Terms of Service
1. Agreement between you and Cybot A/S
1.1. These Terms of Service govern your use of services on our website www.cybot.com. By accepting these Terms, either by clicking a box indicating your acceptance or by executing a sign up form or other document referring to these Terms, you agree that these Terms shall form part of the agreement between you and Cybot A/S (the “Agreement”).
1.2. These Terms do not govern your use of payable services from Cybot A/S which are governed by separate Terms as described on the individual services’ websites.
1.3. These Terms were last updated on January 15, 2013 and are effective between you and Cybot A/S as of the date where you register an account on www.cybot.com. Cybot A/S reserves the right to change these Terms from time to time subject to one months’ notice. If such changes are considered material, Cybot A/S will inform registered users about the changes by email, and the changes will take effect one month after the sending of such email. Your continued use of our website or services after such changes will constitute acknowledgment and agreement of the modified Terms.
1.4. In case of any discrepancies between the wording of our website and these Terms, these Terms shall prevail.
2. The services we deliver – and what you need to do
2.1. Subject to the sign-up procedure on our website, Cybot A/S will deliver to you a newsletter by e-mail at varying intervals.
2.2. To recieve our newsletter by e-mail you need to submit your e-mail-adress and a strong password of your own choosing as part of the sign-up process.
3. Term and Termination of subscription
3.1. A subscription to our newsletter is a free service that you will not be charged for.
3.2. The Agreement and your subscription to our newsletter will be effective from the moment you sign up for our newsletter on our website and until the subscription and the Agreement is terminated by you or us.
3.3. You may cancel your subscription any time to expire immediately by clicking “Cancel my account” under the “My account” menu. Your data will be permanently deleted without further warning or any option to restore.
3.4. We reserve the right to terminate the Agreement and to stop the provision of services (i) without notice in case of material breach of the Agreement by you or (ii) at any time and without reason subject to one months’ notice.
4. Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (the ”Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as a feedback wizard, blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any Cybot A/S employees or representatives.
h. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
You agree to indemnify and hold harmless Cybot A/S and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. Limitation of Warranties
7.1. By using our website or newsletter service, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
a. the use of our Resources will meet your needs or requirements.
b. the use of our Resources will be uninterrupted, timely, secure or free from errors.
c. the information obtained by using our Resources will be accurate or reliable, and
d. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
7.2. Furthermore, you understand and agree that:
a. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
b. no information or advice, whether expressed, implied, oral or written, obtained by you from Cybot A/S or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
8. Limitation of Liability
8.1. In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of our services delivered to you under these Terms. Cybot A/S will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
8.2. Unless otherwise expressed, Cybot A/S expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to any implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
9.1. All content and materials available on www.cybot.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Cybot A/S, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Cybot A/S.
10. Governing Law and Venue
10.1. This website is controlled by Cybot A/S, Denmark. By accessing our website or creating an user account you agree that the laws of Denmark, excluding any provisions of law that would lead to the application of any law other than Danish law shall apply to all matters relating to the use of our website and the purchase of any products or services through this site.
10.2. In the event of any dispute or difference arising under or in connection with these Terms or the Agreement (including a dispute or difference as to the validity of the Terms or the Agreement), such dispute or difference shall be referred to and resolved according to the judgment of the Danish courts and you hereby submit to the exclusive jurisdiction of the Danish courts.
11. Contact Information
If you have any questions or comments about these Terms of Service as outlined above, you can contact us at: