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Terms and Conditions of Use
Introduction

The present Terms and Conditions of Use define the rules for use of the services of the site of KIBERTRON Ltd and the system which it is based on, provided from KIBERTRON Ltd by some of our products and tools and/or websites, available in the internet space at the following main addresses (domains):

kibertron.com

including all their subdomains, and also the sites of the clients and the partners of KIBERTRON Ltd, of which KIBERTRON Ltd is developed and placed at their disposal a site, based on the site of KIBERTRON Ltd.

In the present document and in all other documents related to it, for better convenience, when the case in point is for the site of KIBERTRON Ltd and for web sites which are based on it, the following abbreviations will be used: "the KIBERTRON Site".

By using the KIBERTRON Site, you agree to be bound by these Terms and Conditions of Use (the "TCU"), including our Privacy Policy, Copyright and Intellectual Property Policy and the rest user obligations and rules that are being updated and published periodically and follow the TCU and all laws and regulations from which the KIBERTRON Site is being governed. If you do not agree, please do not enter the system and do not use the KIBERTRON Site.

KIBERTRON Ltd may update the TCU periodically. Your obligation is to check this page for changes and updates of the TCU. Your use of the KIBERTRON Site after publication of any changes to the TCU will be deemed as acceptance of these changes.

Using the KIBERTRON Site, you shall be subject to all terms and/or conditions, which are being published periodically. They are being unified with these TCU.

Data and information described here, before your registration as an user, are being provided only for information, and are not intended for trading purposes.

Please direct any questions, concerning the TCU, or any other legal matters, to the following e-mail address: info@kibertron.com.

1. Property of KIBERTRON Ltd and permission for use

The KIBERTRON Site and the system which it is based on, including also without limitations the entire system contents, software, hardware and services are developed by KIBERTRON Ltd and are property of KIBERTRON Ltd, except if else is mentioned specifically.

The KIBERTRON Site is protected by the law for copyright and/or other laws for intellectual property in Bulgaria and abroad. You have only permission to examine and use the KIBERTRON Site.

It is prohibited copying of pages and materials the KIBERTRON Site, their reproduction and distribution, the attempts for acquirement with user content, which is not your property. Do not copy, publish, change or distribute materials from the KIBERTRON Site, until you receive specific written permission for this from KIBERTRON Ltd. Legal notices and various other notices are being published in the KIBERTRON Site. Do not remove them or any other information related to them, which is included in the KIBERTRON Site. Otherwise you bear punitive responsibility for this.

As you acknowledge the contents of this document, you agree that all rights, titles and interests, connected with the KIBERTRON Site, including all products, services and tools of the KIBERTRON Site and the hereby mentioned terms, any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights related to this document, are property exclusively by KIBERTRON Ltd. Except in the cases, in which there is specific permission and agreement of KIBERTRON Ltd, you agree not to reproduce, copy, show, change or rent, hire, sell, distribute or create similar and/or derivative of the KIBERTRON Site as a whole or partial. You agree not to enter and/or use the KIBERTRON Site in other way except by the interface, provided by KIBERTRON Ltd for access to the services, products and instruments, provided to you. In relation to your use of the KIBERTRON Site, KIBERTRON Ltd can provide you access to particular software. For the download and use of such software, in the cases it refers to the KIBERTRON Site or it is a part of the KIBERTRON Site and it is a property of KIBERTRON Ltd, the terms of this document and the documents related to it are being applied, except if the software comes in with its own license agreement. The download of software which is not a property of KIBERTRON Ltd is a subject to particular agreement, which is being negotiated with you in its download and installation, by the license agreement of the particular software product.

2. User participation, property and responsibility

KIBERTRON Ltd gives its users a possibility to upload User Contents in the KIBERTRON Site as:
  • Personal information;

  • Notes in the Billboards and attached files to them;

  • Comments in the Chat channels;

  • E-mail correspondence;

  • User messages;

  • Files in the Libraries.
You shall understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials published by you on the KIBERTRON Site (collectively, the "User Content"), whether publicly published, shared with particular group of users of the KIBERTRON Site or privately transmitted through the KIBERTRON Site, are the sole responsibility of you or other users publishing or transmitting such User Content. This means that you, and not KIBERTRON Ltd, are entirely responsible for all User Content that you upload, publish, send, or otherwise transmit via the KIBERTRON Site. It is your obligation to ensure that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your publication or transmission of any information.

KIBERTRON Ltd does not control or pre-screen the User Content published in the KIBERTRON Site or sent to another user and, as such, does not guarantee the accuracy, integrity, appropriateness, or quality of such User Content. The User Content posted by users or other third parties does not necessarily represent the views or opinions of KIBERTRON Ltd and under no circumstances will KIBERTRON Ltd be liable in any way for any User Content, including, but not limited to, any loss or damage of any kind occurred as a result of the use of any User Content published, sent, or otherwise transmitted via the KIBERTRON Site.

