Terms of Service
Exabyte Engineering LLC
TERMS OF SERVICE
Revised: January 1, 2014
By accessing or using Exabyte Engineering LLC's ("Exabyte Engineering," "we," "us," or "our") (a) website located at http://www.exabyteengineering.com/ (the "Site") or (b) any Exabyte Engineering game, application, or other content or (c) any other websites designed or maintained by Exabyte Engineering ((a), (b) and (c) collectively, the "Service") (I) YOU REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (THESE "TERMS") OR (II) IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you do not agree with all of these Terms, or you are not at least thirteen (13) years of age, or you are between the ages of thirteen (13) and eighteen (18) and your legal guardian does not agree with all of these Terms, please do not access and/or use the Site or Service.
These Terms may be amended by Exabyte Engineering from time to time. If we make material changes to these Terms, we will notify you by posting the revised Terms on our Site or notifying you through your Exabyte Engineering game application interface or at your primary email address (as specified in your account information). Your continued use of any Site or Service thirty (30) calendar days after the changes are first notified by Exabyte Engineering as described above will constitute your agreement to such changes. If you object to any change, your sole recourse shall be to immediately terminate your account and cease using the Site and Service.
- Your Account with Us. You do not have to register on our Site in order to visit the Site. However, certain portions and features of our Service may be accessed only by creating an account with us by registering on our Site or through the Exabyte Engineering game application interface on your mobile phone or device. By creating an account and/or using our Service, you represent and warrant that (a) all required registration or other information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of our Service does not violate any applicable law or regulation or these Terms. When you sign up for an account, you will be asked to choose a screen name and a password for your account. You may not use a user name or user profile that is used by someone else or that violates Section 4.1. You may control your user profile and how you interact with the Service by changing your settings in your account.
- Your Account with Third Party Affiliated Websites. Exabyte Engineering may provide, and you may access, portions of the Service Content on third party social networking websites ("Third Party Affiliated Websites"). If you are accessing the Service or Service Content through a Third Party Affiliated Website, you may be required to be a registered member of that Third Party Affiliated Website and you must be in compliance with the terms and conditions applicable to that Third Party Affiliated Website in addition to these Terms.
- Confidentiality. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You agree not to (i) use the account, username, screen name, or password of any other user at any time; (ii) allow or enable any third party to use your account, username, screen name, or password; or (iii) sell, rent, borrow, or otherwise transfer your account, temporarily or permanently, to any third party. You are solely responsible for any and all use of your account.
- Breach. If you violate these Terms, Exabyte Engineering reserves the right to issue you a warning regarding the violation or, under Section 12.2 of these Terms, immediately suspend or terminate your account and your right to access and use the Site, Service, and Service Content (as defined in Section 3.1 below). You agree that Exabyte Engineering need not provide you notice before terminating or suspending your account and your right to access and use the Site, Service, and Service Content.
- Fees. Exabyte Engineering may charge fees for the use of certain portions or aspects of our Service, including games, Virtual Currency and Virtual Goods, as such fees are further described on our Site or Service. Fees are subject to change at any time. You must provide us with valid credit card information or other payment information prior to registering for the Service. You agree that we may charge fees to your credit card or other payment account for such Service and that you will pay all applicable fees assessed to your account. We may also accept payment through gift cards or gift certificates. If the total amount of a transaction is greater than the balance available on any such gift cards or gift certificates, we may refuse the transaction or charge your designated credit card or payment account for the balance.. Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Our fees do no include charges and rates charged by your mobile carrier, including for data and messaging plans which are required to use the mobile features of the Service, and you are solely responsible for the payment of such charges and rates.
