Cyberspaces, Inc.

Terms and Conditions

Last updated: April 08, 2020

Please read these terms and conditions carefully before using Our Service. These terms and conditions are made between you and Cyberspaces, Inc. and govern your access to and use of our software services, including the website located at https://cyberspaces.app.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Cyberspaces, Inc., 300 3rd Street #615, San Francisco, CA 94107.
  • Country refers to: California, United States
  • Service and/or Services refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Cyberspaces, accessible from https://www.cyberspaces.app/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Account Creation

If you want to use certain features of the Services you’ll have to create an account and become a registered user. It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up to date. If you don’t, we might have to suspend or terminate your account. We reserve the right to force forfeiture of any username for any reason.

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Cyberspaces, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You’re responsible for all activities that occur under your account, whether or not you know about them.

You may use our Services only if you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are using our Services and representing a company, organization, legal entity, or government, you represent and warrant that you are authorized to do so and you may only use the Services in compliance with these Terms and Conditions and all applicable local, state, national, and international rules, regulations, and laws.

Agreement to Terms

The use of the Services and your access is conditioned on your acceptance of and compliance with these Terms and Conditions. Upon entering a screen name or user name and beginning a gaming session you hereby agree to the Terms and Conditions. Upon signing up you acknowledge you have been shown that by using our software you agree to the terms and conditions and that you have had the full opportunity to opt-out by selecting that you do not agree to the Terms and Conditions.

Advertisements

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Cyberspaces, Inc. on the Services are subject to change. In consideration for Cyberspaces, Inc. granting you access to and use of the Services, you agree that Cyberspaces, Inc. and its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Invitations

Cyberspaces, Inc. may offer you the ability to invite your friends or contacts to join your games, video chats, and/or any other aspect of our Services. By sending such invitations you represent to Cyberspaces, Inc. that your friends or contacts have consented to receive such invitations or messages from you and that the recipients do not consider such messages to be unsolicited or unwanted.  

Content Creation

Content such as text, graphics, images, music, software, audio, video, authorship posts, and any other information or materials that are provided, generated, posted, or made available through the Services, as well as any content provided or imported by You to be made available through the Services, regardless of if such information is publicly or privately sent is the sole responsibility of the person who originated such information. We do our best to monitor our Services for inappropriate information, but we are not required to monitor or control such information and we do not take responsibility for information posted by You or any of our other users. We do not endorse or represent the accuracy, truthfulness, completeness, or reliability of any information or communications posted on the Services. You understand and acknowledge that by using the Services you may be exposed to offensive, harmful, inaccurate, irrefutable, or in some cases deceptive information. Under no circumstances will Cyberspaces, Inc. be liable in any way for information, including but not limited to, any errors or omissions in information, any loss or damage incurred as a result of the user of any information posted, transmitted, emailed, or otherwise made available as part of the Services.

Ownership

Cyberspaces, Inc. does not claim any ownership rights about any user information or content posted on our Services. You retain the rights to the content you submit, post, or display on the Services. Subject to your ownership of your information all right, title, and interest in and to the Services and content or information that does not belong to you will remain the exclusive property of Cyberspaces, Inc. and its licensors (including other users). The Services are protected by laws of both the United States and foreign countries, including copyright, trademark, and patent protections. Cyberspaces, Inc. reserves all rights not expressly granted in these Terms and Conditions.

Content Rights Granted By You

By using the Services you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute content and information in any and all media or distribution methods. These methods can be known now or later developed. You are fully responsible for the use of the Services and for any consequences that arise out of your use of the Services, in any capacity, and Cyberspaces, Inc. will not be responsible or held liable in any way for your use of the Services. You represent and warrant that you have the full rights, power, and authority to grant these rights to any information or content submitted to the Services. You also represent and warrant that your user content, information, or anything else submitted to the Services will violate a third party’s intellectual property rights, public or private rights, or violate any applicable law or regulation.

Feedback

You acknowledge that any feedback you provide to Cyberspaces, Inc. if voluntary and that Cyberspaces, Inc. is free to use such feedback in any capacity without any obligations to You.

Rights

You may not copy the Services. You may not copy, modify or create derivative works based on the Services. You may not distribute, transfer, sublicense, lease, lend or rent the Services to any third party. You may not reverse engineer, decompile or disassemble the Services. Cyberspaces, Inc. reserves all rights in and to the Services.

Restrictions On Use of Services

In using the Services provided by Cyberspaces, Inc. under no circumstances may you:

Impersonate another person or entity that either intends to or actually does mislead, confuse, or deceive others.

Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;

Promotes discrimination, hatred or harm against any individual or group;

Is a direct and specific threat of violence to others;

Is defamatory, obscene or pornographic;

Is furtherance of illegal activities; or

Is harassing, abusive, or constitutes spam.

By using the Services you agree that Cyberspaces, Inc. may disclose any information as is deemed reasonable to satisfy any applicable laws, regulations, legal processes, government requests, or investigations of potential violations of what we consider to be acceptable use of the Services. These potential violations can among other things include fraud, security, or technical issues.

