Effective Date: January 1, 2015
This Agreement is a legally binding contract between you and/or your employer and CyberExtruder. It is important that you take the time to read the Agreement carefully. You should print or save a copy of this Agreement for your records. By accepting this Agreement, you are consenting to receive and enter into this Agreement in electronic form, acknowledging that you have read and agree to be bound by its terms, acknowledging that you have electronic access to the Agreement and any other disclosures or notices available on the Website. You can review the most current version of the Agreement on the Website or such other online location as CyberExtruder may designate. If you wish to have a copy of this Agreement in hard copy and you are unable to print a copy, we will provide you with a paper copy at no charge upon receipt of your request transmitted as provided herein in the Notice section.
CyberExtruder may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content or the ability to input or upload content to the Website. CyberExtruder may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
Any questions or comments regarding, or problems with, this Website should be sent to the Website Administrator at contact@CyberExtruder.com. If you become aware of misuse of this Website by any person, please contact abuse@CyberExtruder.com with your concerns.
Collection and Use of Personal Information & Privacy
Registration & Account Security
CyberExtruder may require registration or the creation of an account to use certain features of the Website. If at any time such registration is required and you choose to register or create an account with CyberExtruder, the following terms and conditions also apply.
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Website’s sole discretion, and the Website may refer you to appropriate law enforcement agencies.
If any account that you have with CyberExtruder permits you to make purchases or otherwise enter into any contracts or agreements, you will be responsible for all such activity undertaken under your password whether you have consented to the use of your password or not. It is critical that you not share your password.
You must notify abuse@CyberExtruder.com of any known or suspected unauthorized use(s) of your account, or the Website, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
By registering for an account, you agree that the Website may display your username, the content which you have posted to the Website and your Facebook image. By creating an account, you agree to allow CyberExtruder to print, publish, broadcast and use, worldwide, in any media and at any time and for any purpose, any of the foregoing without additional compensation.
Legality & Taxes
You agree the Website cannot be held liable if laws applicable to you restrict or prohibit your participation. The Website makes no representations or warranties, implicit or explicit, as to your legal right to participate in any surveys or other interactive services and offerings offered on the Website nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties, and it is your responsibility to ensure that it is permissible to access and use the Website.
The Website reserves the right to monitor the location from which you access the Website and to block access from any jurisdiction other than the U.S., or any U.S. jurisdiction in which participation is illegal or restricted.
License to Access and Use the Website
The CyberExtruder Content includes data and information obtained from third parties.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Website including, without limitation, the CyberExtruder Content, graphic images, textual material, designs, fonts, icons, link buttons, wallpaper, desktop themes, unless you have obtained the prior written consent of CyberExtruder or unless it is expressly permitted by this Website in each instance. This prohibition applies regardless of whether the derivative materials are sold, bartered or provided without charge.
CyberExtruder, the CyberExtruder logo, CyberExtruder.com, 3D Imaging Solutions, Aureus 3D, Aureus 3D logo, Aureus3D.com, Aureus1.com, Aureus2.com, and Identity Accelerator are trademarks of CyberExtruder.com, Inc., and all other trademarks, service marks and trade names used on the Website are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of CyberExtruder or the owner of such trademark, service mark or trade name.
User Content, Bulletin Boards, Chat Rooms & Posts
You are welcome to input, upload (“upload”) or publish or display (or “post”), photos, videos, specifications, profiles, messages, comments, text, media, and other user generated content (collectively “User Content”) to bulletin boards, chat rooms, profiles, or other public areas within, or in connection with, this Website. CyberExtruder accepts no responsibility whatsoever in connection with or arising from such User Content. You are solely responsible for the User Content that you post or share with other Users either through the Website or through other websites or forums, including, without limitation, Facebook, LinkedIn and Twitter. You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Website and may delete or remove, without notice, any Website Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to the Company.
When you upload User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the processing of the User Content by the Website, and when you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By uploading or posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to CyberExtruder an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide commercial license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, including, on or in connection with the Website or the promotion thereof, to prepare derivative works of, generate outputs from, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. If you remove your User Content from your profile page, the license granted above will nevertheless continue.