Users can be held liable for any illegal or prohibited User Content they provide to the KIBERTRON Site or to other users, including, for example, infringing, defamatory, or offensive materials. So that the KIBERTRON Site is available for all users for legal use, accepting these Terms and Conditions of Use, you hereby declare and warrant that you will not publish, transmit, send or otherwise make accessible on or through the KIBERTRON Site User Content that:
  • Is unlawful, harmful, threatening, tortuous, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;

  • Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;

  • Is or could be harmful to minors;

  • Harasses or advocates harassment of another person;

  • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing (or "spamming");

  • Promotes information that you know is false, misleading, or promotes illegal activities or conduct;

  • Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;

  • Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;

  • Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);

  • Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

  • Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;

  • Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by KIBERTRON Ltd or any other party;

  • Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or

  • Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the KIBERTRON Site:
  • дImpersonate any person or entity, including a KIBERTRON Ltd officer or employee, or falsely misrepresent your affiliation with any other person or entity;

  • Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted through or on the KIBERTRON Site;

  • Engage in commercial activities and/or sales without KIBERTRON Ltd's prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;

  • Publish or transmit any Content that you do not have the right to publish or transmit;

  • Publish or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;

  • Disrupt the ordinary flow and operation of any portion of the KIBERTRON Site, including not to use scripts for automatical typing or filling in the Chat channels, Billboards, Forums or in any other area of the KIBERTRON Site;

  • Interfere with or disrupt the KIBERTRON Site or any server or network involved with the operation of the KIBERTRON Site;

  • Stalk or harass any other person; or

  • Collect or "harvest" from the KIBERTRON Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages and spam.
If you discover this kind of material or activity in the KIBERTRON Site, please notify us at: info@kibertron.com.

3. License To User Content

With respect to User Content you elect to publish or transmit in or via the KIBERTRON Site, you grant that KIBERTRON Ltd and its affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, observance of the following permission: to use, copy, transmit, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future bearers, versions and the KIBERTRON Site servers in any way, connected to the KIBERTRON Site (including without limitation in connection with the appearance of such User Content on KIBERTRON Ltd and on the sites of our affiliates, partners and others with whom KIBERTRON Ltd may have business relationships relating to the KIBERTRON Site) and the distribution and promotion of the KIBERTRON Site.

Without limitation of any of the rights granted to KIBERTRON Ltd and described herein, you acknowledge and agree that KIBERTRON Ltd may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TCU; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KIBERTRON Ltd, its users and the public.

4. Indemnity

You agree to indemnify KIBERTRON Ltd, its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, publish to, or transmit through the KIBERTRON Site, your use of the KIBERTRON Site, including your use of the KIBERTRON Site to provide a link to another site or to upload content or other information to the KIBERTRON Site, or your violation of the TCU or any applicable laws or the rights of another.

5. Links and Search Results

Тhe KIBERTRON Site provides links and automatically produce search results, or third parties may provide information, that reference or link to other World Wide Web sites or resources. KIBERTRON Ltd has no control over such sites and resources, and you acknowledge and agree that KIBERTRON Ltd is not responsible for the content or information contained therein. KIBERTRON Ltd cannot and does not guarantee, represent, or warrant that the content or information contained in such third-party sites is accurate, legal and/or inoffensive. KIBERTRON Ltd does not endorse the content or information of any third-party site or resource, and further does not warrant that such sites or resources will not contain viruses or otherwise impact your computer. By using the KIBERTRON Site to search for or link to another site, you agree and understand that KIBERTRON Ltd shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, the KIBERTRON Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the KIBERTRON Site, please let us know at info@kibertron.com.

6. Prohibition for Resale of the KIBERTRON Site

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any part of the KIBERTRON Site, use of the KIBERTRON Site, or access to the KIBERTRON Site, without the explicit written consent of KIBERTRON Ltd in each instance.

7. Modifications to the KIBERTRON Site

KIBERTRON Ltd reserves the right at any time to modify or discontinue, temporarily or permanently, the KIBERTRON Site (or any part thereof) with or without notice. You agree that KIBERTRON Ltd shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the KIBERTRON Site.

8. Suspension and/or Termination Rights

KIBERTRON Ltd reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the TCU, your registration and access to any part of the KIBERTRON Site, your ability to access the KIBERTRON Site, your ability to use the services offered in the KIBERTRON Site, and/or to remove any User Content, for any reason, including your or provoked by you violations of TCU, that KIBERTRON Ltd determines to be inappropriate. You agree that KIBERTRON Ltd shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.

9. Copyright and Intellectual Property Policy

KIBERTRON Ltd understands and respects the importance of intellectual property. Please click here to review our Copyright and Intellectual Property Policy, with which you are agreeing.

