MyCybertwin Terms and Conditions - Effective February 2007
MyCybertwin is a Social networking service and instant chat robot creator, which
allows you to create a unique intelligent charater to
represent you online and communicate with other people.
The services offered MyCybertwin (Mycybertwin, or
"we") include the mycybertwin.com website, the MyCybertwin.com chat
windows, the mycybertwin emails and contact
services, and any other features,
content, or applications offered from time to time by MyCybertwin.com in
connection with the MyCybertwin Website
(collectively, the "Mycybertwin Services").
The MyCybertwin Services is based in Australia.
Content includes content created on the mycybertwin,
and includes all responses created in creating your mycybertwin,
links, and any other content created or fed to your mycybertwin
to train it, whether your mycybertwin is viewed on
the mycybertwin site, or embedded in another website.
This Terms of Use
Agreement ("Agreement") sets forth the legally binding terms for your
use of the MyCybertwin Services. By using the MyCybertwin Services, you agree to be bound by this
Agreement, whether you are a "Visitor" (which means that you simply
browse the MyCybertwin Website) or you are a
"Member" (which means that you have registered with MyCybertwin.com,
or purchased credits, or have the Mycybertwin emcbedded on another page, like a blog,
website, or social network profile page). The term "User" refers to a
Visitor or a Member. You are only authorized to use the MyCybertwin
Services (regardless of whether your access or use is intended) if you agree to
abide by all applicable laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you should leave the MyCybertwin Website and discontinue use of the MyCybertwin Services immediately. If you wish to become a
Member, communicate with other users, and make use of the MyCybertwin
Services, you must read this Agreement and indicate your acceptance during the
Registration process.
This Agreement includes MyCybertwin.com's policy for acceptable use of the MyCybertwin Services and Content posted on the MyCybertwin Website, your rights, obligations and
restrictions regarding your use of the MyCybertwin
Services and MyCybertwin.com's Privacy Policy. In
order to participate in certain MyCybertwin Services,
you may be notified that you are required to download software or content
and/or agree to additional terms and conditions.
MyCybertwin.com may
modify this Agreement from time to time and such modification shall be
effective upon posting by MyCybertwin.com on the MyCybertwin
Website. You agree to be bound to any changes to this Agreement when you use
the MyCybertwin Services after any such modification
is posted. It is therefore important that you review this Agreement regularly
to ensure you are updated as to any changes.
Please choose carefully
the information you post on MyCybertwin.com and that you provide to other
Users. Your MyCybertwin.com personality may not include the following items: telephone
numbers, street addresses, last names, and any photographs containing nudity,
or obscene, lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite this prohibition, information
provided by other MyCybertwin.com Members (for instance, in their responses to
chat) may contain inaccurate, inappropriate, offensive or sexually explicit
material, products or services, and MyCybertwin.com assumes no responsibility
or liability for this material. If you become aware of misuse of the MyCybertwin Services by any person, please contact Mycybertwin, or click on the "Report Inappropriate
Content" link in the help menu.
MyCybertwin.com reserves
the right, in its sole discretion, to reject, refuse to post or remove any
posting (including private messages) by you, or to restrict, suspend, or
terminate your access to all or any part of the MyCybertwin
Services at any time, for any or no reason, with or without prior notice, and
without liability.
- Eligibility. Use of and Membership in the
MyCybertwin Services is void where prohibited.
By using the MyCybertwin Services, you represent
and warrant that (a) all registration information you submit is truthful
and accurate; (b) you will maintain the accuracy of such information; (c)
you are 14 years of age or older; and (d) your use of the MyCybertwin Services does not violate any applicable
law or regulation. Your MyCybertwin may be
deleted and your Membership may be terminated without warning, if we
believe that you are under 14 years of age.
- Term. This Agreement shall remain
in full force and effect while you use the MyCybertwin
Services or are a Member. You may terminate your Membership at any time,
for any reason, by following the instructions on the Member's Account
Settings page. MyCybertwin.com may terminate your Membership at any time,
without warning. Even after Membership is terminated, this Agreement will
remain in effect, including sections 5-17.
- Fees. You acknowledge that
MyCybertwin.com reserves the right to charge for the MyCybertwin
Services and to change its fees from time to time in its discretion. If
MyCybertwin.com terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused portion
of subscription fees.
- Password. When you sign up to become a
Member, you will also be asked to choose a password. You are entirely
responsible for maintaining the confidentiality of your password. You
agree not to use the account, username, or password of another Member at
any time or to disclose your password to any third party. You agree to
notify MyCybertwin.com immediately if you suspect any unauthorized use of
your account or access to your password. You are solely responsible for
any and all use of your account.