When you post on the CyberExtruder.com Website or share information from CyberExtruder through Facebook, LinkedIn or Twitter, you authorize us to access, and store, if applicable, a limited amount of information, including a unique user ID from your Facebook, LinkedIn and/or Twitter accounts. By using these features of the Website, you authorize us to access and copy the limited information listed above from such service providers in order to provide our services to you. By giving us such access, you agree that any information that we acquire shall be considered User Content as defined above and shall be subject to the license described above.
The following is a sample listing of the User Content that you are prohibited from posting to the Website. You agree that you will not submit User Content to the Website in a manner that:
- discloses personally identifiable information, such as your or another person’s full name, email address, telephone number or street address, unless specifically permitted to do so by such person;
- is unlawful, false, misleading, threatening, harassing, abusive, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages or is in pursuit of conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, U.S. or international law;
- violates the copyright, trademark or other intellectual property rights of any other person.
- transmits content that encourages or provides instructional activities about phishing, hacking, or other illegal activities;
- solicits other Users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
- attempts to resell, redistribute, broadcast or transfer the information or use the information derived from the Website in a searchable, machine-readable database;
- disguises a file type to thwart our detection processes;
- attempt to gain unauthorized access to other computer systems or networks connected to the Website or portions of the Website which are not made available for general public access;
- that utilizes bots, spiders or disproportionately burdens the capacity of the system;
- improperly assumes or claim the identity, characteristics or qualifications of another person;
- is for purposes of spamming;
- contains any virus or other harmful component; or
- is libelous, or an invasion of privacy or a violation of publicity rights or any other third party rights.
Despite these prohibitions, the User Content may contain inaccurate, inappropriate, offensive or sexually explicit material. The Company assumes no responsibility or liability for such material. If you become aware of abusive or objectionable User Content or misuse of the Website by any User, please contact abuse@CyberExtruder.com.
Disclaimer Regarding Content Accuracy and Usability
Any third-party merchant or other information on the Website reflects independent third-party opinions and are not CyberExtruder’s recommendations or opinions. You must perform your own evaluation of the information provided on the Website, including the CyberExtruder Content, based on your own background, situation and needs.
It is possible that users will post comments on the Website related to their experiences. Like other postings on the Website, we are not liable for any such postings and, such comments may contain false or misleading information.
You are solely responsible for your interactions with other CyberExtruder users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You acknowledge and agree that any posts, questions, comments, suggestions, ideas, feedback, data, content or other information provided by you to CyberExtruder through the Website (“Submissions”), are non-confidential and you grant to Company a perpetual, exclusive, royalty-free, worldwide, commercial license to use, reproduce, distribute, display, perform, publish, prepare derivatives of, sublicense, adapt, transmit, or delete the Submissions, as Company deems fit. CyberExtruder shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The foregoing applies equally to unsolicited submissions. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending a Submission, unsolicited or otherwise, you waive the right to make any claim against CyberExtruder, its parents, members, subsidiaries or affiliates relating to Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Advertising & Linked Websites
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Website or CyberExtruder, including its respective employees, agents, directors, officers and members.
CyberExtruder takes no responsibility for 3rd-party content or advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers or any other third parties.
When you click on a link within CyberExtruder, CyberExtruder will not warn you that you have left this Website and are subject to the terms and conditions (including privacy policies) of such other website. In some cases it may be less obvious than others that you have left this Website and reached a 3rd-party website. CyberExtruder shall not be held responsible for your activities on websites other than this Website.
Disclaimer of Liability & Warranties
The Website, and all materials in this Website, are provided “AS IS,” “AS AVAILABLE” and “WITH ALL FAULTS,” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that CyberExtruder DOES NOT WARRANT that the Website is fit for any particular purpose; that the functions contained in the materials in the Website will be uninterrupted; that defects will be corrected; that the Website is free of viruses and other harmful components; that the Website is non-infringing; or that the Website is accurate, error free or reliable.
