AetherByte, LLC - Website Terms of Use
https://www.aetherbyte.cc/
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
Acceptance of Terms
1.1. These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and AetherByte, LLC ("AetherByte," "we," "us," or "our"), a Wyoming limited liability company with its principal address at 2106 House Avenue, Suite 754, Cheyenne, Wyoming 82001.
1.2. These Terms govern your access to and use of the website located at https://www.aetherbyte.cc/ (the "Website"), including all content, features, services, and functionality offered on or through the Website.
1.3. By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
1.4. If you are accessing or using the Website on behalf of a business or other entity, you represent and warrant that you have the authority to bind such entity to these Terms.
1.5. We reserve the right to modify, update, or replace these Terms at any time in our sole discretion. We will notify you of material changes by posting the updated Terms on the Website with a revised "Last Updated" date. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
Intellectual Property
2.1. The Website and all Content Services, including all content, features, functionality, software, code, design, text, graphics, logos, trademarks, service marks, trade names, images, audio, video, and other materials (collectively, "AetherByte Content"), are owned by AetherByte or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2. Subject to your compliance with these Terms, AetherByte grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Content Services for your personal, non-commercial use.
2.3. This license does not include the right to: (a) modify, copy, or create derivative works based on the Website, Content Services, or AetherByte Content; (b) reverse-engineer, disassemble, decompile, or otherwise attempt to discover the source code of any software used in the Website or Content Services; (c) sell, resell, license, sublicense, distribute, rent, or lease the Website, Content Services, or AetherByte Content; (d) use any data mining, robots, or similar data gathering or extraction methods on the Website or Content Services; or (e) use the Website or Content Services for any commercial purpose without the prior written consent of AetherByte.
2.4. All trademarks, service marks, logos, and trade names displayed on the Website are the property of AetherByte or their respective owners. You may not use any trademark, service mark, logo, or trade name of AetherByte without the prior written consent of AetherByte.
2.5. If you believe that any content on the Website infringes your copyright, please notify us at help@aetherbyte.cc with a description of the allegedly infringing material, identification of the copyrighted work, and your contact information.
Acceptable Use Policy
3.1. You agree to use the Website and Content Services only for lawful purposes and in accordance with these Terms.
3.2. You agree not to:
3.2.1. use the Website or Content Services in any way that violates any applicable federal, state, local, or international law or regulation;
3.2.2. use the Website or Content Services to exploit, harm, or attempt to exploit or harm minors in any way;
3.2.3. 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;
3.2.4. impersonate or attempt to impersonate AetherByte, an AetherByte employee, another user, or any other person or entity;
3.2.5. engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website or Content Services, or that, as determined by AetherByte,
3.2.6. may harm AetherByte or users of the Website or Content Services or expose them to liability;
3.2.7. use any robot, spider, scraper, or other automated means to access the Website or Content Services for any purpose without our express written permission;
3.2.8. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
3.2.9. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Content Services, the server on which the Website is stored, or any server, computer, or database connected to the Website;
3.2.10. use the Website or Content Services to collect or harvest any personally identifiable information from other users without their express consent;
3.2.11. otherwise attempt to interfere with the proper functioning of the Website or Content Services.
3.3. AetherByte reserves the right to investigate and take appropriate legal action against anyone who, in AetherByte's sole discretion, violates this Section 3, including without limitation removing offending content, suspending or terminating the account of such violator, and reporting such activity to law enforcement authorities.
Disclaimers
4.1. THE WEBSITE, CONTENT SERVICES, AND ALL AETHERBYTE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AETHERBYTE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
4.2. Without limiting the foregoing, AetherByte makes no representation or warranty that: (a) the Website or Content Services will meet your requirements or expectations; (b) the Website or Content Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Website or Content Services will be accurate, reliable, or complete; (d) any errors or defects in the Website or Content Services will be corrected; or (e) the Website or Content Services are free of viruses or other harmful components.
4.3. AetherByte does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or Content Services, and AetherByte will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
4.4. You acknowledge that your use of the Website and Content Services is at your sole risk.
Limitation of Liability
5.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AETHERBYTE, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "AETHERBYTE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR CONTENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF AETHERBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE AETHERBYTE PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR CONTENT SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO AETHERBYTE IN SUBSCRIPTION FEES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
5.3. The limitations of liability set forth in this Section 5 shall apply to the fullest extent permitted by law in the applicable jurisdiction, even if any remedy specified in these Terms is deemed to have failed of its essential purpose.
5.4. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of the AetherByte Parties shall be limited to the greatest extent permitted by applicable law.
Indemnification
6.1. You agree to indemnify, defend, and hold harmless AetherByte and the AetherByte affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your access to or use of the Website or Content Services; (b) your violation of these Terms; (c) your User Content; (d) your violation of any applicable law or regulation; or (e) your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
6.2. AetherByte reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AetherByte, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of AetherByte.
Dispute Resolution and Arbitration
7.1. Agreement to Arbitrate. You and AetherByte agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Content Services, including the determination of the scope or applicability of this agreement to arbitrate (collectively, "Disputes"), shall be resolved exclusively through binding individual arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or other misuse of intellectual property rights.
7.2. Arbitration Rules and Forum. Arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA Consumer Arbitration Rules, as applicable. The arbitration shall be held in the State of Wyoming, or at such other location as the parties may mutually agree. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
7.3. Class Action Waiver. YOU AND AETHERBYTE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
7.4. Waiver of Jury Trial. BY AGREEING TO THESE TERMS, YOU AND AETHERBYTE EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTES.
7.5. Opt-Out. You may opt out of this arbitration provision by sending written notice to AetherByte at 2106 House Avenue, Suite 754, Cheyenne, Wyoming 82001 within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and AetherByte agree to submit to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.
7.6. Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdiction of such court.
Governing Law
8.1. These Terms and any Disputes arising out of or relating to these Terms, the Website, or the Content Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles.
8.2. To the extent that arbitration is not applicable or is found to be unenforceable, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Sheridan County, Wyoming, and you waive any objection based on improper venue or forum non conveniens.
Termination and Suspension
9.1. AetherByte reserves the right, in its sole discretion, to suspend or terminate your access to the Website and Content Services, in whole or in part, at any time and for any reason, with or without notice, including but not limited to: (a) your violation of these Terms; (b) your engagement in fraudulent, abusive, or illegal activity; (c) your failure to pay applicable subscription fees; or (d) discontinuation of the Website or any Content Service.
9.2. Upon termination: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must immediately cease all use of the Website and Content Services; and (c) you will not be entitled to any refund of prepaid subscription fees, except as may be required by applicable law.
9.3. The following Sections shall survive termination of these Terms: Section 2 (Intellectual Property), Section 4 (Disclaimers), Section 5 (Limitation of Liability), Section 6 (Indemnification), Section 7 (Dispute Resolution and Arbitration), Section 8 (Governing Law), and this Section 9.3.
Third-Party Links
10.1. The Website may contain links to third-party websites, services, or resources that are not owned or controlled by AetherByte. AetherByte has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
10.2. The inclusion of any link on the Website does not imply endorsement, approval, or recommendation by AetherByte of the linked website or service. You access and use third-party websites and services entirely at your own risk and subject to the terms and conditions applicable to such third-party websites and services.
10.3. AetherByte shall not be liable for any damages or losses arising from your use of or reliance on any content, goods, or services available on or through any third-party websites or services.
General Provisions
