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TERMS OF SERVICE

Updated 09/03/2018

We request that you carefully and completely read these Terms of Service (“Terms”). They contain the terms and conditions of the legal agreement that governs game play provided to you by Cybura.com, including but not limited to data, text, images, or other materials (“Content”), products and services provided through Cybura.com, and all software, programs, scripts and code incorporated into, or forming part of, Cybura.com. Hereafter, “CYBURA” refers to Cybura.com and it's staff.

Cybura is purely and completely fiction. Anything within Cybura that relates or approximates real life situations, people, places, etc., is purely and completely coincidence.

Cybura may only be used by individuals of 13 years of age or older. Anyone who is under 13 years of age must, prior to registering for Cybura obtain the explicit permission of a parent or guardian.

Use of Cybura constitutes the agreement to, and being bound by, Section A of these Terms (“General Terms”), as well as Section B of these Terms (“Additional Terms”). If you choose to log into Cybura, it is expected that you have read, and agree to be bound by, these Terms.

Cybura has a ZERO TOLERANCE SCAMMING POLICY. If any player (“user”) is discovered to be maliciously collecting any kind of currency (real life or in-game) and/or taking false credit for work they do not own, they will be at risk of having their account immediately and permanently banned, at the sole discretion of Cybura staff.

Section A: General Terms

1. Availability

Cybura makes no promises or guarantees of any kind whatsoever as to Cybura's up-time. Cybura reserves all rights to cease service at any time for any length of time, including permanently, without any warning or explanation whatsoever. You agree that Cybura is not and will not be liable to you for any modification, suspension, or discontinuance of Cybura whatsoever.

2. Privacy

Cybura respects and values your privacy. What information we collect during the registration process is used only for maintaining the user's account and for account safety. Cybura makes no other use of this information. User passwords are stored in an encrypted format for the safety of the user and their account. Cybura will not release any personal information whatsoever except as required by the laws of the United States & the State of California, or in the event that Cybura must defend itself against a user charge-back and present the relevant account and purchase information to a credit card or PayPal representative.

Upon registration, we collect the following information: user name, user password, valid e-mail address, IP address of registration computer, birthday, legal name, and sex. We do not collect personal information from children under 13.

3. Trademarks & Copyright

The images, text, and programming of this site belong wholly to Cybura. You agree not to steal, plagiarize, or otherwise claim these materials without the sole, explicit permission of Cybura staff. Cybura images may not be sold for any sort of currency whatsoever, real or in-game. You may use Cybura images containing the Cybura.com logo off-site only provided that the Cybura.com logo remains completely intact and clearly visible.

4. Copyright Violations

A user accepts complete responsibility and liability for any content whatsoever that he or she uploads onto Cybura and agrees that Cybura bears no responsibility for it. This includes, but is not limited to, pictures posted or linked to without explicit permission from the holder of the Copyright and programming code that is copyrighted by any 3rd party.

Art Theft, including but not limited to uploading, displaying, selling, or giving away artwork or code which is not your own work, without the explicit permission of the original artist; using photographs which are copyrighted by any party other than yourself; copying and pasting another user's profile code; tracing or otherwise copying and claiming as your own artwork anything based on a copyrighted work that is not your own. Any artwork you made yourself that depicts any copyrighted materials may be sold for Cybura in-game currencies (Coins/Bytes) only.

Any user found to be in direct connection with any uploading, selling, or copying/tracing of copyrighted material will be punished by Cybura, including the possible banning of the user's account.

If you believe your art has been used on Cybura without your permission, you may email support@cybura.com and provide as much of the relevant information as possible, including information detailing why you think this is happening.

5. External Links

Cybura may provide links to third-party websites or resources. You acknowledge and agree that Cybura is not responsible or liable whatsoever for: the availability or accuracy of such websites and/or resources; the Content, services, or products on or offered by such websites or resources. Cybura does not imply any endorsement by providing these links. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or links.

6. Programming

You agree that you will not take any actions whatsoever to interfere with or disrupt (or attempt to do either) the programming, game play, or servers of Cybura & Cybura.com.

7. Disclaimer of Warranty and Limitation of Liability

CYBURA MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY OF CYBURA & CYBURA.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU SPEFICALLY AND DIRECTLY ACKNOWLEDGE THAT CYBURA IS NOT IN ANY WAY LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, ILLEGAL CONDUCT, AND YOU EXPRESSLY ASSUME ANY AND ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM ANY SUCH CONDUCT. CYBURA SHALL NOT BE LIABLE FOR ANY INJURIOES OF ANY KIND ARISING FROM USE OF CYBURA & CYBURA.COM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, AND EMOTIONAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN TYPES OF WARRANTIES OR INJURIES. THEREFORE, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

8. Amendment of the Terms

Cybura fully and completely reserves the right to amend these Terms at any time, for any reason, at Cybura's sole discretion. If you have registered an account, you shall be notified of any material change to these Terms, including the effective date of such changes, by indicating that these changes have occurred on a bulletin board post, and by highlighting any recent changes in the formatting of the Terms of Service. If you continue to use Cybura's services after the effective date of the revised Terms, you will have agreed to the changes. If you choose not to agree to the revised Terms, your sole remedy shall be to immediately discontinue all use of Cybura and Cybura.com.

