Terms of Service

Website Terms and Conditions
The following terms (“Terms of Use”) constitute an agreement between Cyber Misfits LLC, a South Carolina limited liability company (“Cyber Misfits”), and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to http://cyber-misfits.com (“Website”). Cyber Misfits’ other properties are governed by the Terms of Use located here:

Your use of the Website constitutes your acceptance of, and agreement to the following Terms of Use. Cyber Misfits reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use at any time in Cyber Misfits’ sole discretion. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website managed by Cyber Misfits LLC.

Privacy

Please review our Privacy Policy and accept the Privacy Policy is incorporated as part of the Terms of Use.

Use of Website

Unless otherwise stated, Cyber Misfits owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.

Occasionally, this Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Cyber Misfits’ intellectual property rights. Such use is a limited license to republish the content, with full credit to Cyber Misfits.

You will not interfere with another user’s use and enjoyment of the Services provided by the website; you will not interfere with or disrupt the security measures of the Services provided; you will not interfere with or disrupt networks connected to the Services provided, and will comply with all regulations, policies and procedures of such networks.

You will not use the services within the website or website to send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; harm minors in any way; promote or generate revenue for any business or commercial purposes, whether or not for a charge or through linking with any other web services or pages, unless authorized by CYBER MISFITS, LLC; impersonate any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; “stalk” or otherwise harass another will not be condone on this website.

Users of this website will not attempt to collect or store personal data about other users.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Cyber Misfits’ express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Cyber Misfits’ express written permission.

Affiliate Programs

Occasionally, the Website participate in affiliate marketing. This means that when you use an affiliate link to make a purchase, Cyber Misfits will receive a commission. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Cyber Misfits is a participant in the Amazon Services LLC Associates Program and Google AdSense, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com and google.com.

Copyright
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Cyber Misfits or third parties and are protected by United States and international copyright laws.

Occasionally, Cyber Misfits will publish content submitted by third parties for publication on the Website. All submissions are governed by the blog submission terms here. By submitting the material for publication on the Website, Cyber Misfits has received a non-exclusive license to display the content. Cyber Misfits makes no claims to ownership of these copyrights and uses its best efforts to ensure proper attribution of all submitted content.

Trademarks
Cyber Misfits is a registered trademark of Cyber Misfits, LLC protected by United States trademark law. Cyber Misfits’ trademarks, service marks and trade dress may not be used in connection with any product or service that is not Cyber Misfits’, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Cyber Misfits. Occasionally, the Websites will legally utilize trademarks owned by third parties related to Cyber Misfits’ services. These trademarks are the respective property of their owners.

User Submissions
Cyber Misfits accepts submissions from its users for publication on the Websites, please review the terms of agreement here. Users submitting content represent and warrant that the User has the full right to grant Cyber Misfits the license to display and promote the submitted content. If you dispute a user’s right to submit content that has been published on the Websites, please contact lsignore@cyber-misfits.com  with details regarding your claim.

Grant of Rights
You grant Cyber Misfits a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant Cyber Misfits the right to sub-license these rights and the right to bring an action for infringement of these rights.

Prohibited Content
Any content you contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Cyber Misfits or a third party. Cyber Misfits reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on Cyber Misfits’ database; or, (iii) hosted or published on the Website. Cyber Misfits takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Cyber Misfits’ rights under the Terms of Use, Cyber Misfits does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.

Communication – Electronic Notice
If you send Cyber Misfits an email to any of the listed email address (contacts@cyber-misfits.com, publish@cyber-misfits.com, or lsignore@cyber-misfits.com ), register to use the Websites or provide your email to Cyber Misfits in any other way, you consent to receive communications from Cyber Misfits electronically. You agree that all legal notices provided via electronic means from Cyber Misfits satisfy any requirement for written notice.

Third Parties
The Cyber Misfits website may contain links to Third Party websites that are not governed or controlled by Cyber Misfits, LLC. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. Cyber Misfits assumes no control or liability over the content of any third-party sites. You expressly hold harmless Cyber Misfits from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Websites, you expressly hold Cyber Misfits harmless from any and all liability in any dispute.

No Warranties
The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Cyber Misfits makes no representations or warranties in relation to the Websites or the information and materials provided therein.

Cyber Misfits makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Cyber Misfits is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites.

Limitation of Liability
CYBER MISFITS WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Legal Disclaimer
Occasionally, Cyber Misfits may discuss topics of a legal nature. This information is not advice and should not be treated as legal advice either. The legal information provided on the Websites is provided “as is” without any representations or warranties, express or implied. Cyber Misfits makes no representations or warranties in relation to the legal information on the Websites.

You must not rely on the information on the Cyber Misfits website as an alternative to advice from your attorney or professional legal services provider. There is no attorney-client relationship created from the publication of legal information on the website. You should never delay seeking legal advice, disregard legal advice or discontinue legal services as a result of any information provided on the website.

Medical Disclaimer
Occasionally, the Cyber Misfits website may discuss topics related to health, fitness, nutrition or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Websites is provided “as is” without any representations or warranties, express or implied. Cyber Misfits makes no representations or warranties in relation to the medical information on the Websites.
You must not rely on the information on the Websites as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment as a result of any information provided on the website.

Indemnity
You agree to defend, indemnify and hold Cyber Misfits, its members, directors, and employees, harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Cyber Misfits suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
Miscellaneous

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. if a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Cyber Misfits’ prior written consent, however, the Terms of Use may be assigned by Cyber Misfits in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by Cyber Misfits All notices with respect to the Terms of Use must be in writing and may be via email contact@cyber-misfits.com for Cyber Misfits and to your email address.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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