This user agreement is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This user agreement is generated by a computer system and does not require any physical or digital signatures.
This user agreement is published for access and/or usage of Cyware a platform to help stay informed about the latest happenings in the cyber world (Service").
"User" refers to you, the person visiting, accessing and/or using the Service by means of any communication device.
"Cyware" refers to Cyware Labs Inc., having its principal office at 623, Eagle Rock Ave # 346, West Orange, NJ 07052, United States of America, which is the owner of all rights in this Service.
All references to "You" and "Your" shall mean the User. All references to "Cyware", "Company", "We", "Us" and "Our" shall mean Cyware Labs.
1. ACCESS TO THE SERVICE
1.1. The Service is being provided to You for free and there are no subscription charges for the usage of the Service. How the Company reserves the right to adopt any method of monetization through the Service in the future as it deems fit.
1.2. This Service is offered and made available only to Users above the age of 18 years (or above 21 years where a guardian is appointed as per the Majority Act of 1875) ("Age of Majority").
1.5 The Company grants You a
1.6 Please note that the
availability of the Service in Your jurisdiction, and Your ability
to access the Service is subject to the Company’s sole discretion.
The Company may at its sole discretion restrict the Service from
being accessed in certain geographical locations. You undertake that
Your access of the Service shall be in compliance with all
applicable laws (as amended from
2.OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
2.1. "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Company whether registered or unregistered and all renewals and extensions.
2.2. All rights, title and
interest in the Intellectual Property Rights in the Service
including without limitation all its constituents, content, text,
2.3 The Service including any
Materials thereon shall be deemed to be
2.4 You expressly confirm not
to, directly or indirectly, copy, reproduce, modify, edit,
3. USER MATERIAL
3.1 The Service may allow Users to publish content, data, information, text, images, videos, audios, audio- visuals, User’s opinion, recommendation, advice, view, etc. ("User Material"). The User Material does not reflect the views of the Company. In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Service.
3.2 By submitting a User
Material, You grant the Company a perpetual, worldwide,
3.3 The Company will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Service generally, if any, in any manner that the Company may its sole discretion determine, at any time. Although the Company may endeavour to periodically monitor the User Material posted on the Service, the Company will not be responsible for the same.
3.4 In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company.
3.5 By posting User Material on the Service, You undertake, represent and warrant to the Company that:
(a) the User Material is original (b) does not infringe the rights
of any third party including without limitation Intellectual
Property Rights and (c) is not
3.6 You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:
(a) belongs to another person and to which You do not have any right to
(b) is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
(c) harm minors in any way
(d) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights
(e) violates any applicable national or international laws, regulations, rules and/or guidelines
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
(g) impersonates another person
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
(i) threatens the unity, national interest ,integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation/country
(j) is offensive or has menacing character
(k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will
(l) causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
3.7 You further undertaker that You shall not use the Service to:
(a) violate the privacy right or personal right or confidential information of any person
(b) commit an act which could be construed as an act of cyber terrorism
(c) collect, store and/or identify private/personal information of any user or person
(d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community
(e) stalk or otherwise harass another person or user
(f) upload, post or
(g) upload, post or
(h) upload, post or
(i) upload, post or
(j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Service, including the Company’s servers, networks or accounts
(k) 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 adversely affects other users’ ability to engage in real time exchanges
(l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Service
(m) delete or revise any information provided by or pertaining to any other user of the Service
(n) promote and/or generate revenue for Yourself and/or any
(o) carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations
(p) post unauthorized commercial communications and including advertisements and/or
(q) manipulate or morph or alter or exploit any other User’s User Material.
3.9. If You submit any User
Material on the Service, You shall be deemed to have waived any
rights, interest and ownership in the User Material and deemed to
have put the contents of the User Material in the public domain,
making it open to
3.10 You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Service.
4. CONTESTS AND PROMOTIONS
5. DISCLAIMER AND LIMITATION OF LIABILITY
BY ACCESSING AND/OR USING THE SERVICE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL.
THE SERVICE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND
TRANSMITTED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE COMPANY AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES,
THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES,
OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES,
(a) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY,
FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY
(b) ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE AND DO NOT WARRANT THAT THE SERVICE, THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE OR ANY CONNECTED SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS
(c) ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON AND
(d) DO NOT WARRANT THAT THE SERVICE, OR ANY CONNECTED SERVICE,
LINKED MICROSITES, ANY MATERIALS,
(i) EVERY EFFORT IS MADE TO KEEP THE SERVICE RUNNING SMOOTHLY. HOWEVER, THE COMPANY TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE SERVICE BEING UNAVAILABLE DUE TO ANY REASONS.
(ii) THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, FITNESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL AND USE OF AND ACCESS TO THE SERVICE OR ANY CONNECTED SERVICE RESTS SOLELY WITH YOU.
(iii) THE SERVICE MAY CONTAIN LINKS TO OTHER
(iv) TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS
AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE
DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS,
SHAREHOLDERS, AGENTS, REPRESENTATIVES,
(a) INDIRECT OR CONSEQUENTIAL LOSS
(b) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS
(c) INCIDENTAL, DIRECT, OR SPECIAL LOSS OR SIMILAR DAMAGES
(d) LOSS OF OR DAMAGE TO DATA
(e) LOSS OF BUSINESS, REPUTATION OR GOODWILL AND/OR
(f) WASTED OR LOST MANAGEMENT TIME
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
(v) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES’ LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES OR CLAIMS (WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY,
ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, AND THEIR RESPECTIVE
DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS,
SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB- CONTRACTORS, CONSULTANTS
7. THIRD PARTY WEBSITES
7.1 This Service may contain
links to other websites owned and operated by third parties who are
not related to the Company ("Third-Party Websites").
7.2 Your access and usage of
7.3.The Service may contain
third party advertisements, promotions, etc. (that may or may not
contain embedded hyperlinks or referral buttons to
8. NOTICE & TAKE DOWN PROCESS
8.1 The Company does not endorse or promote any data, information, content or material published on the Service including User Material, and expressly disclaims any and all liability in connection with the same.
8.2 If You believe that the Service contains any data, information, content or material that could be in violation of Clause 3.6 and/or in violation of Clause 3.7 above and/or in violation of any applicable provision of the Act or rules thereunder, You may notify the Company of the same by sending an email notification at contact[@]cyware[.]com . By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
8.3 The Company shall
8.4 The Company further
reserves the right (without the obligation of doing so) to
If You have any questions, queries or complaints with respect to the Service, then such correspondence should be directed to the grievance officer at contact[@]cyware[.]com .
11.1 The fastest and easiest way to notify the Company of any grievance is by sending an email notification to Our grievance officer at contact[@]cyware[.]com .
11.5 Any express waiver or
not create a continuing waiver or any expectation of
11.6 You agree that the Company shall be under no liability whatsoever to You in the event of non- availability of the Service or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Service maintenance, server maintenance, or any other cause whatsoever beyond the control of the Company.
11.7 Unless otherwise specified, the Service is presented solely for the purpose of entertainment and promoting programs. The Company makes no representation that the Service is appropriate or available for use in locations other than India. Those who choose to access the Service from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.