- Proprietary Rights
- Service Content. You acknowledge that all intellectual property rights in our Site, Service and the underlying technology, and all information and content available on our Site and through the Service, excluding Your Content (as defined in Section 3.2 below) but including games, accounts, characters, and Virtual Currency and Virtual Goods (as such terms are defined in Section 9.1 below) (collectively, the "Service Content"), are owned by us and our suppliers (including other users). The Service Content is protected by copyright laws throughout the world. Subject to your compliance with these Terms, Exabyte Engineering grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to view and use the Service Content for your personal non-commercial entertainment purposes. No other use of the Service Content is authorized. In consideration of this authorization, you agree that any copy of the Service Content that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, or exploit any Service Content in whole or in part without our prior written authorization. We and our suppliers (including other users) reserve all rights not granted in this Agreement. There are no implied licenses.
- Your Content. We do not claim ownership in any text, graphics, images, sounds, video, and other material, information, or content, uploaded to, or transmitted on or through, the Site or Service by you, but excluding any Feedback you submit (collectively, "Your Content"). We are not obligated to back up any of Your Content. You are solely responsible for creating backup copies of and replacing any of Your Content that you post or store on our Service, at your sole cost and expense. You hereby grant to Exabyte Engineering, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and otherwise use Your Content in connection with providing our Service. You should only upload Your Content to our Service (a) for which you are willing to grant the licenses described above and (b) for which you have sufficient rights to grant the licenses described above.
- Feedback. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Site, the Service, or the Service Content, including location names and descriptions therefor for incorporation in our games (collectively, "Feedback"), we may use such Feedback for any purpose, provided we will not associate such Feedback with your account username. So that we may incorporate Feedback into the games, products, and services, we may offer to you and/or other users, you agree that Exabyte Engineering alone will own all worldwide right, title and interest, including all related intellectual property rights, in and to all Feedback and you hereby irrevocably and unconditionally assign such Feedback and all such rights to Exabyte Engineering free of charge. If such assignment is ineffective under applicable law, you hereby grant to Exabyte Engineering, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all Feedback. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
- Acceptable Use and Conduct. You are solely responsible for any and all of Your Content and you agree that you will use our Site and Service in compliance with all applicable laws and regulations.
- Prohibited Content. You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. "Prohibited Content" includes content that: (a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) bullies, defames, harasses or advocates stalking of, or intimidates another person; (c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming;" (d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) is threatening, including threats directed at minors, threats against another individual or their family, and other such remarks which, in our opinion, are outside the scope or context of the game or site; (f) infringes another person's content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (g) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism) or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (h) contains viruses, Trojan horses, worms, time bombs, or similar software; or (i) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: (1) you own Your Content or otherwise have the right to grant the licenses set forth in this Agreement and (2) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other proprietary rights or intellectual property rights of any person.
- Prohibited Conduct. You agree that you will not initiate, engage in, or promote Prohibited Conduct in connection with the use of our Site or Service, or to mimic in-game experiences in the real world. "Prohibited Conduct" includes: (a) cheating or using, developing or distributing automation software programs ("bots"), "macro" software programs or other "cheat utility" software programs or applications which are designed to modify the Service or the Exabyte Engineering experience; (b) exploiting, distributing or informing other users of any game or site error, miscue or bug which gives an unintended advantage; (c) interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Site or Service including by (i) covering or obscuring any advertisements on any web page that is part of our Site or Service via HTML/CSS, scripting, or any other means, (ii) creating an undue burden on our Service or our network, (iii) introducing software or automated agents to our Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from our Service, (iv) modifying any data or equipment to manipulate the functionality of our Service, or (v) interfering with any other user's experience; (d) promoting or encouraging any illegal activity including hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service; (e) restricting or inhibiting any other user from using and enjoying the Site or Service (such as, but not limited to, disrupting the flow of chat in chat rooms with Prohibited Content, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, or flooding (continuous posting repetitive text)); (f) promoting, encouraging, advocating, or providing instructional information about illegal activities such as, without limitation, making or buying illegal weapons, illegal drugs, or illegal substances, committing real world crimes, violating someone's privacy, or providing or creating computer viruses and other harmful code; (g) exploiting persons under the age of eighteen (18) in a sexual or violent manner, or soliciting personal information from anyone under eighteen (18); (h) soliciting passwords or personally identifying information for commercial or unlawful purposes from other users; (i) except as approved by us in writing, conducting commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (j) subleasing your account or offering "free space" on or other access to your account to third parties; (k) improperly using support channels or complaint buttons to make false reports to Exabyte Engineering; (l) violating any other terms governing the access or use of the Service; (m) using the Service for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or (n) otherwise creating liability for Exabyte Engineering.
