THE FOLLOWING USER AGREEMENT ("AGREEMENT")
SETS FORTH THE TERMS ON WHICH USERS OF CYTAK, INC.
CAN ACCESS OUR SERVICES AND THE CYTAK.NET WEB SITES. PLEASE READ THE FOLLOWING AGREEMENT
CAREFULLY. BY ACCESSING CYTAK.NET, AND/OR THE CYTAK WEB
SITE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS AGREEMENT AND AGREEING
TO BECOME BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS
AND CONDITIONS, DO NOT ACCESS CYTAK.NET, SOFTDEVICES OR ANY OF ITS
PAGES. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS,
PLEASE SEND AN E- MAIL TO SUPPORT@CYTAK.NET
Cytak, Inc. (Cytak®) offers its users
information about process and activity management services, product and
technology information and the cytak.net-service (collectively, the "Services").
The Services are provided to you under the terms
and conditions contained herein and in any operating rules or policies
published from time to time by Cytak. This Agreement contains
the entire agreement between yourself and Cytak and supersedes
all prior agreements between the parties regarding the subject matter
hereof. Please report any violations of this Agreement to support@CYTAK.net
Each user acknowledges and agrees that he or she
must: (a) provide all equipment necessary to establish a connection to
the World Wide Web; and (b) pay any service fees associated with such
access. Each user understands that Cytak provides no assistance,
including any technical or customer support, to the users, and that your
use of any of the Services is at your own risk.
Our Services are available only to individuals who
have the capacity to form legally binding contracts under applicable law.
Without limiting the generality of the foregoing, you are not eligible
to use the Services. IF YOU ARE UNDER 18, YOU CAN USE THIS SERVICE ONLY
IN CONJUNCTION WITH YOUR PARENTS OR LEGAL GUARDIAN.
Modifications to Services
Cytak reserves the right to modify or
discontinue, permanently or temporarily, any aspect of the Services for
any reason, at its sole discretion, with or without notice to you. Cytak
shall not be liable to you or any third party should Cytak
exercise its right to modify or discontinue any or all aspects of the
Modifications to the Agreement
Cytak may from time to time change the
terms of this Agreement with or without notice to you. Any amendment shall
be effective immediately when posted to this area of the site without
notice. Your continued use of the Services following the posting of any
such modification constitutes an affirmative: (a) acknowledgment by you
of the Agreement as amended; and (b) agreement by you to abide and be
bound by the Agreement as modified.
In consideration for your access to the Service,
you agree to provide complete and accurate information when creating your
account (the "User Information"). Without limiting the generality
of the foregoing, you agree to: (a) provide current, complete, and accurate
information when prompted to do so; and (b) maintain and update this information
as required to keep it current, complete and accurate.
The User Information that you provide: (a) shall
not be fraudulent or involve the sale of counterfeit or stolen items;
(b) shall not infringe any copyright, patent, trademark, or other proprietary
rights or rights of another company or individual; (c) shall not violate
any law, statute, ordinance or regulation; (d) shall not be defamatory,
trade libelous, unlawfully threatening or harassing; (e) shall not be
obscene or contain child pornography or, if otherwise harmful to minors,
must be posted only in the appropriate section and shall be distributed
only to people legally permitted to receive such content; (f) shall not
contain any viruses, Trojan horses, worms, time bombs, or other computer
programs that are intended to damage, interfere with, intercept or expropriate
any system, data or personal information.
If any User Information that you provide is untrue,
inaccurate, not current or incomplete, Cytak has the right
to issue a warning, temporarily suspend, or terminate your membership
and to refuse any and all current or future use of the Services.
Use of User Information
Cytak considers the User Information
that its users include on the Service to be the private correspondence
of its users, and Cytak holds the privacy and security of our
site visitors and members alike in the highest regard. To this end, Cytak
provide to us, which is hereby incorporated by reference.
Generally, Cytak will not monitor or
disclose User Information about a user or a user's private content, except
to the extent that Cytak may do so in the good faith belief
that such action is reasonably necessary: (a) to comply with law or court
order; (b) as requested by other government or law enforcement authority;
(c) to comply with legal process; (d) to enforce the terms of this Agreement;
(e) to respond to claims that such contents violate the rights of third
parties; and (f) to protect the interests of Cytak or others.
