These Terms may be translated into other languages, but the governing language is English in the event of any contradiction in terms between the English and foreign translation.
“Cyberix3D” includes Cyberix3D site or Cyberix3D products including Cyberix3D game player, Cyberix3D android export and Cyberix3D Flash Export.
“Cyberix3D Products” includes Cyberix3D game player, Cyberix3D android export , Cyberix3D Flash Export, Cyberix3D forum, and other products that can be generated on the Cyberix3D web site.
"Site" refers to the Cyberix3D website.
“Material” - Any asset that you upload to the Cyberix3D site or Cyberix3D products including pictures, models and sound files.
To make reading this agreement easier and less repetitive, the following constructions are used:
“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.
“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”
II. General Use
1. General License to the Site.
a. Ownership. Except as expressly licensed to you in these Terms, and in other agreements provided to you by Cyberix3D such as those regarding Cyberix3D Products, Cyberix3D and the owners of the Cyberix3D Products retain all ownership, right, title, and interest in and to the services provided by Cyberix3D, including the Site and all Cyberix3D Products.
b. Unauthorized Use. If you use the Site or Cyberix3D Products in an unauthorized way, Cyberix3D may terminate your account and pursue other penalties, damages, losses, and profits to which Cyberix3D is entitled under this agreement or at law or equity. The following uses of the Site are explicitly prohibited:
i. Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging the Site in any way for commercial purposes;
ii. Obscuring or removing any watermark, copyright, or other proprietary notice from the Site or Cyberix3D Products;
iii. Mining, hacking, probing, spidering, crawling, or scraping the Site or Cyberix3D Products, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation;
iv. Decompiling, reverse engineering, or making derivative works;
v. Interfering (or engaging in any activity that may interfere) with any user’s experience;
vi. Testing for technical vulnerabilities, or circumventing any security measures or access restrictions;
vii. Using the Site for recruiting purposes or to contact Cyberix3D artists for any reason; or
viii. Sharing any privately or semi-privately communicated information associated with the Site with anyone, unless you have the permission of the sending party. By way of example, you cannot take information sent to you in a private message or in a semi-private forum and make that information public or share it with any third party.
2. Material Submitted by You. Cyberix3D does not claim any ownership or liability with respect to any material that you submit when using the Site. This section sets additional rules for your submission or consumption of any writing, imagery, models, sounds or data to any forum, blog, Cyberix3D site or Cyberix3D Products.
a. Cyberix3D welcomes constructive criticism. However, you may NOT upload or post anything that counteracts constructive, professional dialogue on 3D or related topics.
b. You may NOT submit anything that discloses, stores, or collects any contact information or any person’s personal information without that person’s permission.
c. You may NOT in any way upload or post anything abusive, harassing, threatening, harmful, inaccurate, defamatory, libelous, pornographic, racist, or obscene.
d. You may NOT upload or post any spam or advertising for other products or services. You may NOT upload or post from multiple accounts, disrupt, flame, incite, or persist in repetitive or off-topic comments.
e. You are fully responsible for and shall act sensibly and with your best judgment on how and what you upload or post to the Site.
f. You may NOT upload, post or link to anything 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.
g. You may NOT upload, post or link to anything that infringes the rights of any third party or violates any law, rule, or regulation.
h. You may NOT re-upload or post information elsewhere that requires a Site user account to access, such as private discussion forums or data reports.
You covenant, represent, and warrant to Cyberix3D that:
1. You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
2. You will not use the Site except pursuant to the terms of this agreement.
IV. Limitation of Liability
1. The Site is provided on an “as is”, “as available”, and “with all faults” basis. Cyberix3D makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of the Site, and does not guarantee the accuracy or completeness of specifications associated with the Site, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
2. You assume all risk for any damage to your computer systems and network for any damage to your computer system caused by using the Site, including any damages resulting from computer viruses.
3. To the fullest extent permitted by law, Cyberix3D shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Cyberix3D has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
4. You agree to indemnify and hold Cyberix3D and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives ("Cyberix3D Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of your use of the Site and any material you submit.
V. Termination and General Terms
2. Termination; Material Breach. Your breach of these Terms or other applicable policies or agreements with Cyberix3D may result in Cyberix3D terminating your access to the Site, without any liability to Cyberix3D. You may terminate these Terms at any time by ceasing to use the Site. You agree that any material breach of these Terms will result in irreparable harm to Cyberix3D for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Cyberix3D will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the upload or posting of a bond or other security if Cyberix3D seeks such an injunction.
3. Import/Export Regulations. The Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular: (a) obtain any export, re-export, or import authorizations required by U.S.; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide, re-route, or otherwise package the Site to prohibited countries and entities identified in the U.S. export regulations.
4. Governing Law. This agreement is governed by New York law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in New York, New York, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
5. LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that Cyberix3D may, in its sole discretion, arbitrate disputes between the Site’s users involving the Site or Cyberix3D Products, and such findings shall be final and non-appealable. Either party may request that Cyberix3D arbitrate the dispute, or Cyberix3D may elect, at its option, to arbitrate the dispute. To resolve disputes, Cyberix3D may decide to terminate or suspend users, revoke the license, offer replacement Cyberix3D Products, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). Cyberix3D may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.
7. Assignment. Cyberix3D may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Cyberix3D’s assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of Cyberix3D, which will not be unreasonably withheld.
8. English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.