- Enforcement by Us. We have the right (but not the obligation) to review any or all portions of Your Content and delete (or modify) any of Your Content from our Site or Service for any reason, including if we believe, in our sole judgment, Your Content violates this Agreement or is Prohibited Content, or that we believe, in our sole judgment, constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation), in our sole discretion, to investigate and take appropriate action, including removing Your Content from our Site (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Service, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, Your Content, and your conduct.
- Location Information. You may add, identify, or modify location information about real world properties on the Service (each, a "Spot"). You should be careful about adding or identifying Spots because location information about such Spots will be available to the public and identified with your user name and user profile (if you are the first user to add or identify that Spot) (for example, adding or identifying your home as a Spot discloses location information about your home to the public and your user name and user profile). If you decide to add or identify Spots and associated location information on the Service, you do this entirely at your own risk.
- Public Areas and Invitee Areas. "Public Areas" are those areas of our Site or Service such as chat rooms or forums, message boards, bulletin boards, news groups, and pages that include testimonials, to which you may send communications that are publicly available to anyone who may have access to that public area. "Invitee Areas" are those areas of our Site or Service that may be accessed only by you and any of your invitees logging in with his/her account username. You should be careful about your communications in Public Areas because these communications disclose to the public your user name and user profile and any Personal Information you choose to disclose. Similarly, you should be careful about your communications in Invitee Areas because these communications disclose to your invitees your account username and any Personal Information you choose to disclose. Any information you include in any public profile, such as your message board profile, or in your messages using third party instant messaging communications (such as, but not limited to, Twitter) is also available to others. You (and not Exabyte Engineering) are solely responsible for your communications and the consequences of posting these communications to any Public Area and/or Invitee Area.
- Third Party Promotions and Links. Our Site or Service may contain advertisements and other promotional content of third parties including links to third party websites or vendors (collectively "Third Party Promotions and Links"). We make no representation or warranty regarding any content, goods or services contained in such Third Party Promotions and Links, and will not be liable for any claim relating thereto. These Third Party Promotions and Links are not under the control of Exabyte Engineering, and Exabyte Engineering has no responsibility for, their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions and Links to you only as a convenience and we do not imply any endorsement or recommendation of their content, goods, or services, or of any association of us with such third parties. If you decide to access any of these Third Party Promotions and Links, you do this entirely at your own risk and any separate charges or obligations you incur in your dealings with these third parties, are your responsibility. Third Party Promotions and Links including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
- Release. You agree that we do not assume any responsibility or liability for the content (including location information) provided by, or the conduct of, any user and you bear the entire risk of continuing to use the Site, Service, and Service Content, including your interactions with other users of the Service. In addition, your interactions with third parties from whose websites or platforms portions of the Service or Service Content may be made available are solely between you and such third parties. You agree that Exabyte Engineering will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense, incurred as the result of any such interactions with other users or third parties. If there is a claim or dispute between you and any such users or third parties, we are under no obligation to become involved. You hereby release and forever discharge us, our directors, officers, employees, agents, successors, and assigns, from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any of your interactions with, or the acts or omissions of, any such users or third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
- Virtual Currency and Virtual Goods
- The Service may include virtual, in-game currency, including game coins, game cash, and/or game points (collectively, "Virtual Currency") and/or virtual, in-game digital items, including digital weapons (collectively, "Virtual Goods"), in each case that may be purchased from Exabyte Engineering for legal tender (that is, "real world" money) if you are of legal age in your country of residence. You agree that all sales of Virtual Goods and Virtual Currency are final. No refunds will be given, except in our sole and absolute discretion. You agree that all Virtual Goods and Virtual Currency purchased by you are forfeited if your account is terminated or suspended for any reason or if Exabyte Engineering discontinues providing any or all portions of the Service. Exabyte Engineering has the absolute right to manage, regulate, control, modify and/or eliminate any or all Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion. Prices and availability of Virtual Currency and Virtual Goods are subject to change without notice. Exabyte Engineering shall have no liability to you or anyone for the exercise of such rights.
