Serving the Downriver Communities

 

 

 

 

Articles

Legal

CYBERBELLUM TERMS OF SERVICE

 

AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to use of the Cyberbellum site.

YOUR USE OF THE CYBERBELLUM SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply.

MEMBER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

You agree to not place ads regarding adult services, products, or containing adult content in any shape or form.

You further agree to not place ads, which contain slanderous or derogatory comments or content.
Classified ads that violate these terms of service and/or our spam policy will be deleted and your account will be closed without warning and without refund.

You agree not place ads that violate our spam policy for ad placing.

SERVICE
Cyberbellum reserves the right to remove any listings or advertisements for any reason at our sole discretion. Cyberbellum, however, does not have the responsibility of reading and monitoring all listings and advertisements.

MEMBERSHIP ELIGIBILITY
Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are only available to minors under the supervision of the minor's parent/legal guardian. By using this site you warrant that you are at least eighteen (18) years of age.

Your account and User ID may not be to another party.

You agree that, with respect to other users' personally identifiable information that you obtain through the Site or through a Cyberbellum' related communication or Cyberbellum-facilitated transaction, Cyberbellum hereby grants to you a license to use such information only for Cyberbellum related communications that are not unsolicited commercial messages and for completing the transaction in question.

You warrant that the information you provide to us is complete, valid and honest. If you provide any information that is untrue, not current or incomplete, or Cyberbellum has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cyberbellum has the right to refuse any and all current or future use of the Cyberbellum (or any portion thereof) by you.

You may only upload content that belongs solely to you. You agree that you will not upload any content that is in violation of any rights based on copyright or trademark.

PAYMENT
Payments for purchases will be made by the Consumer directly to the Seller. Cyberbellum is not involved in the payment transaction between Consumer and Seller. Cyberbellum is not responsible for setting payment terms, collecting or ensuring payments. The parties need to reach an agreement on the pricing and the payment terms prior to the finalization of the transaction.

RELEASE
Cyberbellum is not involved in the actual transaction between the parties. As a result, Cyberbellum has no control over the quality, safety or legality of the goods, services or transaction. Cyberbellum has no control over payments made by the Consumer to the Seller. We cannot ensure that a transaction will actually be completed. Cyberbellum cannot and does not confirm each user's purported identity. Any agreements are solely between the Consumer and the Seller. In the event that you have a dispute with one or more users, you release Cyberbellum (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal counsel before you sign a contract or otherwise finalize the transaction.


CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use Cyberbellum for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use Cyberbellum to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Cyberbellum reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.

ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Cyberbellum of any unauthorized use of your account.

LINKS
The links on the Cyberbellum Web Site may let you leave the Cyberbellum Web Site. You acknowledge that the linked sites are not under the control of Cyberbellum and Cyberbellum is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. Cyberbellum is not responsible for web casting or any other form of transmission received from any linked site. Cyberbellum is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cyberbellum of the linked site or any association with their operators.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Cyberbellum Web Site you warrant to Cyberbellum that you will not use the Cyberbellum Web Site for any unlawful purpose.

RIGHTS GRANTED TO CYBERBELLUM
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Cyberbellum Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Cyberbellum the licenses set forth below. You hereby grant Cyberbellum and its affiliated companies permission to:

1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.

2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

3. Publish your name in connection with any such communication.

The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to Cyberbellum's or its sub- licensee's use of the materials contained within such communication. Cyberbellum is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Cyberbellum's sole discretion.

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY THE CYBERBELLUM SERVICE PROVIDED IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CYBERBELLUM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE CYBERBELLUM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CYBERBELLUM, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CYBERBELLUM, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CYBERBELLUM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE CYBERBELLUM SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT CYBERBELLUM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO FIVE HUNDRED DOLLARS ($500).

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS
All contents of the Cyberbellum Web Site are proprietary to Cyberbellum, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. Cyberbellum reserves any rights not expressly granted herein.

PROMOTIONAL MESSAGES
Cyberbellum may, from time to time, send e-mail messages to Users regarding Users account. Cyberbellum will not, however, provide your e-mail address to third parties, nor send you promotional messages regarding third party services not directly related to Cyberbellum.

REFUND POLICY
Because purchased services and subscriptions for the use of Cyberbellum are rendered and you have the use and receive the benefits of said services instantly, all payments are final and refunds cannot be granted.

CHARGEBACK POLICY
Chargebacks on Credit Cards for services provided will be defended if, in Cyberbellum reasonable opinion, the chargeback is not justified.

You acknowledge and specifically agree that chargebacks are unlawful if Cyberbellum services have been rendered.

Cyberbellum will use this document to dispute your chargeback with your bank and our processing company.

If a customer has a billing dispute with Cyberbellum, the customer must settle such dispute with Cyberbellum directly without initiating any chargeback procedures.

Any chargeback will evoke an automatic US$40 administration fee, without exception. In addition to legal fee's, any customer initiating a chargeback will be liable for the following charges via a collection agency:

Original value of service rendered
+ $25.00 chargeback fee
+ $30.00 recovery fee
+ $40.00 administrative fee

Your use of any services provided by Cyberbellum indicates your acceptance to pay the costs listed above.

In the event of a Chargeback being raised, or an outstanding debt at termination, Cyberbellum may, at our sole discretion, provide all relevant information to a 3rd party for the purposes of recovering the debt, or for the pursuit of civil or criminal proceedings.

Information provided will include personally identifiable information, including, but not limited to, Name, Address, IP Address, Credit Card information, Date of Birth, Social Security Number, National Insurance Number, Domain Names, adverts placed, services used, last usage data. Cyberbellum may also include any additional information found from, or provided by, other sources.

Note that a collection agency action may negatively impact your credit.

GOVERNING LAW
The laws of the United States shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the United States.

ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the United States, as the parties to this agreement agree to be governed by the laws of the United States. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in the United States necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of the United States with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.

FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Cyberbellum, Cyberbellum is unable to perform in whole or in part its obligations as set forth in this Agreement, then Cyberbellum shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make Cyberbellum liable to the User.

SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Cyberbellum against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with Cyberbellum.

HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

ASSIGNMENT
In the event of a merger or consolidation of Cyberbellum, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

MODIFICATION OF TERMS
Cyberbellum reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Cyberbellum Web Site. You are responsible for regularly reviewing these documents. Continued use of the Cyberbellum Web Site after any such changes shall constitute your consent to such changes. Cyberbellum does not and will not assume any obligation to notify you of any changes to the Terms of Service.