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📝 Terms of Service
oncyber
Terms Of Service
Last Updated: 11.14.22
These Terms of Service (these “Terms”) govern your access to and use of certain products, services and properties made available by Cyber Meta, Inc., (“oncyber,” “we,” “us” or “our”). Our products, services and properties include, without limitation, the creation, purchase, sale, exchange, modification and other use of digital art gallery metaverse spaces, as well as additional and related digital assets; our online and/or mobile services, including the site(s) and/or app(s) through which these Terms are made available, and software provided on or in connection with those services (collectively, the “Service”). (As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms.) Certain features of the Services may be subject to additional guidelines, terms, or rules (“Supplemental Terms”), which will be displayed in connection with such features. These Terms and all such Supplemental Terms, which are incorporated by reference, are collectively referred to as the “Agreement.” If these Terms are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such services.
WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ANY ITEMS YOU PURCHASE THROUGH OR IN CONNECTION WITH THE SERVICES. EXCEPT WHERE EXPRESSLY STATED AT THE POINT OF SALE FOR ANY PURCHASE, ONCYBER MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ITEMS OFFERED FOR SALE ON OR THROUGH THE SERVICE.
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS, SO PLEASE READ CAREFULLY. BY CLICKING ON ANY “I ACCEPT” BUTTON, PURCHASING OR OFFERING TO PURCHASE ANY DIGITAL ASSETS OR SERVICES MADE AVAILABLE BY ONCYBER THROUGH THE SERVICE, AND/OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN. If you do not agree to this Agreement, you may not access or use the Service or purchase any Space NFTs.
PLEASE READ SECTION 22 OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.
PLEASE BE AWARE THAT SECTION 8 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.
Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Service, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.
oncyber reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of this Agreement. By continuing to access or use the Service at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
oncyber offers a platform that allows artists, collectors, gallerists and other users (collectively, “Curator(s)”) to showcase their unique non-fungible tokens (“NFT(s)”) and connect with other users in a digital metaverse space (a “Space”). These Spaces display Curators’ NFT collections in 3D, which can be viewed by other users of the Service (“Visitors”). Certain Spaces may be offered for sale or otherwise made available as embodied in a non-fungible token hosted on the Ethereum blockchain (such token, a “Space NFT,” and each Space NFT and other NFTs made available by oncyber, an “oncyber NFT”). You may only access or participate in certain features of the Service (e.g., purchasing, selling, establishing or maintaining a Space) by linking an electronic wallet that allows you to purchase, store, and engage in transactions (each, a “Digital Wallet”).
Although an oncyber NFT itself is Owned by its then-current owner, the work of authorship embodied by the oncyber NFT (e.g., the underlying architectural rendering in the case of a Space NFT) is licensed, and not transferred or sold, to the owner of the oncyber NFT. (“Own” means, with respect to any NFT or other digital asset, an NFT or digital asset that you have rightfully and lawfully purchased or acquired from a legitimate source, where proof of such purchase or acquisition is recoded on the relevant blockchain.)
User Representations and Warranties You must be eighteen (18) years old or otherwise capable of forming a binding contract in your jurisdiction to use the Service. By using the Service, whether to mint or purchase an NFT, view a Space, or otherwise, you agree (i) to provide accurate, current, and complete information about yourself as requested, (ii) to maintain and promptly update such information from time to time as necessary, (iii) to maintain the security of your Digital Wallet and accept all risks of unauthorized access to your Digital Wallet and to the information you provide to us, and (iv) to notify us immediately if you discover or otherwise suspect any security breaches related to the Service.
You will not buy, sell, rent, or lease access to the Service except as permitted by us; or log in or try to log in to access the Service through unauthorized third party applications or clients.
oncyber may require you to provide additional information and documents from time to time, including without limitation at the request of any competent authority or in order to help oncyber comply with applicable law, regulation, or policy, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. oncyber may also require you to provide additional information and documents in cases where it has reasons to believe that: Your Digital Wallet or other means of access to the Service is being used for money laundering or for any other illegal activity; You have concealed or reported false identification information and other details; or Transactions effected via your Digital Wallet may have been effected in breach of this Agreement.