- Limited License. Subject to your compliance with these Terms, Exabyte Engineering grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to use the Virtual Goods and Virtual Currency within the Service solely for your personal non-commercial entertainment purposes. Except for the foregoing license, you have no right, title, or interest in or to any such Virtual Goods or Virtual Currency, or any other attributes associated with the use of the Virtual Goods or Virtual Currency stored within the Service.
- No Transfer. Transfers of Virtual Currency and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Regardless of the terminology used, however, you may not buy or sell any Virtual Currency or Virtual Goods outside the Service or exchange or redeem them for "real world" money, goods or other items of monetary value from Exabyte Engineering or any other person. Doing so or any attempt to do so will be a violation of these Terms and may result in a lifetime ban from the Service and possible legal action.
- Modification. Exabyte Engineering reserves the right, at any time, to modify, suspend, or discontinue the Site or Service, including any content thereon, or any parts of the foregoing with or without notice. You agree that Exabyte Engineering will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Service, including any content thereon, or any parts of the foregoing with or without notice.
- Security. Security is a high priority for us, and we make reasonable efforts to protect your account through the design of our Site and Service, as well as through technical means, including the use of encryption and firewalls. However, no company, including Exabyte Engineering, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your account or Your Content, including your personal information, while it is transmitted over the Internet or stored on our Site or Service.
- Termination by You. You may terminate your account with us at any time and for any reason by providing notice of termination to us through either of the following methods: by issuing an email to email@example.com, by sending written notice by registered or certified mail, return receipt requested, addressed to Exabyte Engineering LLC, Attention: Terms of Service, 934 N. University Drive, #333 Coral Springs, FL 33071. Notice will be deemed given when received by Exabyte Engineering. You may terminate the use of the Service from a Third Party Affiliated Website by following the provisions in the terms and conditions applicable to that Third Party Affiliated Website.
- Termination by Us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Site or Service at any time, for any reason, including your violation or breach of any provision in these Terms.
- Effect of Termination. All licenses granted to you in these Terms will immediately cease upon any termination of these Terms. If your account or access to the Site or Service is terminated or suspended whether by you or by Exabyte Engineering, you will not be entitled to any refund nor will any Virtual Currency or Virtual Goods be credited or reimbursed to you in any form, whether in virtual form or "real world" form, and you will have no further right to access any of the foregoing or your account.
- THE SITE, SERVICE, AND SERVICE CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SITE, SERVICE, OR SERVICE CONTENT, WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THESE TERMS AND THE SITE, SERVICE, AND SERVICE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR CURRENTNESS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR SITE, SERVICE, OR SERVICE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST USE OF SUCH SITE, SERVICE, OR SERVICE CONTENT. NO WARRANTIES ARE MADE BY ANY OF OUR SUPPLIERS. YOUR ACCESS AND USE OF THE SITE, SERVICE, AND SERVICE CONTENT, IS AT YOUR OWN RISK.
- YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY OF YOUR CONTENT, INCLUDING ANY LOCATION INFORMATION, TO US THROUGH OUR SITE OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK UPS OF YOUR CONTENT.
