Terms Of Services
BY REGISTERING FOR AN ACCOUNT OR CONNECTING TO OR USING THE SERVICE IN ANY MANNER, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU” OR “USER”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS OF SERVICE (“TERMS OF SERVICE”).
PLEASE READ THESE TERMS OF SERVICE, FULLY AND CAREFULLY BEFORE USING ANY SERVICES PROVIDED BY CYBLE ODIN (“SERVICE”) OWNED and OPERATED BY CYBLE INC. (“COMPANY” OR “CYBLE” OR “CYBLE ODIN”).
IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS SERVICE, DO NOT USE THE SERVICE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF YOU ARE USING THIS SERVICE ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.
As part of its service providing a search engine collecting information from publicly accessible networks, the Service allows the user to access, use and analyse under its sole responsibility and in complete autonomy, the service for querying information as made accessible.
2. RELATIONSHIP BETWEEN USER AND COMPANY
- The use of services being CYBLE ODIN is considered as an unreserved acceptance of the terms of service binding the user.
- The service allows the consultation and use of the information flows made available by CYBLE ODIN to user.
- Any person connecting and making use of the service recognizes, unequivocally agrees and guarantees:
- To have read the terms of service;
- To be authorized and empowered by law to use the Service for lawful purposes;
- To have all the rights allowing access to the Service from the place of connection;
- To have the necessary expertise to be able to use the Service independently.
- Any reservations or disputes regarding these terms of service on behalf of the user will be interpreted to imply that such reservation or dispute is a refusal to consent to the terms of service whereupon the user must not use the services.
3. USAGE, RESTRICTIONS AND USER OBLIGATIONS
The following conditions, in addition to other such terms as provided for under the terms of service, apply to any usage of the Services.
- Access to the Service and exchanges of data between the user and service will require an Internet connection for the user. Updates of the Service may include modifications to the Service and/or modifications of the features available through the Service. No guarantee whatsoever is given as to the sustainability of the functionalities available on the Service.
- By using the Service, you agree not to:
- use the Service in a manner contrary to all the applicable laws, regulations and rules.
- use the Service in a manner that violates the rights of the company, other users or third parties including but not limited to intellectual property rights, other proprietary rights and privacy rights.
- cause any prejudice, whether directly or indirectly, against CYBLE ODIN.
- fraudulently introduce any data in the Service or through the Service;
- harm, hinder, distort the good operation of the Service, or make use of the Service to, in any way, harm the rights of third parties or CYBLE ODIN;
- take any action and/or method allowing the extraction of data, any action of automatic reading of data, of data extraction, targeting the Service, the Site, the servers, and databases of CYBLE ODIN, allowing, directly or indirectly the migration and/or duplication of all or part of the data and services accessible from the Service;
- test the vulnerability, performance, and functionality of the Service for any reason other than those necessary for the use of the Service or responsible reporting to CYBLE ODIN;
- bypass the means implemented by CYBLE ODIN to protect the security of the Service;
- use any means to bypass the authentication methods implemented by CYBLE ODIN and necessary to connect to the Service;
- access and remain without authorization in areas normally accessible through identification;
- use the voluntary reporting system for commercial or extortion purposes.
- User agrees to notify CYBLE ODIN of any actual or suspected unauthorized use or access of the Service and provide reasonable assistance to CYBLE ODIN in the investigation and prosecution of any such unauthorized use or disclosure.
- Except for the limited usage rights granted herein, neither any right nor any other use is permitted and CYBLE ODIN (and the company including its licensors) shall retain all rights, title, and interest in and to the Service, CYBLE ODIN Property and CYBLE ODIN logos. As between CYBLE ODIN and User, the Service, Property, and CYBLE ODIN’s brand features, and all intellectual property rights contained in any of the foregoing, whether registered or unregistered, are and shall always remain the sole and exclusive property of CYBLE ODIN (and the company including its licensors) and are protected by applicable intellectual property laws and treaties. User shall abide by and maintain all copyright notices, information, and restrictions contained in any CYBLE ODIN Property accessed through the Service.
4. PROPRIETARY RIGHTS
- The Service contains protected information, elements, intellectual property and code. By using the Service, you are granted by CYBLE ODIN a personal license relating to the Service, its updates and evolutions, non-transferable, non-exclusive, for use in accordance with these terms of service and for the duration of the relationship allowing you to use the Service, through the Service, to benefit from the various functionalities made available to you by CYBLE ODIN. Accordingly, you acknowledge that the Service is not sold to you, and you have no ownership rights over it.
- Unless otherwise stated, these rights are recognized to you on updates and changes of the Service. The Service is made of a set of texts, photographs, graphics, images, brands, logos, designs, computer codes, software, fonts or any other element marked by intellectual property rights that we hold or that have been licensed to us by third parties in order to incorporate them directly or indirectly on and/or in the Service.