In such cases, oncyber, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by oncyber and accepted as satisfying the requirements of applicable law, regulation, or policy. If you do not provide complete and accurate information and documents in response to such a request, oncyber may refuse to provide any oncyber NFT, Content (as defined below), product, service and/or further access to the Service to you.
When you purchase an oncyber NFT or otherwise use the Service, you hereby represent and warrant, to and for the benefit of oncyber, its affiliates and its and their respective representatives, as follows: Authority. You have all requisite capacity, power and authority to enter into and perform your obligations under this Agreement, including to sell, list, buy, display or otherwise use any oncyber NFT, as applicable. The execution, delivery and performance of your obligations under this Agreement have been duly authorized by all necessary action on your part and, if you are an entity, on the part of such entity’s board of directors or comparable authority(ies), and no other proceedings on your part are necessary to authorize the execution, delivery or performance of your obligations under this Agreement.
This Agreement constitutes your legal, valid and binding obligation, enforceable against you in accordance with this Agreement.
Accuracy of Information. All information provided to oncyber and/or its third-party designees, including its address and social security number or tax ID number, is accurate and complete. None of: (i) you; (ii) any of your affiliates; (iii) any other person having a beneficial interest in you; or (iv) any person for whom you are acting as agent or nominee in connection with this Agreement is: (A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac, or a person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure.
This Agreement does not, and the performance of your obligations under this Agreement and your use of the Service, will not: (i) if you are an entity, conflict with or violate any of the charter documents of such entity or any resolution adopted by its equity holders or other persons having governance authority over the entity; (ii) contravene, conflict with or violate any right of any third party or any applicable legal requirement to which you or any of the assets owned or used by you, is subject; or (iii) result in any breach of or constitute a default (or an event that with notice or lapse of time or both would become a default) under any material contract or agreement to which you are a party, permit held by you or legal requirement applicable to you.
Independent Investigation and Non-Reliance. You are sophisticated, experienced and knowledgeable in the listing, buying, selling, display and other use of any NFTs, as applicable. Additionally, you have conducted an independent investigation of the Service and the matters contemplated by this Agreement, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Service, you have relied solely on the results of such investigation and such independent judgement. Without limiting the generality of the foregoing, you understand, acknowledge and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including the oncyber NFTs, are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the oncyber NFTs) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, oncyber, in determining to enter into this Agreement, buy, sell or otherwise use any oncyber NFTs, or otherwise use the Service.
Litigation. There is no legal proceeding pending that relates to your activities relating to any NFT- or digital asset-trading or blockchain technology related activities.
Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies, token trading activities or minting, buying, or selling NFTs. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity or practice relating to minting, buying, or selling NFTs.
You must provide all equipment and software necessary to connect to the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
Deployer Content. The NFTs to be minted, advertised, promoted, and distributed/sold hereunder (“Metaverse Space NFTs”) will embody, be associated with, and/or otherwise utilize Deployer’s architectural renderings and associated works of authorship and/or other intellectual property solely owned by Deployer (“Deployer Content”) to be furnished by Deployer at Deployer’s sole expense.
Fees. Deployer shall receive a fee equal to a percentage of the total consideration paid in connection with the initial sale of each Metaverse Space NFT (each, a “Primary Sale,” and such fee, the “Primary Sale Fee”). Each subsequent sale of the Metaverse Space NFTs (each, a “Secondary Sale”) will be subject to a fee payable to oncyber equal to a percentage of the total consideration paid for the Metaverse Space NFT in such Secondary Sale. Deployer shall receive a fee equal to a percentage of the total consideration paid in connection with the secondary sale of each Metaverse Space NFT (“Secondary Sale Fee”). Fees will be noted through oncyber’s minting process, either in its web application or otherwise.
