB SITE AND THE FEATURES, GOODS AND SERVICES OF CYDECK ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CYDECK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE CYDECK WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CYDECK DISCLAIMS ANY WARRANTIES FOR FEATURES, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CYDECK WEB SITE, OR ACCESSED THROUGH ANY LINKS ON THE CYDECK WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CYDECK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CYDECK WEB SITE OR THE SERVICES.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CYDECK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CYDECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USER ACCOUNT IN CYDECK, YOUR CONTRIBUTION TO CYDECK, YOUR PURCHASE OF GOODS FROM CYDECK, YOUR PARTICIPATION IN A CYDECK EVENT, OR YOUR USE OF THE CYDECK WEB SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE CYDECK WEB SITE, FROM INABILITY TO USE THE CYDECK WEB SITE, THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE CYDECK WEB SITE, FROM NEGLIGENCE OF CYDECK OR OTHERS, OR FROM SOME OTHER CAUSE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CYDECK WEB SITE OR THE SERVICES OR ANY LINKS ON THE CYDECK WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE CYDECK WEB SITE OR THE SERVICES OR ANY LINKS ON THE CYDECK WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

DATA SECURITY AND CONFIDENTIALITY

CYDECK ALLOWS ITS USERS TO STORE DATA (INCLUDING DOCUMENTS AND IMAGE) ON THE CYDECK SERVER. WE MAKE REASONABLE, GOOD-FAITH EFFORTS TO MAINTAIN—BUT CANNOT GUARANTEE—THE SECURITY, AND CONFIDENTIALITY OF THAT DATA. WITHIN CYDECK, THE SECURITY AND CONFIDENTIALITY OF DATA DEPEND ON CLOSE ADHERENCE TO POLICIES AND PROCEDURES, WHICH CANNOT BE GUARANTEED. WE STRONGLY RECOMMEND THAT USERS REGULARLY AND REMOTELY BACK UP THEIR DATA. WE STRONGLY RECOMMEND THAT USERS ENCRYPT THEIR CONFIDENTIAL DATA BEFORE UPLOADING IT TO CYDECK.COM, AND THAT THEY MAINTAIN THAT ENCRYPTION WHILE THE CONFIDENTIAL DATA IS STORED ON CYDECK.COM. THE ULTIMATE RESPONSIBILITY FOR DATA SECURITY AND CONFIDENTIALITY IS YOURS; WE STRONGLY RECOMMEND THAT YO MAINTAIN YOUR OWN DATA SECURITY AND CONFIDENTIALITY INDEPENDENT OF ANY STEPS THAT CYDECK TAKES.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD CYDECK, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR PURCHASE OR USE OF GOODS FROM CYDECK, YOUR CYDECK USER ACCOUNT , YOUR PARTICIPATION IN A CYDECK EVENT, YOUR VIOLATION OF THE TOS, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

General information

The TOS constitute the entire agreement between you and Cydeck and govern your use of the Services, superseding any prior agreements between you and Cydeck. The TOS and the relationship between you and Cydeck shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Cydeck agree to submit to the personal and exclusive jurisdiction of the courts located within Bexar County, Texas. The failure of Cydeck to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one year after such claim or cause of action arose or be forever barred.

Violation of terms

Please report any violations of the TOS

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Notwithstanding any other provision of the TOS, Cydeck retains the right to seek the remedy of specific performance of any term contained in the TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOS, or any combination thereof.