You agree to defend, indemnify and hold harmless CyberExtruder, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Website; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Limitation of Liability
In no event shall CyberExtruder, its members, investors or subsidiary companies or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for any information, software, products and services advertised in or obtained through the Website, CyberExtruder’s removal or deletion of any materials or records INPUT, UPLOADED, submitted or posted TO OR on its Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if CyberExtruder or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that CyberExtruder, its members or investors or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the Website.
CyberExtruder reserves the right to immediately terminate your use of, or access to, this Website at any time if CyberExtruder decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that CyberExtruder considers to be inappropriate or unacceptable.
You may terminate any account at any time by sending an e-mail to: contact@CyberExtruder.com with the type of account that you have and information regarding that account. You must provide a valid reply email address if you wish to terminate an account by email in the event that we require additional information to locate your account to terminate it. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 48 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.
Upon termination of your account or registration or should your account remain dormant for a period of greater than six (6) months, CyberExtruder shall have the right to close your account or terminate your registration.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that any material contained in this Website infringes your copyright, please notify the Company of your copyright infringement claim in accordance with the following procedure.
CyberExtruder will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to CyberExtruder’s Designated Agent.
Service Provider(s): CyberExtruder.com, Inc.
Subject Line: CyberExtruder DMCA
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to abuse@CyberExtruder.com without a proper subject line, or for purposes other than communication about copyright claims, may not be acknowledged or responded to.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Designated Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, CyberExtruder may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, registrant or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CyberExtruder’s sole discretion.
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Agreement to Arbitrate: Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called “Claims”).
What Claims are subject to arbitration? All Claims arising out of, or relating to, the Website are subject to arbitration, including without limitation your visit to and/or use of the Website and the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.
Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you, or claiming through us or you, such as a guardian, employee, agent, representative, affiliated company, shareholder, predecessor or successor, heir, assignee, or trustee in bankruptcy.
What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before your visit to and/or use of the Website are subject to arbitration.
Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”).
What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim.
What about Provisional Remedies? his arbitration provision does not restrict, limit, or prohibit your or our right to obtain provisional remedies from a court such as temporary restraining or protective orders, attachments, or preliminary injunctions, including without limitation for infringement of patent, copyright, trademark or trade secret rights, or for violation of the user conduct rules set forth above.
How Arbitration Works
How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your residence, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:
American Arbitration Association
1633 Broadway, Floor 10
New York, NY 10019
1920 Main Street, Suite 300
Irvine, CA 92614
At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.
What procedures and law are applicable in arbitration?
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow the applicable procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator shall take reasonable steps to protect private and/or confidential information when requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute.
Arbitration fees, including initial filing fees and arbitrator costs (“Arbitration Fees”), shall be allocated pursuant to the applicable rules of the arbitration firm, including, where applicable, those rules or standards specific to consumer disputes. You may also seek a fee waiver under the applicable rules of the arbitration firm. In addition, we may advance or reimburse your Arbitration Fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. The arbitrator may award Arbitration Fees to either party pursuant to the applicable rules of the arbitration firm. Unless otherwise provided for by applicable law, each party will bear its own fees and expenses for attorneys, experts, and witnesses; upon request, the arbitrator may award such fees and expenses where authorized under applicable law.
Who can be a party?
Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, made by one user against CyberExtruder and any affiliated entity or shareholder must be arbitrated in a single arbitration; but Claims made by two or more persons may not be joined or consolidated in the same arbitration absent the parties’ written consent.
When is an arbitration award final?
The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days has passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA.
Survival and Severability of Terms.
This arbitration provision shall survive termination or changes in the Agreement or your access to and/or use of the Website. If any portion of this arbitration provision is deemed invalid or unenforceable, the entire arbitration provision shall not remain in force. No portion of this arbitration provision may be amended, severed or waived absent a written agreement between you and us.
If you have questions or would like additional information, please contact us at: contact@CyberExtruder.com.