- Non-commercial Use by
Members.
The MyCybertwin Services are for the personal
use of Members only and may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by
MyCybertwin.com. Illegal and/or unauthorized use of the MyCybertwin Services, including collecting usernames
and/or email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or linking
to the MyCybertwin Website is prohibited.
Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from Member MyCybertwins
without notice and may result in termination of Membership privileges.
Appropriate legal action will be taken for any illegal or unauthorized use
of the MyCybertwin Services.
- Intellectual Property. MyCybertwin
owns and retains all proprietary rights in the MyCybertwin
Website and the Service and any Content posted on the MyCybertwin
Website or related to the website, and code, and methods of creating chatbots. MyCybertwins
materials may not be reproduced, copied, edited, published, transmitted or
uploaded in any way without MyCybertwins’s prior
written permission. You may not post, distribute, or reproduce in any way
any copyright material, trademarks, or other intellectual property or
proprietary information without obtaining the prior written consent of the
owner of such proprietary rights.
- Proprietary Rights in Content
on MyCybertwin.com.
- MyCybertwin.com does not
claim any ownership rights in the text, files, works of authorship, or
any other materials (collectively, "Content") that you post to
the MyCybertwin Services. After posting your
Content to the MyCybertwin Services, you
continue to retain all ownership rights in such Content, and you continue
to have the right to use your Content in any way you choose. By
displaying or publishing ("posting") any Content on or through
the MyCybertwin Services, you hereby grant to
MyCybertwin.com a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content solely on and
through the MyCybertwin Services. The license
you grant to MyCybertwin.com is non-exclusive (meaning you are free to
license your Content to anyone else in addition to MyCybertwin.com),
fully-paid and royalty-free (meaning that MyCybertwin.com is not required
to pay you for the use on the MyCybertwin
Services of the Content that you post), sublicensable
(so that MyCybertwin.com is able to use its affiliates and subcontractors
such as Internet content delivery networks to provide the MyCybertwin Services), and worldwide (because the
Internet and the MyCybertwin Services are
global in reach). This license will terminate at the time you remove your
Content from the MyCybertwin Services. The
license does not grant MyCybertwin.com the right to sell your Content,
nor does the license grant MyCybertwin.com the right to distribute your
Content outside of the MyCybertwin Services.
- You represent and warrant
that: (i) you own the Content posted by you on
or through the MyCybertwin Services or
otherwise have the right to grant the license set forth in this section,
and (ii) the posting of your Content on or through the MyCybertwin Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights
of any person. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any Content posted by you to or
through the MyCybertwin Services.
- The MyCybertwin
Services contain Content of MyCybertwin.com ("MyCybertwin.com
Content"). MyCybertwin.com Content is protected by copyright,
trademark, patent, trade secret and other laws, and MyCybertwin.com owns
and retains all rights in the MyCybertwin.com Content and the MyCybertwin Services. MyCybertwin.com hereby grants
you a limited, revocable, nonsublicensable
license to reproduce and display the MyCybertwin.com Content (excluding
any software code) solely for your personal use in connection with
viewing the MyCybertwin Website and using the MyCybertwin Services.
- The MyCybertwin
Services contain Content of Users and other MyCybertwin.com licensors.
Except for Content posted by you, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MyCybertwin Services.
- Content Posted.
- MyCybertwin.com may delete
any Content that in the sole judgment of MyCybertwin.com violates this
Agreement or which may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. MyCybertwin.com assumes no
responsibility for monitoring the MyCybertwin
Services for inappropriate Content or conduct. If at any time
MyCybertwin.com chooses, in its sole discretion, to monitor the MyCybertwin Services, MyCybertwin.com nonetheless
assumes no responsibility for the Content, no obligation to modify or
remove any inappropriate Content, and no responsibility for the conduct
of the User submitting any such Content.
- You are solely responsible
for the Content that you post on or through any of the MyCybertwin Services, and any material or information
that you transmit to other Members and for your interactions with other
Users. MyCybertwin.com does not endorse and has no control over the
Content. Content is not necessarily reviewed by MyCybertwin.com prior to
posting and does not necessarily reflect the opinions or policies of
MyCybertwin.com. MyCybertwin.com makes no warranties, express or implied,
as to the Content or to the accuracy and reliability of the Content or
any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial
list of the kind of Content that is illegal or prohibited to post on or
through the MyCybertwin Services.