Payment. Amounts due hereunder will be payable to Deployer’s digital wallet address account as provided by Deployer in connection with the deployment of any space. These payments will be made on a quarterly basis, made available via a claim process, or automatically paid out depending on available technology. oncyber shall have no liability arising out of or relating to the wallet address account provided by Deployer, including any circumstances, acts or omissions resulting in loss of funds. The prices of digital assets, including cryptocurrency, are volatile. The parties acknowledge and agree that payments shall be made as set forth herein notwithstanding any fluctuation in the value of any digital asset. Deployer acknowledges and agrees that Deployer is solely responsible for payment of any and all taxes payable in connection with the compensation and benefits to be paid or provided to Deployer under this Agreement, and that oncyber shall not withhold any such taxes from amounts hereunder unless oncyber determines that it is required to do so by applicable law.
Exclusivity. To ensure that buyers of Metaver Space NFTs can purchase with set expectations of the supply of said NFTs, Deployer shall not, nor shall Deployer cause or permit any third party to, directly or indirectly, mint any NFT that is identical or reasonably similar to the Metaverse Space NFTs minted hereunder. The restriction in the foregoing sentence shall survive any expiration or termination of this Agreement.
Intellectual Property Assignment. Deployer hereby assigns to oncyber all right, title and interest in and to the Deployer Content and all intellectual property rights embodied therein. The purpose here is not so that oncyber owns the intellectual property; the purpose of this is to give oncyber the necessary rights to pass ownership on to purchasers of any relevant NFTs so that they may purchase in confidence. Deployer agrees that Deployer Content shall become the sole and exclusive property of oncyber for the purpose of further assignability. Deployer hereby waives any and all interest Deployer may have in such Deployer Content, including any moral rights with respect to any such Deployer Content.
License Grant. Deployer grants to oncyber the non-exclusive (except as set forth in Section 4, above), worldwide, royalty-free, sublicensable right and license (but oncyber shall have no obligation) to use the trademarks, service marks, publicity rights, privacy rights, names, images, likenesses (including digital likenesses), voice, biographical details, indicia of identity, and logos specified by Deployer (“Deployer Marks”), in connection with the minting, advertising, promotion and offering of Metaverse Space NFTs hereunder, and oncyber’s advertisement and promotion of itself and its products and services. All uses of Deployer Marks will inure to the benefit of Deployer. In the event that Deployer reasonably objects to the use of any Deployer Mark by oncyber, Deployer may revoke oncyber’s rights thereto and oncyber will promptly cease using Deployer Marks in the manner objected to by Deployer; provided, for the avoidance of doubt, that Deployer acknowledges and agrees that any use of the Deployer Marks in Deployer Content as embodied by a Metaverse Space NFT shall be subject to a perpetual, irrevocable license to (i) oncyber and (ii) the then-current owner of such Metaverse Space NFT, in each case for use solely in connection with the use and display of such Deployer Content.
Before purchasing an oncyber NFT, you must connect Digital Wallet to the Service. Once you submit an order to purchase a Space NFT, your order is passed on to the applicable bridge extension, which completes the transaction on your behalf. ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE EFFECTED BY THIRD-PARTY DIGITAL WALLET EXTENSIONS. BY USING OUR SERVICES YOU AGREE THAT SUCH TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS AND DIGITAL WALLETS. For the avoidance of doubt, oncyber shall have no liability to you arising from or related to any transaction effected by such extensions, including without limitation any failure by the extension to complete such transaction or any fees incurred thereunder.
By purchasing an oncyber NFT, you agree to comply with any terms, including licenses or payment rights that are displayed at the point of sale of, embedded within or otherwise included with any oncyber NFT. While oncyber expressly permits the use of an oncyber NFT on and transfer of an oncyber NFT to a third-party platform, oncyber does not guarantee that oncyber NFTs, including Space NFTs, will be transferable to or operable with any such platform.
oncyber may set limits on or other terms regarding the purchase, sale or use of oncyber NFTs comprising oncyber’s Content (as defined below), including, without limitation, any fee payable in connection with any subsequent sale of an oncyber NFT, whether or not such sale takes place on or through the Service (each such sale, a “Secondary Sale,” and such fee, a “Secondary Sale Fee”), and oncyber will display such terms at point of sale or otherwise within the Service.
