• Modify, translate, copy, reproduce or otherwise create derivate works or improvements, whether or not patentable, of the Site, the Software, or any such materials, except as explicitly provided
• Distribute or transmit the materials except as explicitly permitted
• Publicly display, publish or perform the materials (for any purpose, commercial or non-commercial)
• Create derivate works from, transfer, or sell any materials
• Attempt to decompile, disassemble, decode, reverse engineer or otherwise attempt to derive or gain access to the source code of any software or database contained in or accessed through the Services; or
• Remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notice from the Services, including any copy thereof or other proprietary notations, without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors. For greater clarity, you are permitted to refer to the Services through email, social media, or other similar methods, provided that you do not imply any affiliation between you and us, or you and the Services, or portray us or the Services in a false, misleading, derogatory or otherwise defamatory manner. CycurID™ is not a bank or financial institution and does not provide investment, financial, or consulting services to users of the Services.
In connection with your Account, you are solely responsible for (i) your Account and the maintenance, confidentiality and security of your Account and (ii) any and all activities that occur under your Account, including all activities of any persons who gain access to your account, with or without your permission.
You must not register for an Account on behalf of any individual other than yourself or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
You agree to immediately notify us of (i) any unauthorized use of your Account, any service provided through your Account or (ii) any other breach of security with respect to your Account or any service provided through it, and (iii) you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
You agree to provide true, current, accurate and complete customer information as requested by us or our agents from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
When you create your imme Account, a unique device specific digital identity is created using your biometrics. Each time this unique device specific digital identity or identification is accessed, you will be deemed be authorized to access and use the Services in a manner consistent with these Terms and we shall have no obligation to investigate the authorization or source of any such access or use of the Services.
(a) the Services will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services, as appropriate, and be subject to all terms and conditions of the Terms.
Our Content – Except where expressly stated otherwise, all right, title and interest in, to and associated with the Services and all other Content, source code, processes, designs, technologies, URLs, domain names, marks and logos (collectively, “Our Content”) is fully vested in us, our licensors or our suppliers and is protected by Canadian and international copyrights, trademarks, patents, trade secrets and other intellectual property or other proprietary rights and laws. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in these Terms or your use of the Services grants you any right, title or interest in, to or associated with Our Content except the limited right to use Our Content as set out herein. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part without our written consent.
Third Party Content – Content accessed or available through the Services or the internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of Our Content or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Services as set out herein. In particular, the Services may provide access to applications or materials, including cryptocurrency exchanges, that are hosted by parties other than CycurID™. You understand and agree that CycurID™ does not itself directly exchange virtual currencies and that all currency exchanges provided through the Software are provided by third parties. Accordingly, you understand it is impossible for CycurID™ to monitor Third Party Content and that you access such content and services at your own risk.
CYCURID ONLY PROVIDES THIRD PARTY CONTENT FOR THE SAKE OF CONVENIENCE AND DOES NOT MAKE ANY REPRESENTATION WITH RESPECT TO THE THIRD PARTY CONTENT. DO NOT SHARE ANY SENSITIVE INFORMATION, SUCH AS PRIVATE KEYS AND CREDENTIALS, WITH ANY THIRD PARTY WITHOUT FIRST INDEPENDENTLY VALIDATING THEIR LEGITIMACY.
Your Content – The Services may contain bulletin board, chat, forum, social media, comments or other communication services. We do not claim ownership of any Content that you post, upload, input, provide, submit or otherwise transfer to us, or any third party, using the Services (collectively, “Your Content”); however, you agree that by posting, uploading, inputting, providing, submitting, entering or otherwise transmitting Your Content to us or any third party:
• you will be deemed to have granted us a royalty-free, non-exclusive, worldwide, fully paid-up, irrevocable license to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content to the extent reasonably required to provide the Services as they may exist from time to time, in any medium whatsoever, or to ensure adherence to, or enforce, these Terms;
• you will be deemed to have confirmed, represented and warranted to us that you have all right, title and interest, as well as the power and authority necessary, to grant such license to Your Content to us as set out above; and
• you will indemnify and save us and our parent, subsidiary and affiliated companies harmless from and against any liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any action or to satisfy a judgment and expenses of any kind and character whatsoever incurred by us relating to or arising from Your Content, including instances where the Your Content (A) infringes any Third Party Content or other third-party intellectual property rights, or (B) is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
Deletion of Your Content – You acknowledge and agree that we may retain a copy or copies of Your Content for archival or compliance purposes or to otherwise provide the Services to you or others, subject always to your license to us set out above, even if you delete your Account to which Your Content is connected. If permitted by the functionality of the Services, you may delete Your Content from the communication facilities thereupon, though we may retain a copy internally thereof for compliance purposes. We may also delete any of Your Content that we determine, in our sole discretion, violates these Terms.
Responsibility for Content – You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of any content, information or material received, transmitted or sent by you using the Services.
Public Transmission and Caching – You acknowledge and agree that the technical processing and transmission of the Services, including Your Content and other Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
Compliance and Complaints – We do not have any obligation to censor or review any of Your Content, to censor or review any Third-Party Content or to monitor use of the Services. However, you agree that we may, without notice or liability, disclose to third parties any of your information or Your Content, monitor use of the Services, and monitor, review and retain any Content, including Your Content, if we believe in good faith that such activity is reasonably necessary to ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If we receive a complaint relating to use of the Services by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, and restrict, suspend or terminate your access to the Services, including your Account, and remove Your Content from our servers.
Feedback – All right, title and interest in and to comments, ideas, suggestions and impressions of the Services, and other products given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us, you agree that you thereby assign to us all right, title and interest to such Feedback to us.