MyCybertwin.com reserves the right to investigate and take appropriate
legal action against anyone who, in MyCybertwin.com's
sole discretion, violates this provision, including without limitation,
removing the offending communication from the MyCybertwin
Services and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to Content that, in the sole
discretion of MyCybertwin.com:
- is patently offensive and
promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
- harasses or advocates
harassment of another person;
- exploits people in a sexual
or violent manner;
- contains nudity, violence,
sexually explicit or offensive subject matter or contains a link to an
adult website;
- solicits personal
information from anyone under 18;
- provides any telephone
numbers, street addresses, last names, URLs or email addresses;
- promotes information that
you know is false or misleading or promotes illegal activities or conduct
that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
- involves the transmission of
"junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming,"
or "spamming";
- contains restricted or
password only access pages or hidden pages or images (those not linked to
or from another accessible page);
- furthers or promotes any
criminal activity or enterprise or provides instructional information
about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
- solicits passwords or
personal identifying information for commercial or unlawful purposes from
other Users;
- involves commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of
another person that you have posted without that person's consent; or
- for corporate mycybertwins, uses sexually suggestive imagery or any
other unfair, misleading or deceptive Content intended to draw traffic to
the MyCybertwin.
- constitutes a profile or
photographs of any third person used without their permission;
Prohibited
Activities. MyCybertwin
reserves the right to investigate and terminate your membership if you have misused
the Service, or behave in a way which we regard as inappropriate, unlawful or
illegal. The following is a partial list of the type of actions that you may
not engage in with respect to the Service. MYCYBERTWIN reserves the right to
amend this list at any time. It includes:
- You will not send or post
material which constitutes or encourages conduct that would be considered
a criminal offence in Australia
or any other country in the world.
- You will not send or post
material which infringes the rights of any third party.
- You will not post,
distribute or reproduce in any way any copyrighted material, trademarks,
or other intellectual property or proprietary information without
obtaining the prior consent of the owner of such proprietary rights.
- You will not impersonate any
person or entity
- You will not harass any
other person.
- You will not solicit money
from any other person
- You will not express or
imply that any statements you make are endorsed by MyCyebrtwin
without our specific prior written consent.
- You will not use any robot,
spider, or other device or process to retrieve, index, or in any way
reproduce or circumvent the navigational structure or presentation of the
Service or its contents.
- You will not
"frame" or "mirror" any part of the Service or the MyCybertwin Website, without MyCybertwin's
prior written authorisation.
- You shall not use code or
other devices containing any reference to MyCybertwin,
our Service or Website to direct persons to any other web page.
- Except and only to the
extent permitted under applicable law, you will not modify, adapt,
sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Service or the MYCYBERTWIN
Website or any software used on or for the Service or cause others to do
so.
IMPORTANT: MyCybertwin
reserves the right to investigate and take appropriate legal action against
anyone who violates this clause. We may suspend or terminate any member or hide
the MyCybertwin if it is judged offensive or if it
includes identifying information.
The
following is further a partial list of the kind of activity that is illegal or
prohibited on the MyCybertwin Website and through
your use of the MyCybertwin Services. MyCybertwin.com
reserves the right to investigate and take appropriate legal action against
anyone who, in MyCybertwin.com's sole discretion,
violates this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
- advertising to, or
solicitation of, any Member to buy or sell any products or services
through the MyCybertwin services, apart from
your own mycybertwin embedded on your own
website promoting your own products. You may not transmit any chain letters
or junk email to other Members. It is also a violation of these rules to
use any information obtained from the MyCybertwin
Services in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, MyCybertwin.com reserves
the right to restrict the number of emails which a Member may send to
other Members in any 24-hour period to a number which MyCybertwin.com
deems appropriate in its sole discretion. If you breach this Agreement
and send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the MyCybertwin
Services, you acknowledge that you will have caused substantial harm to
MyCybertwin.com, but that the amount of such harm would be extremely
difficult to ascertain. As a reasonable estimation of such harm, you
agree to pay MyCybertwin.com $50 for each such unsolicited email or other
unsolicited communication you send through the MyCybertwin
Services;
- covering or obscuring the
banner advertisements or links created by MyCybertwin
on your MyCybertwin chat windows, or any
MyCybertwin.com page via HTML/CSS or any other means;
- any automated use of the
system, such as using scripts to add friends or send comments or
messages;
- interfering with,
disrupting, or creating an undue burden on the MyCybertwin
Services or the networks or services connected to the MyCybertwin
Services;
- attempting to impersonate
another Member or person;
- for band MyCybertwins,
copying the code for your MyCybertwin Player
and embedding it into other MyCybertwins or
asking other Members to embed it into their MyCybertwins;
- using the account, username,
or password of another Member at any time or disclosing your password to
any third party or permitting any third party to access your account;
- selling or otherwise
transferring your MyCybertwin;
- using any information
obtained from the MyCybertwin Services in order
to harass, abuse, or harm another person;
- displaying an advertisement
on your MyCybertwin, or accepting payment or
anything of value from a third person in exchange for your performing any
commercial activity on or through the MyCybertwin
Services on behalf of that person, such as placing commercial content on
your MyCybertwin, posting blogs
or bulletins with a commercial purpose, selecting a profile with a
commercial purpose as one of your friends, or sending private messages
with a commercial purpose; or
- using the MyCybertwin
Services in a manner inconsistent with any and all applicable laws and
regulations.