9. General

The entire and complete agreement between yourself and Cybura, with respect to your using Cybura and Cybura.com is constituted by these Terms. Cybura's failure to enforce any provisions or right in these Terms shall in no way constitute a waiver of such provisions or right. If any Court should find that one or more provisions detailed in these Terms is invalid or unenforceable, you agree that the remaining provisions of the Terms remain enforceable and valid. These Terms shall be governed by and construed in accordance with the laws of the United States of America, and the State of California. Any disputes arising under or in connection with provisions in these terms or the Terms themselves shall be subject to the exclusive jurisdictions of the State and Federal Courts of the State of California.

Section B: Additional Terms

10. Registration

A certain set of privileges is granted to each user of Cybura. Please note and recall that they are not rights, and that Cybura reserves the right to remove them from any user at any time without mandating any explanation or cause whatsoever at the sole discretion of Cybura staff. Privileges include, but are not limited to: access to your user account; interaction with fellow users through messages, chat, and forums; and customization of your user profile. Any or all of these privileges may and will be restricted if you do not adhere strictly and completely to these Terms.

11. User Passwords

When you register as a user you will be asked to provide a password. You are responsible for picking a sufficiently secure password, and also for safeguarding your password. You agree not to disclose your password to any third party whatsoever, except as under Section 17 of these Terms.

You agree that you and you alone are responsible for any actions or activities whatsoever that take place under your account, regardless of whether you had authorized any such activities. You agree that you shall immediately notify Cybura upon learning of any unauthorized use whatsoever of your password.

Shared accounts, accounts that are used by two users, are discouraged and not recommended but permissible. By logging into an account that is used by more than one individual, you agree that Cybura holds no responsibility or liability whatsoever in consequences that may arise from that situation, including but not limited to, the actions of untrustworthy partners.

12. Submitting Content

Chat Rooms & Forums

As a registered member of Cybura, you are granted the privileges of participating in chat rooms and forums on Cybura.com as part of the services of Cybura. In these areas, you may post Your Content in the form of text and Artistic Materials for the purposes off of display, subject to your compliance with the Terms.

Artistic Materials

Digital art, including avatars, Cybura images, layout images, and characters. However, you are not allowed to post anything including, but not limited to avatars, backgrounds, or layout images which include animation with excessive flashing, blinking, or rapid movement. This is due to the potential of causing medical issues to other users, and will be policed at the sole discretion of Cybura.

13. Monitoring Content

Cybura has no ability to fully or completely control the Content which you may upload, post or otherwise transmit using Cybura & Cybura.com and has no obligation to monitor this Content for any purpose. You specifically acknowledge that you are solely responsible for all such Content you upload, post or otherwise transmit using Cybura and Cybura.com.

14. Conduct

You specifically agree to be subject to and conduct yourself in strict accordance with the following list of guidelines. You further agree that you are completely responsible for all of your Content which you choose to upload or otherwise copy, display, and distribute through the use of Cybura & Cybura.com. You must have the legal rights to copy, distribute, and display all parts of any content that you upload or otherwise copy, distribute, and display. Any content whatsoever provided to you by others or made available through websites is protected by copyright, and shall not be uploaded, downloaded, or otherwise copied, distributed, or displayed without the explicit consent of the copyright owner.

No language but English may be used on Cybura's forums or chat. For any content whatsoever posted in any other language, a complete and reasonably accurate English translation must be provided in the space post or content area.

If you discover any bugs or glitches, defined as errors in the code of Cybura & Cybura.com, you specifically agree to notify Cybura staff immediately, describing all relevant information. Relevant information here includes, but is not limited to, the location of the bug and what actions you took to find it. Any users found abusing any bugs for any reason whatsoever may be warned, fined, and/or banned.

You agree that you will not provide any information to Cybura that either attempts to hide your identity or is false or misleading in any way.

