Terms of Use
This website, located at https://cyber8.org is maintained by individual
contributors to Cyber 8, and is composed of various individual web pages
(collectively, the “Site”) and is offered to you on these Terms & Conditions
(“Terms”). A violation of these Terms is enforceable by any contributor who has undertaken a role in the development and mainteace of this Site (collectively, the “Operator”).
These Terms may be updated from time to time without notice, so it is your
responsibility to review these Terms each time you access the Site. The Terms
then in effect at the time of your access shall apply to such access. Your use of
the Site constitutes your acceptance of these Terms.
1. APPROVED USES
The Site may only be used for lawful purposes by individuals who are legally
permitted to access the Site. The Site is not intended for use by those who are
of improper age or located outside of the United States. If located outside the
U.S., you are wholly responsible for complying with the laws and regulations of
your applicable jurisdiction and the Site and the Operator expressly disclaim all liability for compliance with your local rules.
Any use of the Site that may cause harm to the Site, the Operator, or to third
parties, either directly or indirectly, is strictly prohibited.
Web crawlers and the like are permitted to the extent that they are permitted
by the Site’s web services providers and to the extent that they do not interfere
with or unduly burden the Site and that any such use does not otherwise violate
these Terms. It is your responsibility to ensure that your use of the Site is
compliant with all laws, rules, and regulations. Improper use of the Site as
determined by the Operator, in its sole discretion, may subject you to civil and
criminal liability.
2. TERMINATION AND RESTRICTING ACCESS
The Operator reserves the right, in its sole and absolute discretion, to remove
any information or materials, in whole or in part, from the Site or to terminate
your access to the Site and its related services or any portion thereof at any
time, without cause or notice.
3. DISCLAIMER; LIMITATION OF LIABILITY
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND THE OPERATOR DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY REPRESENTATION OR WARRANTY CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE
INFORMATION ON THE SITE OR THE PERFORMANCE OR THE SECURITY OF THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, REGARDLESS OF LEGAL THEORY OR CLAIM. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THEN SUCH SPECIFIC LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY UNDER IS TO DISCONTINUE USING THE SITE.
4. INFORMATION PRIVACY AND SECURITY
These Terms hereby incorporate the Privacy Policy.
You are advised to exercise caution when accessing the Site and are solely
responsible for your own security and that of your computer system. We urge
you to exercise caution, especially when sharing information or downloading
any files from the Site.
5. INDEMNIFICATION
Except as prohibited by law, you will hold the Operator and its officers,
directors, members, employees, and agents harmless for any damages arising
out of or in connection with your use of the Site (including attorneys fees and all litigation expenses, including on appeal), regardless of legal theory or claim.
With respect to this section, the Operator reserves the right to exercise
reasonable control over how any such defense is carried out and the resolution
thereof insofar as such defense and/or resolution may impact the Operator’s
rights or interests. This provision will survive your use of the Site.
6. THIRD PARTY MATERIALS
The Operator is not responsible for other sites or materials that may be linked to by the Site and disclaims all liability relating thereto in accordance with Section 5 of these Terms.
7. SUBMITTED MATERIALS
All personal information or the like (as it may be defined by an applicable
authority) collected by or through the Site or by third party affiliates is governed by the Privacy Policy.
The Site, nor the Operator, claim ownership of the materials you may submit
through the Site. However, by submitting information, you are granting the Site and the Operator (and any necessary sub-licensees) the rights to copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate, and reformat your information without obligation.
No compensation will be paid for the use of submitted information and the
Operator is under no obligation to post or use any submitted information and
may remove any submitted information at any time in the Operator’s sole
discretion.
By submitting information, you represent and warrant that you own or otherwise control all of the rights to such information and agree to indemnify, defend, and hold harmless, the Site and the Operator, for any infringement arising out of the use of such work.
8. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
The Operator respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement, or
that your intellectual property rights have been otherwise violated, please
provide the following information to the Operator:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number and email address;
- 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
9. INTELLECTUAL PROPERTY
Cyber 8 claims no intellectual property. The content of this website is the
copyrighted works of its several individual contributors.
The names of third parties, including actual companies, products, or services,
etc. that may be displayed on the Site are or may be the trademarks of their
respective owners.
10. MISCELLANEOUS
These Terms (together with the incorporated Privacy Policy) constitute the entire terms concerning your use of the Site.
These Terms shall be governed in their entirety according to the laws of state of Michigan without giving effect to its principles regarding conflicts of law.
Any controversy or claim arising out of or relating to your use of the Site shall
be settled by arbitration administered by the American Arbitration Association
in accordance with its Commercial Arbitration Rules. The arbitration hearing
shall take place in Wayne County, Michigan before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction in Wayne County, Michigan. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof which shall remain in effect until a final award is made in the arbitration.
You may not assign, transfer, or license your rights, interests, or obligations, in
whole or in part, without the prior written permission of the Operator.
If any term or other provision of these Terms is invalid, illegal, or incapable of
being enforced by any law or public policy, all other terms and provisions of
these Terms shall nevertheless remain in full force and effect so long as the
material intent of these Terms is not defeated.