- Copyright Policy. You may not post, modify,
distribute, or reproduce in any way any copyrighted material, trademarks,
or other proprietary information belonging to others without obtaining the
prior written consent of the owner of such proprietary rights. It is the
policy of MyCybertwin.com to terminate Membership privileges of any Member
who repeatedly infringes the copyright rights of others upon receipt of
proper notification to MyCybertwin.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the MyCybertwin Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the
following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the owner
of the copyright interest; (ii) a description of the copyrighted work that
you claim has been infringed; (iii) a description of where the material
that you claim is infringing is located on the MyCybertwin
Services; (iv) your address, telephone number, and email address; (v) a
written 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; (vi) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf. MyCybertwin.com's Copyright Agent for notice of claims
of copyright infringement can be reached as follows: MyCybertwin
Copyright, Building 2, level 1, 49
Frenchs Forest Road,
Frenchs
Forest, Sydney, 2086, New South Wales, Australia.
- Member Disputes. You are solely responsible
for your interactions with other MyCybertwin.com Members. MyCybertwin.com
reserves the right, but has no obligation, to monitor disputes between you
and other Members.
- Privacy. Use of the MyCybertwin Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
13. Disclaimers. Disclaimers. The material at this MYCYBERTWIN Website
is provided 'as is' without any conditions, warranties or other terms of any
kind. Accordingly, to the maximum extent permitted by law, MYCYBERTWIN provides
you with this MYCYBERTWIN Website on the basis that MYCYBERTWIN excludes all
representations, warranties, conditions and other terms (including, without
limitation, the conditions implied by law of satisfactory quality, fitness for
purpose and the use of reasonable care and skill) which but for this legal
notice might have effect in relation to this MYCYBERTWIN Website. We do not
represent or endorse the accuracy or reliability of any advice, opinion,
statement or other information displayed, uploaded or distributed through the
Service by us, our partners or any member or any other person or entity. You
acknowledge that any reliance upon such opinion, member profile, mycybertwin, advice, statement or information is at your
own risk. We are not responsible for the conduct, whether online or offline of
our members. Please use caution and common sense when using the MYCYBERTWIN
Website and the Service. THIS LEGAL NOTICE AND THE FOREGOING DISCLAIMERS ARE
WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER
APLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER.
MyCybertwin.com is not responsible for any incorrect or inaccurate Content
posted on the MyCybertwin Website or in connection
with the MyCybertwin Services, whether caused by
Users of the MyCybertwin Services or by any of the
equipment or programming associated with or utilized in the MyCybertwin
Services. MyCybertwins created and posted by Members
on the MyCybertwin Website may contain links to other
websites. MyCybertwin.com is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by MyCybertwin.com.
Inclusion of any linked website on the MyCybertwin
Services does not imply approval or endorsement of the linked website by
MyCybertwin.com. When you access these third-party sites, you do so at your own
risk. MyCybertwin.com takes no responsibility for third party advertisements
which are posted on this MyCybertwin Website or
through the MyCybertwin Services, nor does it take
any responsibility for the goods or services provided by its advertisers.
MyCybertwin.com is not responsible for the conduct, whether online or offline,
of any User of the MyCybertwin Services.
MyCybertwin.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any User or Member communication. MyCybertwin.com is not
responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the MyCybertwin
Services or combination thereof, including any injury or damage to Users or to
any person's computer related to or resulting from participation or downloading
materials in connection with the MyCybertwin
Services. Under no circumstances shall MyCybertwin.com be responsible for any
loss or damage, including personal injury or death, resulting from use of the MyCybertwin Services, attendance at a MyCybertwin.com
event, from any Content posted on or through the MyCybertwin
Services, or from the conduct of any Users of the MyCybertwin
Services, whether online or offline. The MyCybertwin
Services are provided "AS-IS" and as available and MyCybertwin.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. MyCybertwin.com cannot guarantee and does not promise any
specific results from use of the MyCybertwin
Services.
