Welcome to the Web site of CyanGate (“CG” or “we”).
1. Term; Breach: These TOU will remain in full force and effect for as long as you use the Web Site. We have the right to investigate any allegations that you have violated these TOU that come to our attention and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, removing any information you may have posted, and preventing you from accessing any features of the Web Site.
2. Intellectual Property: CG owns all trademark rights in the CG name and logo; all patent rights in the Web Site; and all copyrights and other rights in the content of CG’s that appears on the Web Site (all together, “CG Intellectual Property”). Other entities, including affiliates of CG, own their respective trademarks, service marks, and content (“Other Third-Party Intellectual Property”). CG Intellectual Property, User Content, and Other Third-Party Intellectual Property together constitute “Web Site Content.”
3. Limitations on Use of the Web Site:
a. It is a violation of these TOU for any User to use any information obtained through the Web Site (a) to harass, abuse, stalk, or otherwise harm another person; (b) to contact, advertise to, solicit, or sell to any User without that User’s express prior written consent or engage in any other commercial activity; or (c) for any other purpose other than exchanging information with other Users.
b. Comments on Web Site Content (“User Comments”) are made available to you for your information and personal use solely within the normal functionality of the Web Site. You may not copy, distribute, transmit, broadcast, display, sell, license, download or otherwise exploit any User Comments in any manner not intended by the normal functionality of the Web Site or otherwise as prohibited under this Agreement.
c. You may not use, copy, perform, display or distribute any Web Site Content for any commercial purpose.
d. You may not circumvent, disable or otherwise interfere with security-related features of the Web Site or features that prevent or restrict use or copying of any Web Site Content or enforce limitations on use of the Web Site.
e. You understand that when using the Web Site, you will be exposed to Web Site Content from a variety of sources, and that CG is not responsible for the accuracy, usefulness, safety, or timeliness of such Web Site Content and is not responsible for any intellectual property rights relating to such Web Site Content.
4. Posting of User Content on the Web Site:
a. You are solely responsible for the contents of any User Content that you that you publish or display (“post”) on the Web Site and the consequences of posting or publishing such User Content on the Web Site.
b. Any Profile that you post must describe you, an individual User. Examples of inappropriate and prohibited Profiles include, but are not limited to, a Profile that purports to represent an animal, a place, an inanimate object, a fictional character, or a real individual that is not you.
c. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, and permissions to (i) reproduce, display, perform, distribute copies of, create derivative works (adaptations) of all User Content that you post and its use in the way that the Web Site contemplates, and (ii) to authorize us to do so. This means that with respect to any User Content that you post, (i) you created such User Content yourself; (ii) if you did not create such User Content yourself, or if such User Content contains any content created or owned by anyone else, such as a quotation or a sound recording, you have written permission from that person or company to post, show, play, and distribute copies of such User Content on the Web Site; and (iii) if that User Content includes any name or photo, voice, or footage of any person, you have written permission to post, show, play and distribute copies of that name, photo, voice or footage as part of that User Content on the Web Site. If such User Content does not meet these requirements, and we are sued by someone as a result of your posting it on the Web Site, you will have to pay our legal fees. See also the Representations and Warranties in Section 8.
d. We have the right but not the obligation to review any User Content and remove it or take other action if we determine that it fails to comply with these rules or that it contains content that is not appropriate for posting on the Web Site (“Inappropriate User Content”). Inappropriate User Content includes material, or links to material, that:
i. Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
ii. Harasses or advocates harassment of another person;
iii. Involves the transmission of “junk,” “chain letters,” or unsolicited mass mailing or “spamming”;
iv. Is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
v. Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
vi. Exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under the age of 18;
vii. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
viii. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
ix. Facilitates or constitutes part of commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. By posting any User Content to the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to CG and its affiliates an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of such User Content, or incorporate it into other works and to grant and authorize sublicenses of the foregoing. See also the Representations and Warranties in Section 8.
5. Copyright Protection Policy: If you believe that content that you own has been posted on the Web Site without your permission, 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 where the material that you claim is infringing is located on the Web site; 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; 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. Send the information by certified mail to CyanGate ATTN: Copyright Agent 5532 E Galbraith RD Cincinnati, Oh 45236. CyanGate will remove the content within 48 hours upon receipt of the certified mailed request.
6. Interaction and Disputes Between Users; Release: You are solely responsible for your communication and interaction with any other User. If there is a dispute between you and any other User, CG is under no obligation to become involved. You hereby release CG, its parents and affiliates, and their officers, employees, agents, and successors in interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Web Site. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
7. Representations and Warranties: In addition to any representations and warranties elsewhere in these TOU, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these TOU; all information in any User Content that you post will be accurate and complete; you will not post any User Content that you do not have the legal right to post;. no posting by you of any User Content will violate the rights of any person under the HIPAA statute or any other statutory or common-law right of privacy; and no User Content that you post will defame any person, violate any person’s right of publicity, or infringe or violate any other right of any other person or entity.
8. DISCLAIMER OF WARRANTIES: THE WEB SITE IS MADE AVAILABLE TO YOU “AS IS.” CG EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO (i) THE RELIABILITY, COMPLETENESS OR ACCURACY OF ANY USER CONTENT ON THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OF ANY PROFILE, STORY, OR BLOG POSTING; OR (ii) ANY LINKS ON THE WEB SITE. CG DOES NOT SCREEN THE USERS WHO POST PROFILES OR THE PROFILES THEMSELVES. ANY RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK. CG ALSO DISCLAIMS ANY WARRANTY OF ANY KIND RELATING TO THE RESULTS OF YOUR USE OF OR INTERACTION WITH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE WEB SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9. Indemnity: You will indemnify and hold harmless CG, its parent, subsidiaries, affiliates, officers, agents, and other partners and employees from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (collectively, “Claims”) made by any third party (which means anyone other than you or CG) due to or arising out of your use of the Web Site, including, without limitation, any Claim arising from your breach of these TOU, your breach of the representations and warranties in Section 8, your sharing of any personal information from the Web Site with any third party, and your posting of User Content that you do not have the right to post. This obligation will survive termination of this Agreement, which means that even after you stop using the Web Site, you will still be bound.
10. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL CG OR ANY OF ITS PARENTS OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF CG OR SUCH PARENT OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEB SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEB SITE; YOUR INABILITY TO USE THE WEB SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEB SITE; ACTIONS TAKEN OR NOT TAKEN, OR STATEMENTS MADE, BY ANY USER WITH WHOM YOU COMMUNICATE OR CONSULT AS A RESULT OF SEEING A PROFILE ON THE WEB SITE; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB SITE OR ANY LINKS ON THE WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
11. Governing Law, Jurisdiction, and Time Limit on Claims: You agree that: (i) the Web Site shall be deemed solely based in Ohio; and (ii) the Web Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over CG, either specific or general, in jurisdictions other than Ohio. If you have any dispute with us, the dispute will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Ohio. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Web Site or the TOU must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
12. Additional Terms: Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.
These TOU were last changed on February 9, 2014.