At no point in time may you tamper with, test for vulnerabilities, or engage in any cyber hacking activities that are deemed unethical. Some examples of this behavior may include, but are not limited to, attacks on our software or Services with an malintent, interference with our network, attempts to steal private information from Cyberpaces Inc.’s users, avoid or bypass any technological measure put in place by Cyberspaces, Inc., send unsolicited advertising or promotional materials or communication to Cyberspaces Inc.’s users, access private areas of the Services not meant for You, forge any headers, deceptively source information, send a virus or spam, infringe on Cyberspaces, Inc.’s intellectual property rights, use meta tags or hidden text without written consent from Cyberspaces, Inc., attempt to reverse engineer or re-create the software provided by Cyberpaces, Inc. as part of the Services, collect or store any personal identifiable information about any stakeholders that use or have used the Services, violate any applicable law or regulation, or encourage anyone else (either individual or entity) to participate or behave in any way stated above. These restrictions are not comprehensive and can be extended to include unethical behavior as interpreted by applicable laws.

Representations and Warranties; Limitation of Liability

Cyberspaces, Inc. hereby represents and warrants that it shall operate the Services in a professional manner. You hereby represent and warrant that Cyberspaces, Inc. has the full right and power to enter into and perform this Agreement without the consent of any third party.

EXCEPT FOR THE EXPRESS, LIMITED WARRANTIES PROVIDED IN THIS PARAGRAPH, CYBERSPACES, INC. MAKES NO WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND CYBERSPACES, INC. SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE WITH RESPECT THERETO, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CYBERSPACES, INC. WILL NOT BE LIABLE FOR ANY LOST PROFITS, BUSINESS, CONTRACTS, REVENUE, GOODWILL, PRODUCTION, ANTICIPATED SAVINGS, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY CLAIM OR DEMAND AGAINST COMPANY BY ANY OTHER PARTY.  IN NO EVENT WILL CYBERSPACES, INC. BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY WORK STATEMENT, HOWEVER CAUSED AND (TO THE FULLEST EXTENT PERMITTED BY LAW) UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF CYBERSPACES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL CYBERSPACES, INC. BE LIABLE FOR AN AMOUNT GREATER THAN THE TOTAL AMOUNTS PAID BY COMPANY TO CYBERSPACES, INC. DURING THE YEAR IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY HEREUNDER.  COMPANY ACKNOWLEDGES THAT THE AMOUNTS PAYABLE HEREUNDER ARE BASED IN PART ON THESE LIMITATIONS, AND FURTHER AGREES THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnity

You will indemnify and hold Cyberspaces, Inc., it’s officers, directors, employees, and representatives harmless and free against any claims, disputes, liabilities, damages, losses, costs, expenses, demands, including and without limitation, all legal and accounting fees deemed reasonable that arise out of or are in any way connected with your access or use of the Services, the content you generate by using the Services, or violation in any way of these Terms and Conditions.

Copyright Policy

Cyberspaces, Inc. expects all of its users to abide by Copyright law and Cyberspaces, Inc. may terminate usage by any users who infringe on or are believed to be infringing on the rights of copyright holders.  

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

These Terms and Conditions and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provision.

Disputes Resolution

You and Cyberspaces, Inc. agrees that any controversy, claim or dispute arising out of a breach, termination, enforcement, or interpretation of these Terms and Conditions, or any issues arising from your use of the Services or user content, will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and/or seek injunctive or other equitable relief in a court of adequate jurisdiction in order to, among other things, prevent a threatened or actual violation, infringement, or misappropriation of copyright, trademark, trade secrets, patents or other intellectual property rights. The exclusive jurisdiction of any copyright, trademark, trade secrets, patents or other intellectual property disputes will be the state and federal courts located in the Northern District of California and both you and Cyberspaces, Inc. waive any objection to this jurisdiction. Unless you provide Cyberspaces, Inc. with a timely notice opting out of arbitration, you acknowledge and agree that you and Cyberspaces, Inc. both waive the right to a trial by jury, or to participate as a plaintiff, or class member in any purported class action or representative proceeding. Unless both you and Cyberspaces, Inc. otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this is held to be unenforceable then the entire dispute resolution section will be deemed void. Except in the case of the section being void because of the previous sentence, this section will survive any termination of these Terms and Conditions.

Arbitration Notice

Unless you opt out of Arbitration within 30 days of the date you first agree to these terms and conditions by following procedures documented in the ‘Dispute Resolution’ section of this document you agree that disputes between you and Cyberspaces, Inc. will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Arbitration Rules, Processes, and Procedures

Except in the case of the section being void because of the previous sentence, this section will survive any termination of these Terms and Conditions.

American Arbitration Association in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes will administer this arbitration, except as modified by this Dispute Resolution section above. The American Arbitration Association rules can be found at https://www.adr.org/mediation or by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration and this section on Arbitration Rules, Processes, and Procedures.

As specified by the American Arbitration Association the party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be a retired judge or attorney licensed to practice. The arbitrator will be selected by the parties from the American Arbitration Association’s roster of arbitrators. If the parties are unable to agree on an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the American Arbitration Association will appoint the arbitrator in accordance with the American Arbitration Association rules.

If you prefer not to settle any disputes by arbitration you must notify Cyberspaces, Inc. in writing by sending a notice to cyberspacesapp@gmail.com, informing us that you do not want to use arbitration within thirty (30) days of the date upon which you agreed to these Terms and Conditions. This is what is referred to in the  prior section titled Arbitration Notice as the Arbitration Opt-Out Notice.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Termination to Terms and Conditions

We also reserve the right, at Our sole discretion, to terminate these Terms and Conditions by deactivating your account and discontinuing your use of the Services at any time for any reason. You may also terminate these Terms and Conditions by contacting us at cyberspacesapp@gmail.com, or by the method summarized below under “Contact Us”.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: cyberspacesapp@gmail.com
  • By visiting this page on our website: https://www.cyberspaces.app/contact

Terms and Conditions of https://www.cyberspaces.app/