Except as otherwise may be set forth at point of purchase or point of sale with respect to an oncyber NFT oncyber is not and shall not be a party to any transaction or dispute between sellers and buyers of oncyber NFTs.
oncyber may from time to time make available certain Spaces without purchase to new or existing users of the Service (each, a “Free Space”). The rules governing your use of such Free Space will be made available in connection with such Free Space. oncyber will determine your eligibility for any Free Space in its sole discretion and may change the terms of or remove your access to a Free Space at any time, with or without notice to you.
You may only display NFTs in a Space if you own such Space and if you Own such NFTs, have authorization from the then-current Owner of such NFTs, or if you originally minted such NFT and retained the right to display such NFT. oncyber relies on Third-Party Services (as defined below) to display the NFTs in a Space. If your access to or account with any such Third-Party Service is terminated, you may not be able to display certain NFTs in your Space. oncyber shall have no liability to you in connection with any such Third-Party Service, including without limitation any failure of such Third-Party Service to display NFTs.
If you choose to make any NFT that you Own, or any NFT that you have minted and have the right to make available (collectively, “Your NFT(s)”) available on or through the Service, including by displaying Your NFT in a Space, you hereby grant oncyber a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, reproduce, distribute, perform and display the artwork embodied by Your NFT (in whole or in part) for the purposes of (i) providing the Service, including making the artwork embodied by Your NFT available to other users of the Service in accordance with your elections on the Service; (ii) improving the Service; and (iii) advertising and promoting oncyber and its Services. You also hereby grant each other user of the Service a non-exclusive license to access the artwork embodied by Your NFT through the Service, and to use, reproduce, distribute, display and perform the artwork embodied by Your NFT solely as permitted through the functionality of the Service and under this Agreement. You are solely responsible for any of Your NFTs. You represent and warrant that you have obtained all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein with respect to any of Your NFTs that you display or otherwise make available, in whole or in part, on or through the Service. You agree that Your NFTs will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to grant the licenses described above. We take no responsibility for Your NFTs made available on or through the Service, although we reserve the right to remove or disable the display of or access to any of Your NFTs in our sole discretion.
When you use the Service, you may be able to access, view, and virtually tour a Space that is made available by a Curator. Each Curator is solely responsible for the content of such Curator’s Space, including any NFT displayed therein. You are solely responsible for your interactions with other Curators and/or Visitors to the Services or any Space and any other parties with whom you interact; provided, however, that oncyber reserves the right, but has no obligation, to intercede in such disputes, including without limitation to take action in response to any such dispute. You agree that oncyber will not be responsible for any liability incurred as the result of such interactions or any visit to or failure to access a Space that is made available by a Curator. You visit all Spaces and interact with other Curators and Visitors at your own risk.
All pricing and payment terms for oncyber NFTs or other Services are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase.
When you purchase an oncyber NFT, you agree that you have read, understand, and agree to be bound by any terms and conditions applicable to the sale of that oncyber NFT, including any Secondary Sale Fee (regardless of whether such Secondary Sale Fee is enforced or supported by the third-party platform or marketplace that facilitates a Secondary Sale). You further agree that you will bind any subsequent purchaser of the oncyber NFT to such Secondary Sale terms and conditions.
oncyber may add or change any payment processing services at any time. Such services may be subject to additional terms or conditions. Whether a particular cryptocurrency is accepted as a payment method by oncyber is subject to change at any time in oncyber’s sole discretion. You agree to make all payments of fees to oncyber free and clear of, and without reduction for, any withholding taxes.
By contacting oncyber via email or by using the Service, you consent to receive electronic communications from oncyber (e.g., via email or by posting notices to the Service or to oncyber’s official accounts on social media properties such as Discord). These communications may include notices about your use of the Service (e.g., transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the oncyber logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of oncyber or our affiliates or licensors.