- Limitation on Liability. IN NO EVENT SHALL
MYCYBERTWIN.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF MYCYBERTWIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
MYCYBERTWIN.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID,
IF ANY, BY YOU TO MYCYBERTWIN.COM FOR THE MYCYBERTWIN SERVICES DURING THE
TERM OF MEMBERSHIP. MYCYBERTWIN, and any related company, will not be
liable or responsible to you or any third person for any amount or kind of
loss or damage that may result (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any loss of
income, profits, goodwill, data, contracts, use of money, or loss or
damages arising from or connected in any way to business interruption of
any type, and whether in tort (including without limitation negligence),
contract or otherwise) in connection with the Service, this MYCYBERTWIN
Website or any MYCYBERTWIN events developed, staged, managed or outsourced
by MYCYBERTWIN in any way or in connection with the use, inability to use
or the results of use of this MYCYBERTWIN Website. Subject to the
foregoing, MYCYBERTWIN's liability to you for
any cause whatsoever, and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by you to MYCYBERTWIN for
the Service during the term of membership.
- Customer Support. MYCYBERTWIN provides
assistance and guidance through its customer support representatives. If
we feel that your behaviour towards any of our
customer support representatives or other employees is at any time
threatening or offensive, we reserve the right to immediately terminate
your membership and you will not be entitled to any refund.
- Australian Export Controls. Software available in
connection with the MyCybertwin Services (the
"Software") is further subject to Australian export controls. No
Software may be downloaded from the MyCybertwin
Services or otherwise exported or re-exported in violation of Australian
export laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute
about or involving the MyCybertwin Services, you
agree that the dispute shall be governed by the laws of the State of New
South Wales, Australia, without regard to conflict of law provisions and
you agree to exclusive personal jurisdiction and venue in the state and
federal courts of Australia located in the State of New South Wales, City
of Sydney.. Either MyCybertwin.com or you may demand that any dispute
between MyCybertwin.com and you about or involving the MyCybertwin
Services must be settled by arbitration utilizing the dispute resolution
procedures of the Law Society of New South wales,
provided that the foregoing shall not prevent MyCybertwin.com from seeking
injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and
hold MyCybertwin.com, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use of the MyCybertwin Services in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Content that
you post on the MyCybertwin Website or through
the MyCybertwin Services causes MyCybertwin.com
to be liable to another.
- Other. This Agreement is accepted
upon your use of the MyCybertwin Website or any
of the MyCybertwin Services and is further
affirmed by you becoming a Member. This Agreement constitutes the entire
agreement between you and MyCybertwin.com regarding the use of the MyCybertwin Services. The failure of MyCybertwin.com
to exercise or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or contractual
effect. MyCybertwin.com is a trademark of MyCybertwin,
Inc. This Agreement operates to the fullest extent permissible by law. If
any provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
- General . We may alter or amend these
terms and conditions at any time and will use best endeavours
to provide notice of any change. You may terminate your membership at any
time but will be deemed to have accepted any alteration and/or amendment
if you continue to use the Service after notice. In the event that you
have any claim or action against any other member arising from that
member's use of our MYCYBERTWIN Website or the Service, you agree to
pursue such claim or action independently of and without any demands from MYCYBERTWIN,
and you release MYCYBERTWIN from all claims, liability and damages,
arising from or in any way connected to the claim or action.
If a claim or action is brought against us from your activities or
use of the MYCYBERTWIN Website or the Service, including any breach by you
of this Agreement or any charges or complaints made by other parties
against you, you agree to pay, hold harmless and defend us in the claim or
action. You also agree to cooperate as fully as reasonably required in the
defence of any claim and allow us to assume the
exclusive defence and control of the matter. If
any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the Agreement shall continue in effect.
MYCYBERTWIN may, and you
may not, assign, convey, subcontract or delegate rights, duties or obligations
under this Agreement. You agree that no partnership, joint venture, employment,
or agency relationship exists between you and MYCYBERTWIN as a result of this
agreement or use of this MYCYBERTWIN Website.
You are solely
responsible for your interaction with other MYCYBERTWIN Members. MYCYBERTWIN
reserves the right, but has no obligation, to monitor disputes between you and
other Members. You agree that the any dispute will be governed by the laws of New South Wales in the courts in New South Wales.
This Agreement, accepted
upon use of the MYCYBERTWIN Website and further affirmed by becoming a member
of the Service, contains the entire agreement between you and MYCYBERTWIN
regarding the use of the MYCYBERTWIN Website and/or the Service. If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
Please contact us at
info@mycybertwin.com with any questions regarding these terms and conditions.