You hereby acknowledge and agree that Cytak
does not endorse any of the content that is created or transmitted via
the Services and that Cytak is not responsible or liable for
any unlawful, harassing, libelous, privacy invading, abusive, threatening,
harmful, vulgar, obscene, tortuous, or otherwise objectionable content,
or content that infringes or may infringe the intellectual property or
other rights of another.
Account, Password and Security
After you have become a member of the Services,
you will be prompted to select a user ID and a personalized password.
You are entirely responsible for your failure to maintain the confidentiality
of your user ID and password and for any and all activities which occur
under your user ID and password. You hereby agree immediately to notify
Cytak of any unauthorized use of your user ID or any other
breach of security known to you. In addition, your right to use the Services
is personal to you. You agree not to resell or make any commercial use
of the Services, without the express written consent of Cytak.
Use of Software and Service
If you use software from Cytak.net ("Software"),
use of the Software is subject to the terms in the that you must acknowledge before purchasing any service plan.
Links To Other Web Sites
Links to third party Web sites on Cytak.net are
provided solely as a convenience to you. If you use these links, you will
leave Cytak.net. Cytak has not reviewed all of these third
party sites and does not control and is not responsible for any of these
sites or their content. Thus, Cytak does not endorse or make
any representations about them, or any information, software or other
products or materials found there, or any results that may be obtained
from using them. If you decide to access any of the third party sites, you
do this entirely at your own risk.
Each user hereby agrees to indemnify and hold harmless
Cytak its parent, subsidiaries, affiliates, directors, officers,
employees and agents from and against any and all losses, liabilities,
claims, suits, proceedings, demands, judgments, damages, expenses, costs
(including without limitation reasonable attorneys' fees), fines, penalties,
response costs and costs of remediation incurred arising out of or in
connection with your use of the Services, your violation of the terms
of this Agreement, or the infringement by you or by any user of CYTAK.net
using your computer of any intellectual property or other right of any
person or entity.
Since Cytak is not involved with transactions
between its users, in the event that you have a dispute with another user,
you hereby release Cytak, its officers, directors, agents and
employees from any and all claims, demands, and damages (actual and consequential)
arising out of or in any way connected with such disputes. If you are
subject to the laws of the State of California, you represent that you
understand, comprehend and appreciate the meaning and significance of
Section 1542 of the California Civil Code of the State of California and,
having such understanding, comprehension and appreciation, hereby waive
any and all rights you may have under said Section 1542, which provides
as follows: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
executing the release, which if known by him, must have materially affected
his settlement with the debtor."
THE SERVICES ARE PROVIDED "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, CYTAK MAKES NO WARRANTY OR
REPRESENTATION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES
CYTAK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICES. Some jurisdictions do not allow
the exclusion of certain warranties, so some of the above exclusions may
not apply to you.
Limitation on Liability
CYTAK SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM
(A) THE USE OR THE INABILITY TO USE THE SERVICE, (B) ANY MESSAGES RECEIVED,
(C) TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR (D) UNAUTHORIZED
ACCESS TO, OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some
jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages so some of the above limitations may
not apply to you.
CYTAK MAY, AT ITS SOLE DISCRETION, IMMEDIATELY
TERMINATE YOUR ACCOUNT SHOULD YOUR CONDUCT FAIL TO CONFORM WITH THIS AGREEMENT.
This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof. This
Agreement shall be governed by and construed in accordance with the laws
of the state of California, U.S.A., without regard to its conflicts of
laws provision. Each user submits to jurisdiction in California. If one
or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other
provision thereof and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein. The
failure by Cytak to enforce any of the provisions of this Agreement
or its rights with respect thereto, shall in no way be considered to be
a waiver of such provision or rights or in any way effect the validity
of this Agreement.
Parental control protections, including as computer
hardware, software, or filtering are commercially available that may assist
you in limiting access to material that is harmful to minors. If you are
interested in learning more about these protections, information is available
at http://www.worldvillage.com/wv/school/html/control.htm or other similar