The oncyber logo and any oncyber product or service names, logos or slogans that may appear on the Service are trademarks of oncyber or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “oncyber,” or any other name, trademark or product or service name of oncyber or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of oncyber and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and other names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by oncyber.
As between you and oncyber, oncyber owns all legal right, title and interest in and to the Spaces, and all intellectual property rights therein. oncyber and its licensors reserve all rights in and to the Spaces not expressly granted to you.
You agree that any submission of any ideas, suggestions, documents, and/or proposals to oncyber (collectively, “Feedback”) is at your own risk and that oncyber has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to oncyber a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and oncyber’s other products and services.
You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, “as-is” license to access and use the Service and Content for your own personal, non-commercial use; provided, however, that such license is subject to this Agreement and does not include any right to (i) sell, resell, or use commercially the Service or Content; (ii) distribute, publicly perform, or publicly display the Service or any Content except as expressly permitted by us; (iii) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, except as expressly permitted by us; (iv) use any data mining, robots, or similar data gathering or extraction methods; (v) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us; and (vi) use the Service or Content other than for their intended purposes. This license is subject to your compliance with the Acceptable Use Policy set forth in Section 13 below.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Service for non-commercial purposes, provided that such link does not portray oncyber or our affiliates or any of our Services, Content, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable in oncyber’s sole discretion. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of oncyber to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any oncyber trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.
oncyber may from time-to-time change or discontinue any or all aspects or features of the Service, including by (i) altering the smart contracts which are included in the blockchain platform pursuant to upgrades, forks, security incident responses or chain migrations, or (ii) deactivating or deleting Content that oncyber in its sole discretion determines has been abandoned. In such events, you may no longer be able to access, interact with or, read the data from the Service.
Certain Content may be made available by you, by Visitors or by other users on or through the Service (“User Content”). If you choose to make User Content available on or through the Service, you hereby grant oncyber a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, sublicense, distribute, reproduce, modify, adapt, and display, such User Content (in whole or in part) for the purposes of (i) providing the Service, including making User Content available to other users in accordance with your elections on the Service, (ii) improving the Service, and (iii) advertising and promoting oncyber and its Services. You also hereby grant each other user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content solely as permitted through the functionality of the Service and under this Agreement. You are solely responsible for any User Content you provide. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Service. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the licenses described above. We take no responsibility for the User Content posted or listed via the Service. oncyber has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. Unless expressly agreed to by oncyber in writing elsewhere, oncyber has no obligation to store any of Your NFTs (or any artwork embodied thereby) or User Content that you make available on or through the Service. oncyber has no responsibility or liability for: the deletion or accuracy of any Content, of Your NFTs, or of any User Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. You agree that oncyber retains the right to create reasonable limits on oncyber’s use and storage of the Content, including with respect to Your NFTs and User Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Service and as otherwise determined by oncyber in its sole discretion.
Third-Party Services; Third-Party Terms
The Service may contain links to third-party properties, services and applications (collectively, “Third-Party Services”), When you click on a link to a Third-Party Service, such as a Digital Wallet or bridge extension, you are subject to the terms and conditions (including privacy policies) of another property or application. Such Third-Party Services are not under the control of oncyber. oncyber is not responsible for any Third-Party Services. oncyber provides links to these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or their products or services. You use all links in Third-Party Services at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Service, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree that you are solely responsible for your conduct in connection with the Service. You agree that you will abide by this Agreement and will not (and will not attempt to): Provide false or misleading information to oncyber; Use or attempt to use another user’s linked Digital Wallet without authorization from such user and oncyber; Create, list, or otherwise make available counterfeit tokens; Pose as another person or entity; Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner; Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service; Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service; Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access; Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality; Collect or harvest data from our Service that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); Bypass or ignore instructions that control all automated access to the Service; Use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement; Use the blockchain platform to carry out any illegal activities in connection with or in any way related to your access to and use of the Service, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the blockchain platform, or the Service; Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including: trading a token at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such token, unduly or improperly influencing the market price for such token trading on the Service or establishing a price which does not reflect the true state of the market in such token; for the purpose of creating or inducing a false or misleading appearance of activity in a token or creating or inducing a false or misleading appearance with respect to the market in a token: (A) executing or causing the execution of any transaction in a token which involves no material change in the beneficial ownership thereof; or (B) entering any order for the purchase or sale of a token with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such token, has been or will be entered by or for the same or different parties; or participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organized for the purpose of unfairly or deceptively influencing the market price of a token; or Engage in “farming” or otherwise engage in a pattern of activity with respect to the Service with the sole intention of exploiting any future promotions, rewards or benefits made available to users of the Service, in each case in oncyber’s sole discretion.