- You acknowledge that the terms of service prohibit you from performing any improvement, modification, marketing, rental, or translation of the Service and/or its Components.
- CYBLE ODIN shall own all rights, title, and interest (including all intellectual property and other proprietary rights) in and to the services. CYBLE ODIN reserves the right to, but CYBLE ODIN is not obligated to remove, edit, or modify any CYBLE ODIN Property at its sole discretion, at any time, without notice to User and for any reason or for no reason at all.
- The user agrees that for the duration of the use of service and for seven (7) years from the termination of the use of service, for any reason whatsoever:
- to consider as confidential and to treat all general and specific information communicated during the use of the Service as confidential;
- to take, regarding third parties, all appropriate measures to ensure that this commitment is respected.
- Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information's being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party's or any of its Representatives' noncompliance with the terms of service; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.
CYBLE ODIN AND THE COMPANY HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO THE USER. USER ACKNOWLEDGES THAT CYBLE ODIN HAS NO DUTY TO TAKE ANY ACTION REGARDING (I) WHICH USERS GAIN ACCESS TO THE SERVICE, (II) WHAT CYBLE ODIN DATA USER ACCESSES VIA THE SERVICE, OR (III) HOW THE USER MAY INTERPRET OR USE THE CYBLE ODIN DATA. THE USER RELEASES CYBLE ODIN FROM ALL LIABILITY FOR THE USER HAVING ACQUIRED OR NOT ACQUIRED CYBLE ODIN DATA THROUGH THE SERVICE. CYBLE ODIN MAKES NO REPRESENTATIONS CONCERNING ANY CYBLE ODIN DATA CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND CYBLE ODIN WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, OR LEGALITY OF MATERIAL OR CYBLE ODIN DATA CONTAINED IN OR ACCESSED THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CYBLE ODIN HEREBY DISCLAIMS (FOR ITSELF, ITS AFFILIATES, AND ITS SUPPLIERS) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CYBLE ODIN MAKES NO WARRANTY THAT THE SERVICE OR ANY CYBLE ODIN DATA WILL MEET THE USER’S REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE OR BUG-FREE. CYBLE ODIN MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO THE PERFORMANCE OF THE USER’S PRODUCTS, SERVICES AND ANY OTHER COMMERCIAL OFFERINGS OF THE USER INTO WHICH CYBLE ODIN DATA MAY HAVE BEEN INCORPORATED.
User agrees to defend, indemnify and hold harmless CYBLE ODIN, the corporate affiliates, subsidiaries of the company owning CYBLE ODIN and each of its and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses (including reasonable attorney’s fees) that arise from or relate to (i) User’s misuse of, or access to, the Service, the Data, (ii) any product, service or other commercial/non-commercial offerings of User into which the CYBLE ODIN Data have been incorporated or with respect to which User utilizes the Service, or (iii) infringement by User, or any third party using User’s access or identity in the Service, of any intellectual property or other rights of any person or entity. CYBLE ODIN reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with CYBLE ODIN in asserting any available defences.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL CYBLE ODIN, THE OWNER COMPANY OR ITS CORPORATE AFFILIATES NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE, USE OF SERIVCE OR IN RESPECT TO THE TERMS OF SERICE, FOR ANY (I) LOSS OR INACCURACY OF OR DAMAGE TO DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (II) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (III) DAMAGES, IN THE AGGREGATE, IN EXCESS OF (IN THE AGGREGATE) $1.00. THESE LIMITATIONS ARE INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS OF SERVICE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
CYBLE ODIN may terminate User’s access to all or any part of the Service or CYBLE ODIN data at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with the user. Users may terminate the service by not using the service. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User’s content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Severability: If any provision of he terms of service is held invalid or unenforceable, it will be replaced with the valid provision that most closely reflects the intent emanating from the term being replaced and the remaining terms of service will remain in full force and effect.
- Cancellation: These terms of service are terminated automatically upon termination of permitted use of services for the user, for any reason whatsoever. Thereafter, you will not be permitted to access the services by CYBLE ODIN.
- No Waiver: Non-insistence on strictly enforcing any of the provisions of these terms of service does not imply the waiver by CYBLE ODIN to subsequently invoke this provision, nor to take advantage of the possible breach to the provision. No delay or failure CYBLE ODIN to exercise any right or remedy under the terms of service or otherwise, will constitute a waiver of such right or remedy.
- Governing Law and Dispute Resolution forum: These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions, and the United States of America. In the event of a conflict between the laws of the United States and the laws of another country, the laws of the United States shall apply. The User agrees and consents to submit to the exclusive authority of the Court in Georgia, US for adjudication of all or any disputes relating to these terms of service.