10. Your Registration Obligations

In consideration of your use of the KIBERTRON Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the KIBERTRON Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or KIBERTRON Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KIBERTRON Ltd has the right to suspend, terminate, or refuse any and all current or future use of the KIBERTRON Site (or any part thereof).

11. Privacy Policy

We believe that your privacy and the privacy of all of our users is important. Please click here to review our Privacy Policy, to which you hereby agree. In the event you are requested to activation your account in the KIBERTRON Site, you thereby consent to being placed on mailing list. You may subsequently contact us to request to be removed from this list. In every update that we send, is included an option to discontinue receipt of future updates. KIBERTRON Ltd reserves the right to limit any registrations and activations in the KIBERTRON Site, the mailing lists and the other services of the system, to the users who accept out terms and to those who will provide the requested information.

12. Back-Up

KIBERTRON Ltd is not liable for any lost data resulting from the operation of of the KIBERTRON Site and/or the enforcement of the TCU (including without limitation content from any e-mail account hosted by KIBERTRON Ltd), and is not obligated to maintain back-up copies of any contributed User Content and/or e-mails. We recommend that you retain a copy of all User Content that you publish or distribute to KIBERTRON Site.

You understand and agree that KIBERTRON Ltd may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

13. Password and Security

You will receive a password and instructions for use of the account after completing the KIBERTRON Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify KIBERTRON Ltd of any unauthorized use of your password or account or any other violation of security, and (b) ensure that you exit from your account at the end of each session. KIBERTRON Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the KIBERTRON Site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the KIBERTRON Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including Registration Data, passwords and User Content) received or delivered or intended to be made available on and through the KIBERTRON Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The KIBERTRON Site is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with visitors and users of the KIBERTRON Site, but due to the open communication nature of the Internet, we can not guarantee that your account will be free from unauthorized access by third parties.

14. Bulgaria Export Controls

KIBERTRON Ltd encourages users from around the world to use the KIBERTRON Site. However, if you choose to use the KIBERTRON Site, you understand, acknowledge and agree that your use of the KIBERTRON Site is governed by the TCU and the laws and regulations of Republic Bulgaria regarding the use of Internet, on-line services and contents. If you use the KIBERTRON Site in a jurisdiction that prohibits or restricts the use of the KIBERTRON Site, you agree that your use of the KIBERTRON Site will be at your own risk, without limitation of any other provision of the TCU, and that KIBERTRON Ltd shall not have any liability and will not tolerate such use. The software, based on the KIBERTRON Site is subject to the Bulgarian export control. No software from the KIBERTRON Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the Bulgaria has embargoed goods and services. By downloading or using software from the KIBERTRON Site, you declare and warrant that you are not located in, under the control of, a national or resident of any such country or on any such list.

15. Disclaimer of Warranties

You expressly understand and agree that:
  • Your use of the KIBERTRON Site is at your own risk. The KIBERTRON Site, and its content, are delivered on an "as is" and "as available" basis. KIBERTRON Ltd explicitly disclaims all warranties of any kind, whether direct or indirect, including the indirect warranties of merchantability, skills for a particular purpose, or non-infringement. KIBERTRON Ltd makes no warranty that the KIBERTRON Site or any related services, such as email, links, or searches offered by the KIBERTRON Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the KIBERTRON Site or any content, search or link therein. KIBERTRON Ltd further cannot ensure that files you download from the KIBERTRON Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features.

  • Any material viewed, downloaded, or otherwise obtained through the use of the KIBERTRON Site is done at your own risk, and KIBERTRON Ltd will not be liable for any damages of any kind arising from the use of the KIBERTRON Site including, without limitation, direct, indirect, incidental, punitive, or other damages.

  • No advice or information, whether oral or written, obtained by you from KIBERTRON Ltd or through or from the KIBERTRON Site shall create any warranty not explicitly stated in the TCU. Data and information relating to securities or use, are provided for informational purposes only, and is not intended for trading purposes. Neither KIBERTRON Ltd, nor any of its partners or data providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
16. Limitation of Liability

You expressly understand and agree that KIBERTRON Ltd shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KIBERTRON Ltd has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the KIBERTRON Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the KIBERTRON Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the KIBERTRON Site; or (v) any other matter relating to the KIBERTRON Site or the content thereon, including without limitation any user content posted thereon.

17. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

18. Miscellaneous

The present TCU constitute the entire agreement between you and KIBERTRON Ltd and govern your use of the KIBERTRON Site, superseding any prior agreements between you and KIBERTRON Ltd regarding the KIBERTRON Site. You may also be subject to additional Terms and Conditions of Use, that may apply when you use affiliate services, third-party services or third-party software.

You agree that the TCU and the relationship between you and KIBERTRON Ltd shall be governed by the laws of the Bulgaria without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the Sofia circuit, Sofia City, Bulgaria. The failure of KIBERTRON Ltd to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision.

If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the KIBERTRON Site or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TCU are for convenience only and have no legal or contractual effect.

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