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to using the Service to transact in securities, debt financings, equity financings or other similar transactions; or Use the Service to offer NFTs or otherwise engage in transactions that facilitate fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that (i) are redeemable for financial instruments, (ii) give owners rights to participate in an ICO or any securities offering, or (iii) entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
oncyber has the right, but not the obligation, to remove any listing at any time. oncyber exercises its sole judgment in allowing or disallowing certain assets, listings, smart contracts, and collections.
Tokens, listings, smart contracts, collections, and other Content that oncyber in its sole discretion deems inappropriate, disruptive, or illegal are prohibited on the Service. oncyber reserves the right, but not the obligation, to determine the appropriateness of listings and remove any Content, including any listing, at any time. If you create or offer a token, listing, smart contract, or collection in violation of these policies, we reserve the right to take corrective actions, as appropriate, including but not limited to removing the asset, listing, smart contract, or collection, deleting such Content, recouping any payments that have been made to you for such token, and permanently withholding any other payments due and owed to you. oncyber reserves the right to destroy inappropriate or illegal metadata stored on our servers.
The following Content is prohibited on the Service, whether included in or made available in or through tokens, listings, smart contracts, or collections that include metadata, or otherwise:
Content that violates international or United States intellectual property laws; Content that promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States; Content with a primary or substantial purpose in a game or application that violates international or United States intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in the United States; Content created or used primarily or substantially for the purpose of raising funds for known terrorist organizations (as listed on https://www.state.gov/foreign-terrorist-organizations/ or as may be determined by oncyber from time to time in its sole discretion); Content that, as determined in our sole and absolute discretion, is obscene, and other Content that is intended to be age-restricted; Content that includes stolen assets, assets taken without authorization, and otherwise illegally obtained assets, all including but not limited to tokens. Listing illegally obtained tokens may result in your listings being cancelled, your tokens being hidden, or your access to the Service being suspended If you have reason to believe that an asset listed on the Service was illegally obtained, please contact us immediately; and Content that is illegal.
If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this section, please contact us on Discord to report it.
Copyright oncyber retains the absolute right to terminate access to the Service for and remove the User Content of any user who violates or infringes our rights or the rights of any third party. Without limiting the foregoing, if you believe that your intellectual property has been used on the Service in a way that constitutes infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of the location on the Service of the material that you claim is infringing; your address, telephone number and e-mail address; 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 the law; and 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 oncyber’s Copyright Agent for notice of claims of copyright infringement is as follows: 382 NE 191st ST PMB 83147 Miami FL 33179, SUBJ: Copyright Agent.
If oncyber becomes aware of any possible violations by you of this Agreement, oncyber reserves the right, but oncyber will not have any obligation, to investigate such violations. If, as a result of the investigation, oncyber believes that criminal activity may have occurred, oncyber reserves the right, but oncyber will not have any obligation, to refer the matter to, and to cooperate with, any and all applicable legal authorities. oncyber is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including any User Content, in oncyber’s possession in connection with your use of the Service, (i) to comply with applicable laws, legal process or governmental request; (ii) to enforce this Agreement, (iii) to respond to any claims that User Content violates the rights of third parties, (iv) to respond to your requests for customer service, or (v) to protect the rights, property or personal safety of oncyber, users, or the public, and all law enforcement or other government officials, as oncyber in its sole discretion believes to be necessary or appropriate. By agreeing to this Agreement, you hereby provide your irrevocable consent to the foregoing. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service, including without limitation text, voice, or video communications.
