Privacy Statement : Terms of Use
 
terms of use

Welcome to the Cyberun website on the World Wide Web. Please review the Cyberun website Terms of Use, which govern your use of our website. By accessing, browsing, or using this website, you acknowledge that you have read, understand these Terms of Use and Privacy Statement and you agree to be unconditionally bound by these Terms of Use. If you do not agree to these Terms of Use, then you may not use the website.

Cyberun controls and operates this website from its offices within Canada. Claims relating to, including the use of, this website and the materials contained herein are governed by the laws of Ontario and Canada. If you choose to access this website from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

This website is offered to you conditional upon your acceptance of the terms and conditions set out below, as well as any amendments or additional terms, policies or procedures published on this website from time to time by Cyberun Corp. ("Cyberun"). You should check these terms and conditions from time to time to keep informed of any such amendments or additions.
By accessing and using this website, you are deemed to have agreed to these terms and conditions. Cyberun shall have the right at any time to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Your use of this website and any content you choose to download is at your own risk. If your use of this website or the materials therein results in any loss or damage to data or in the need for servicing or replacing property, material or equipment, or any other damage whatsoever, Cyberun is not responsible for those costs.

Some of the information on this website may contain projections or other forward- looking statements regarding future events or the future financial performance of Cyberun. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. Documents may contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements.

1 . Website Contents, Ownership and Use Restrictions: Copyright © 1999-2002 Cyberun Corp.. All rights Reserved.

Unless otherwise indicated, Cyberun Corp. ("Cyberun') either owns the intellectual property rights in the underlying HTML, illustrations, images, designs, icons, text audio clips, presentations, flash demonostrations, video clips and other content on our website (including the organization and layout of this site), or has obtained the permission of the owner of the intellectual property in such content to use the content on our website. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the prior written permission of Cyberun.

All contents are protected by Canadian, U.S. and international copyright laws and conventions. The name Cyberun™ and VirtualSAFE™ and the Cyberun™ and VirtualSAFE™ logos are registered marks of Cyberun. The collection and compilation of the contents of the website are separately protected and copyrighted works that are owned exclusively by Cyberun. No trademark or service mark license is granted in connection with any of the Contents on the website.

2. Limited License

Cyberun grants to you a strictly limited license to display on your computer, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other content on our website for noncommercial (personal or educational) purposes only, provided that:

  1. you do not modify any such content; and
  2. you include with and display on each copy of such content the associated copyright notice and this limited license.

No other use is permitted. Without limiting the generality of the foregoing, you may not:

  1. make any commercial use of such content;
  2. include such content in or with any product that you create or distribute;
  3. copy such content onto your or any other person's web site; or
  4. distribute it to anyone whatsoever.

Notwithstanding the above, nothing contained in this license shall be construed as conferring, any right under any copyright of Cyberun or any other person who owns the copyright in content provided on our website.

3. Site Security

Users of the Cyberun website are strictly prohibited from violating or trying to violate the security features of the website, such as by (1) accessing data not intended for that user or logging onto a server or an account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that user to do so in writing; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Any occurrences will be investigated that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. By using the Cyberun website, you hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this website or any activity being conducted. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the website other than the search engine and search agents which we make available on this website and other than generally available third party web browsers like Netscape Navigator or Microsoft IE.

4. Liability Disclaimer

CYBERUN IS PROVIDING THIS WEBSITE AND ITS CONTENT ON AN "AS IS" BASIS AND MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CYBERUN DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON OUR WEBSITE. FURTHER, CYBERUN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION OR PRODUCT CONTAINED OR OFFERED ON THIS WEBSITE FOR ANY PURPOSE. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL CYBERUN BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR, INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF CYBERUN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

5. Limitation of Liability

IN NO EVENT SHALL CYBERUN OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.

Liability is limited on statements regarding future events, products or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially. We refer you to the documents the Company files from time to time. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements and product directions.

6 . Links to Third Party Sites

This website contains hyperlinks to websites operated by parties other than Cyberun. Such hyperlinks are provided for your reference only. Cyberun does not control other third party websites and is not responsible for their content. No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this website. Cyberun performs no independent investigations and/or verification of information provided by other third parties linked to this site and assumes no responsibility for the accuracy of any information provided by the linked sites. Cyberun is not responsible for the privacy policies of these organizations. We encourage you to review their respective privacy statements as they may be different from ours.

Cyberun does not warrant the condition of merchandise advertised, the character of the third parties, the advertised rates, or any claims made by the third parties about the locations, configurations and suitability of merchandise advertised. Your access and use of such other sites, including information, material, products and services herein, are solely at your own risk. Furthermore, our privacy policy statement is applicable only when you are on our website. Once linked to another website, you should read that site's privacy policy before disclosing any personal information.

7. Submissions

Cyberun welcomes your comments regarding this website. Unfortunately, Cyberun will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trade mark, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.

You agree that upon posting material on the Cyberun website, you grant Cyberun and its successors and assigns a non-exclusive, worldwide, royalty-;free, perpetual right and license under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising.

You shall use this website for lawful purposes only. You shall not use this website to do any of the following:

  1. post, store, transmit, download or distribute any threatening, abusive, libelous, defamatory, obscene, or legally objectionable materials of any kind, including anything constituting or encouraging a criminal offense, giving rise to civil liability, or otherwise violating any laws;
  2. post any nonpublic information about companies without the proper authorization to do so;
  3. provide false information on your registration, or impersonate someone else;
  4. post, transmit or otherwise distribute any materials that contain a virus, Trojan horse, worm, or other harmful or disruptive component; or
  5. upload, post, transmit or otherwise distribute or reproduce any information, software or other material protected by copyright, or other intellectual property without the permission of the copyright owner or the holder of the right.

Cyberun reserves the right for any reason to remove without notice any content of this website received from you, including without limitation bulletin board postings. Cyberun reserves the right to deny, in its sole discretion, any person access to this website or any portion thereof without notice, Cyberun reserves the right to edit any notices of postings for clarity and length.

8. Indemnification

You agree to defend, indemnify and hold harmless Cyberun, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including lawyers' fees, arising out of your use of this website.

9. Monitoring

Cyberun shall have the right, but not the obligation, to monitor the content of this website, including chat rooms and forums, to determine compliance with these TERMS OF USE and any operating rules established by Cyberun and to satisfy any law, regulation or authorized government request. Cyberun shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, Cyberun shall have the right to remove any material that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Termination

Without limiting the foregoing, Cyberun shall have the right to immediately terminate your access to this website in the event of any conduct by you which Cyberun, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Use.

11. Governing Law

This site is created and controlled by Cyberun in the Province of Ontario, Canada, As such, the laws of the Province of Ontario, and the federal laws of Canada applicable therein, shall govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of law. Cyberun reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.

  

. Terms of Use : Privacy Statement
.Copyright © Cyberun 1999-2007. All rights reserved.