Trademark Notice – The trademarks, logos, and service marks displayed on or through the Services are the property (whether registered or unregistered) of CycurID™, its licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without our prior, written consent. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
Infringer and Repeat Infringer Policy – We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Services, or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
Proper Conduct (Things You Must Do) – Without limiting the generality of anything else contained in these Terms, you must ensure that:
• you only use the Services for lawful purposes; and
• if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation
Prohibited Conduct (Things You Must Not Do) – Without limiting the generality of anything else contained in these Terms, you agree that you will not, in connection with the Services, directly or indirectly do or permit any of the following:
(i) post, upload, reproduce, distribute or otherwise transmit any Content that:
(A) is unauthorized or unsolicited commercial communications, junk or bulk communications or other “spam” (whether or not using e-mail services, including instant messaging, blog or comment spam) or is otherwise duplicative or unsolicited,
(B) contains a virus, cancelbot, Trojan horse, worm or other harmful, disruptive or surreptitious component,
(C) is defamatory, infringing, or unlawful,
(D) is inappropriate, profane, obscene, or indecent or information without suitable or lawfully-required access controls (which controls shall in no event be our responsibility),
(E) gives rise to civil liability, or otherwise violates the rights or assists others to violate the rights of us or any third party, such violations including engaging in copyright infringement, invasion of privacy, trademark infringement or defamation,
(F) constitutes a criminal offence, or otherwise engages in or assists others to engage in any criminal offence, including pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography; or
(G) incites discrimination, hate or violence towards one person or a group because of their belonging to a race, religion, nationality, sexuality, gender or other human rights-protected group of persons;
(ii) engage in threats, harassment, intimidation, stalking or abuse or any conduct that violates the legal rights of others, including the rights of minors and rights relating to privacy and publicity;
(iii) scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems
(iv) forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Services
(v) impersonate or falsely represent your association with any person, including a representative of us
(vi) isrupt or threaten the integrity, operation or security of any service, computer or any Internet system
(vii) remove, disable or circumvent any access control, copy protection, rights management, security feature or related process or procedure established with respect to the Services
(viii) rent, lease, sell, lend, assign, publish, transfer, sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, all of or any feature or part of the Services, except where expressly authorized by us
(ix) modify, translate, adapt or otherwise create derivate works or improvements, whether or not patentable, of the Services
(x) harvest, scrape, extract, gather, collect, or store personal information about others without their express consent; or
(xi) harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Services or to extract data, collect information or otherwise interact with the Services.
You acknowledge and agree that termination, curtailment, or suspension of these Terms for any reason may result in restrictions of, disruptions to or cessation of your or third party access to your Account and Your Content, and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations. If your use of the Services is suspended or restricted, we will have no obligation to forward any of Your Content to you or any third party.
(i) we cannot guarantee any minimum level regarding performance, speed, reliability, availability, use or consistency, and
(ii) data, messages, information or materials sent over the internet may not be completely private, and your anonymity is not guaranteed.
Customer Acknowledgement – You acknowledge and agree that
(i) all use of the Services provided by us is at your own risk, and
(ii) the Content that you may access while using the Services may contain links to websites or third party applications which are provided solely as a convenience to you and the inclusion of any such links do not imply endorsement, investigation or verification by us of such websites or third party applications or the information contained therein.
Disclaimer of Warranties – ALL PRODUCTS AND SERVICES PROVIDED UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION THE SERVICES AND THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WE EXPRESSLY DISCLAIM AND make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the SERVICES OR SITE or in any way related to these terms and your use of the site or services. We further expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, usability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL RISK OF USE OF THE SITE OR THE SERVICES IS ENTIRELY YOUR RESPONSIBILITY.
No Liability – Notwithstanding any other provision of these Terms, in no event will CycurID™, our subsidiaries, our affiliates, or our controlling parties, directors, officers, agents employees, suppliers, licensors, resellers or distributors be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever, including damages for loss of profits, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these Terms or the Services or Site, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable, including damages or losses arising from or in any way related to the following:
• sending, receiving, not sending, not receiving, loss, deletion or alteration of any transmissions, data or transactions entered into through or using the Services
• any suspension, curtailment, restriction, termination or other limitation placed on your use of the Services, or your Account
• any act or omission of you or any third party, including any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another’s rights, including intellectual property rights
• any loss or damage to Your Content or other data arising directly or indirectly from your use or non-use of the Services or related components
• the performance of the Internet or the Services
• the content or accuracy of any material, information or data (including any software) related to these Terms or viewed, downloaded, accessed or transmitted using, over or through the Internet or the Services, including material that infringes the rights of others or otherwise violates laws or regulations; and
• delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.
To the extent that a province or jurisdiction does not permit the exclusion or limitation of liability as set forth in this paragraph, our liability is limited to the maximum extent permitted by the laws in such province, state or jurisdiction.
Cap on Liability – Under no circumstances will CycurID™, our subsidiaries, our affiliates, or our controlling parties, directors, officers, agents employees, suppliers, licensors, resellers or distributors be labile to you for damages arising out of the Services, your use of the Site, or these Terms generally in any amount exceeding $1000 CDN.
Applicability – Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.
Indemnity By You – You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from
(i) access to or use, by you or permitted by you, of the Services or your Account, or
(ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.
(i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms,
(ii) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and
(iii) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s).
Waiver of Rights and Remedies – Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Severability – If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Governing Law and Jurisdiction – These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.
Void Where Prohibited - CycurID™ administers and operates the business functions, technology and Site from their head office in Vancouver, British Columbia, Canada. However, other CycurID™ applications and services may be administered and operated from various locations within or outside Canada. Servers are located in Montreal Quebec, Canada. Although the Site may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. CycurID™ reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Limitation on time to file claims - ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Assignment and Inurement – We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Survival – All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
Relationship – You agree that no joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms or your use of the Services.
Entire Agreement – These Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
English Language – The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
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