You hereby release and forever discharge oncyber and our officers, employees, agents, successors, and assigns (the “oncyber Entities”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause 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 that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Services). 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.”
You acknowledge and agree that: The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of oncyber NFTs, which may also be subject to significant price volatility. We cannot and do not guarantee that any purchasers of oncyber NFTs will not lose money.
You are solely responsible for determining what, if any, taxes apply to your transactions involving NFTs. Neither oncyber nor any other oncyber Entity is responsible for determining the taxes that may apply to transactions involving oncyber NFTs.
oncyber NFTs exist and can be transferred only by virtue of the ownership record maintained on the blockchain supporting such oncyber NFTs. There are risks associated with using digital currency and digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your information. The legal and regulatory regimes governing blockchain technologies, cryptocurrencies, and tokens are evolving, and new regulations or policies may materially adversely affect same.
There are risks associated with purchasing user-generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. oncyber reserves the right to hide collections, contracts, and assets that oncyber suspects or believes may violate this Agreement. oncyber NFTs you purchase may become inaccessible on the Service. Under no circumstances shall the inability to access or view your assets on the Service serve as grounds for a claim against oncyber.
oncyber has no responsibility for any third-party NFTs sold, bought or traded on the Service, or for any oncyber NFTs after the initial sale of such oncyber NFTs.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless oncyber and the oncyber Entities from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to this Agreement or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, Content or NFTs, including, without limitation, any act or omission involving any third party in connection with the minting, listing, buying, selling, or trading of any oncyber NFTs; (b) any Feedback you provide; (c) your violation of this Agreement; (d) your violation of the rights of any third party, including another user; (e) any breach or non-performance of any covenant or agreement made by you; (f) your User Content or the minting, listing, buying, selling, or trading of any NFTs; or (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify oncyber of any third-party Claims and cooperate with the oncyber Entities in defending such Claims. You further agree that the oncyber Entities shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND ONCYBER.
THE SERVICE, CONTENT CONTAINED THEREIN, AND TOKENS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ONCYBER (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. ONCYBER DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN. ONCYBER DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICE. WHILE ONCYBER ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, ONCYBER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY TOKENS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF TOKENS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, TOKENS OR DIGITAL WALLETS.
ONCYBER NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT ONCYBER OR ANY ONCYBER ENTITY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ONCYBER NFT. WE CANNOT AND DO NOT GUARANTEE THAT ANY ONCYBER NFT WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY ONCYBER NFT PURCHASED THROUGH THE SERVICE.
oncyber is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the oncyber NFTs. oncyber is not responsible for any delay or failure to report any issues with any blockchain, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
YOU ACKNOWLEDGE AND AGREE THAT ONCYBER IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ONCYBER LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT ONCYBER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. ONCYBER MAKES NO WARRANTY THAT ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ONCYBER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICE, ANY SPACE NFTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ONCYBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ONCYBER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING YOUR USER CONTENT), OR ANY ONCYBER NFTS MINTED, PURCHASED, OR SOLD THROUGH THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RETAINED BY ONCYBER IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
DISPUTE RESOLUTION. Please read carefully the following arbitration agreement (“Arbitration Agreement”). It requires you to arbitrate disputes with oncyber and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with oncyber, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or oncyber may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at the contact information provided in Section 24. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, oncyber will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND ONCYBER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 22(a) (Application of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the contact information provided in Section 24within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address or Digital Wallet address you used to access the Service (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in Section 21(e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at the contact information provided in Section 24 and expressly opting out of this Arbitration Agreement.
We reserve the right in our sole discretion to modify, suspend, or discontinue the Service, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you in our sole discretion. This Agreement, and your access to and use of the Service, shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts located in Miami-Dade County, Florida. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of oncyber. oncyber’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of oncyber and you and shall not confer third party beneficiary rights upon any other person or entity.
382 NE 191st ST
PMB 83147
Miami FL 33179
Last modified 9mo ago