You agree not to use any aspect of Cybura & Cybura.com:

  • (a) for any unlawful purposes whatsoever;

  • (b) to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, explicit nudity, unlawful, threatening, abusive, harmful, an invasion of any privacy or publicity rights, defamatory, libelous, or otherwise objectionable;

  • (c) to upload, post, or otherwise transmit any material that infringes on any property or intellectual or artist's rights, including but not limited to copyright, trademark, or patent;

  • (d) to upload, post, or otherwise any material which is likely to cause any harm whatsoever (including allowing unauthorized access) to Cybura's or any computer systems, including but not limited to that which contains any virus, code, worm, data, or other files or programs designed to damage (including allowing unauthorized access) to Cybura.com or any other computer system;

  • (e) to posts any scripts outside of the Cybura.com domain, including but not limited to private chat boxes, music, glitter graphics, and counters. You may use only HTML and CSS;

  • (f) for cursing, the only only exception being forums and user profiles that are clearly labeled “[Mature]” or “[M]”. Cursing includes but is not limited to: all words blocked by Cybura's bad word filter, and any methods whatsoever to attempt to evade Cybura's bad word filter, including symbols and acronyms. Topics that contain a censored word may be editing by the player to comply with the Terms. Topics that contain a censored word but which aren't edited in a timely and prompt manner may be edited or outright removed by Cybura and a warning may be given. Topics with more than three censored words will simply be removed;

  • (g) for griefing, including but not limited to degradation of or interference with another user's ability to use Cybura & Cybura.com in a hassle-free, friendly environment, deliberately causing any other user to feel unwelcome on any publicly accessible areas of Cybura & Cybura.com, publicly damaging in any way the reputation of another user (including public black-listing), making any accusations of theft or scamming in public, and any behavior that is threatening including false acts of violence against another. In addition, posting content with the intent of antagonizing another user or start a flame war is forbidden;

  • (h) for any player harassment, defined as any acts of systematic, continuing, or planned unwanted and/or annoying actions of any one user or group against another user or group, including threats and demands;

  • (i) to impersonate any Cybura staff, including but not limited to pretending to have been Cybura staff in the past or present, or threatening other players with any sort of fine, punishment, or consequence. One user may however politely request that another player in chat cease posting in all caps, or cease flooding when a Cybura staff member is not present. Should you encounter another player whom you believe is violating the Terms, you have two options: report the offense to Cybura staff or ignore the offense;

  • (j) to post any personal information whatsoever, such as full names, contact information, or the specific location of anyone, including yourself. Posting links to outside games and websites is permissible if the link destination is appropriate for all ages and also posted in the Other Site forum (named and referred to hereafter as “THE PORT”), but starting a flame war or any other prohibited behavior whatsoever for any outside website is forbidden;

  • (k) for hot-linking images (defined as linking directly to an image or file without direct permission of the host and owner of that image or file) on topics, user profiles, or any area of Cybura & Cybura.com. This consumes bandwidth from the host;

  • (l) for Spamming, which includes but is not limited to: flooding player message inboxes, chat, or forums, sending or posting any unsolicited messages such as chain letters in messages, chat, or the forums, bumping multiple older topics, posting advertisements in any board other than THE PORT.

16. Warning, Suspension & Banning of Accounts

You specifically agree that Cybura may at any time and with no notice whatsoever, warn, suspend, or ban any or all of the accounts sharing your IP if you fail to comply with the Terms or any applicable law. Cybura fully reserves the right to immediately suspend or ban any account that is not using Cybura & Cybura.com as intended by Cybura. Cybura staff are fully aware of the Terms and will enforce each of it's provisions. You also agree not to intentionally or knowingly provide misleading or untruthful information to Cybura staff.

17. Selling & Trading

The sale of any in-game currencies, items, pets, or accounts for any form of real currency, which includes but is not limited to USD, CD, etc., is only permissible if using the “Foreign Currency” section of Cybura.com, hereafter referred to as Foreign Currency. Player's in-game currencies, accounts, items, and pets are allowed to be traded/sold for goods from another game if the other game allows the same. Selling non-Cybura products is forbidden. These include but are not limited to code (with the exception of HTML & CSS written for Cybura profiles), gaming platforms, art programs, games, and live animals.

Buying, Selling, and Trading Cybura accounts is only permitted if under Foreign Currency, however players are reminded that: the history of an account's rule-breaking is permanent and remains through any form of trading; players are responsible for at no one time owning more than a single account, and ownership of an account is defined as but not limited to access to the username and password via any authorized means for any account regardless of it's status; and that players are responsible for ensuring that the password and email address on an account is changed immediately upon transfer of ownership.

18. Selling of Art

You must hold full and complete rights to any art whatsoever which you choose to sell on Cybura. No matter what currency type, no art sale whatsoever are Cybura's responsibility, and you must use Foreign Currency to sell art. However, Cybura has a zero tolerance policy for scamming, and in the case that we find what we consider to be conclusive evidence of scamming having occurred, we will immediately IP ban, as well as ban the offending user's account.

19. Donations

Users of Cybura are forbidden to ask for any donations in the forms of real currencies. However, the in-game donation of in-game currencies or items to another player is allowed. Further, players may provide a link on THE PORT to off-site charitable organizations or fundraisers, as long as there are no restrictions on which individuals may donate.

ANY ISSUE NOT CLEARLY EXPRESSED BY THE ABOVE TERMS WILL BE HANDLED AT THE SOLE DISCRETION OF CYBURA STAFF.
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