PLEASE READ THESE TERMS OF USE BEFORE USING THE WEBSITE AND/OR PLATFORM.

Acceptance of the Terms of Use

These terms of use (the “Terms of Use”) are a legal agreement entered into by and between you and zbyte.io (the “Foundation”, “zbyte”, “we”, or “us”).  These Terms of Use shall govern the use of our website at https://zbyte.io and your access to and use of our website and/or our dPlat platform and/or the services provided by us (the “Platform”).  Our privacy policy is incorporated by reference into these Terms of Use and details how we collect, use, and protect information about individuals. 

Please read the Terms of Use carefully before you start to use the Platform.  

By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. 

You understand and agree that we may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

If you do not agree to these Terms of Use, you must not access or use the Platform.

Individuals Permitted to Use the Platform

The Platform are offered and available to users who are 13 years of age or older. The Platform are not intended for children under 13 years of age. By your use of the Platform, you represent and warrant to us that you (i) are 13 years of age or older, (ii) are not barred to use the Platform under any applicable law, and (iii) are using the Platform only for your own personal use. If you do not meet these requirements, you must not access or use the Platform.

Changes to the Terms of Use

You understand and agree that we may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them at https://zbyte.io/legal . Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You should and are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

You understand that we strive to keep the Platform available 24/7/365 but may suspend access for maintenance or to protect it from attacks or other threats. We endeavor to protect the Platform with robust physical, network, and data security measures.   We use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, third-party service provider outages, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.

We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We do not guarantee that our Platform or any content on them will always be available or be interrupted. Unless agreed by us in writing in advance, we will not be liable if for any reason all or any part of the Platform are unavailable at any time or for any period. Furter, from time to time and without notice, we may restrict access to some parts of the Platform, or entire Platform, to users.  You are responsible for:

• Taking any and all appropriate actions necessary for you to have access to the Platform; and
• Making certain that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete and is regularly updated to ensure same. You agree that all information you provide to use the Platform, including, but not limited to, using any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we may take with respect to your information that are consistent with our Privacy Policy.

You should use particular caution when inputting personal or sensitive proprietary information onto the Platform on a public or shared computer so that others are not able to view or record your personal or sensitive proprietary information.

Intellectual Property Rights

Unless provided to the contrary, the Platform and their entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  By using the Platform, you understand and agree that you do not obtain any right and/or title to these intellectual property rights.

We reserve all rights and licenses in and to the Platform not expressly granted to you under this Terms of Use.  If we mention on the Platform or under this Terms of Service or any other place, the existence of any third party software or third party rights, you shall be responsible to comply with the third party rights and/or licenses.

Trademarks

The Foundation name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Foundation or its affiliates or licensors. You must not use such marks without the prior written our written permission. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.  By using the Platform, you understand and agree that you do not obtain any right and/or title to these trademarks.

Prohibited Uses

You understand and agree that you may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms of Use;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
• To impersonate or attempt to impersonate the Foundation, a Foundation employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Foundation or users of the Platform or expose them to liability.

Additionally, you agree not to:

• Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform;
• Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
• Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Platform;
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server(s) on which the Platform is stored, or any server, computer or database connected to the Platform;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and
• Otherwise attempt to interfere with the proper working of the Platform.

Except as explicitly permitted in these Terms of Use, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party, including on a service bureau or similar basis; (iv) remove, alter or deface proprietary notices or marks in the Platform; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii) interfere with the Platform’s operation; (viii) use the Platform to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing.

You understand and agree that we are not required to review content and/or information provided by you, but may determine, in our sole discretion, that certain content violates these Terms of Use. Accordingly, you understand and agree that we may remove such content, suspend access to the applicable Platform, or take any other steps that we deem appropriate in such case. If you believe that any content on the Platform infringes a third-party copyright, trademark, or other intellectual property right, you must immediately report such infringement to us.

Reliance on Information Posted

You understand and agree that we do not warrant the accuracy, completeness, or usefulness of this information. Unless stated to the contrary, any information contained is not a representation of its accuracy or should be relied upon by you.  Any reliance you place on such information is strictly at your own risk. You understand and agree that we shall have no liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.  You further understand that and agree that the Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Platform

All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions that may be taken by us with respect to your information in compliance with the Privacy Policy.

Location Restriction

You understand and agree that we make no claims that the Platform or any of its content is accessible, appropriate or legal in your location. Access to the Platform may not be legal by certain persons or in certain countries.  Your access to the Platform is at your own initiative and risk and you are responsible for compliance with local laws.

Disclaimer of Warranties

You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANY PERSON ASSOCIATED WITH THE FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FOUNDATION NOR ANYONE ASSOCIATED WITH THE FOUNDATION REPRESENTS OR WARRANTS THAT THE WEBSITE, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN THEIR ENTIRETIES, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW WHICH MAY INCLUDE FRAUD.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, any use of the Platform’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed, construed and interpreted in accordance with the laws of the State of New York, New York County, without giving effect to principles of conflicts of law and will be litigated exclusively in the State Courts of New York County, New York, US.  You consent to venue and personal jurisdiction in that court and waive any objections based on forum non conveniens.

Waiver  

You understand and agree that we do not waive any term or condition set forth in these Terms of Use nor shall any inaction be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability

If any of the provisions contained in this Terms of Service shall be declared invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.

Entire Agreement

The Terms of Use, our Privacy Policy and terms of conditions for the registration of events constitute the sole entire agreement between you and us pertaining to the subject matter hereof, which merges and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.