- Exabyte Engineering OPERATES AND PROVIDES THE SITE AND SERVICE FROM THE UNITED STATES. Exabyte Engineering MAKES NO REPRESENTATION THAT THE SITE, SERVICE, OR SERVICE CONTENT, ARE APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THE INFORMATION PROVIDED ON THE SITE OR SERVICE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO ANY LAW OR REGULATION OF THAT JURISDICTION OR COUNTRY OR WHICH WOULD SUBJECT Exabyte Engineering TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
- Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Exabyte Engineering WILL NOT BE LIABLE IN ANY WAY FOR ANY CLAIM, DAMAGE, COST, LIABILITY, OR LOSS OF ANY KIND, INCLUDING LOSS OR DAMAGE TO YOUR ACCOUNT, YOUR CONTENT, GAME PLAY, VIRTUAL CURRENCY, VIRTUAL GOODS, CHARACTERS, OR OTHER DATA OR INFORMATION, OR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, SERVICE, OR SERVICE CONTENT, FOR ANY REASON, INCLUDING INTERRUPTIONS OF THE SITE OR SERVICE CAUSED BY (A) SOFTWARE OR HARDWARE FAILURES OR ISP DISRUPTIONS, (B) DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY US, (C) YOUR CONTENT, (D) LOCATION INFORMATION PROVIDED BY YOU, ANY OTHER USER, OR OTHERWISE DISCLOSED ON THE SERVICE, OR (E) YOUR OR ANY OTHER USER'S ERRORS OR OMISSIONS.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Exabyte Engineering BE LIABLE IN ANY WAY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SITE, SERVICE, OR ANY SERVICE CONTENT, EVEN IF Exabyte Engineering HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- Exabyte Engineering'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS, THE SITE, SERVICE, AND SERVICE CONTENT, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) FIFTY US DOLLARS ($50) OR (B) THE AMOUNTS YOU HAVE PAID Exabyte Engineering IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE FIRST CLAIM GIVING RISE TO THE LIABILITY.
- YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE, SERVICE, OR SERVICE CONTENT.
- Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in Sections 13 and 14 above may not apply to you.
- Indemnification. You agree to defend, indemnify, and hold Exabyte Engineering and its directors, officers, employees, agents, successors, and assigns (collectively, the "Indemnified Parties"), harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including attorneys' fees) incurred by Exabyte Engineering or any Indemnified Party arising out of or relating to (a) your access and use of, or inability to access and use, the Site, Service, or Service Content, (b) Your Content, or (c) your violation or breach of any provision in these Terms or your violation of any rights of a third party.
- Copyright Policy. It is our policy to remove, or disable access to, material that infringes any copyright from our Site or through our Service after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on our Site or through our Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Site or through our Service; (d) your address, telephone number, and e-mail address; (e) 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 law; (f) 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. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Exabyte Engineering LLC
Attention: Copyright Agent
934 N. University Drive, #333
Coral Springs, FL 33071
- Marks. All trademarks, logos and service marks displayed on the Site or Service ("Marks") are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- General Provisions. These Terms constitute the entire agreement between you and Exabyte Engineering regarding your use of our Site, Service, and Service Content, and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. As used in these Terms, the word "including" means "including but not limited to." Section headings used herein are for convenience only and shall not be given any legal import. You agree that these Terms will not be construed against Exabyte Engineering by virtue of having drafted them. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from us, in violation of United States export laws or regulations. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction. You acknowledge that Exabyte Engineering shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you of Exabyte Engineering's intellectual property or proprietary rights or Section 4. These Terms and any action related to these Terms will be governed and interpreted by and under the laws of the State of Florida, United States of America without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction. By using our Site or Service you hereby expressly consent to personal jurisdiction and venue in the state and federal courts for Broward County, Florida, United States of America for any lawsuit filed there against you by us arising from or relating to these Terms.
- Contact Information. If you have any questions about these Terms, please contact us by e-mail at firstname.lastname@example.org or by writing to us at Exabyte Engineering LLC, 934 N. University Drive, #333 Coral Springs, FL 33071, in each case marking the message "Attention: Terms of Service."