We reserve the right, at our sole discretion, to modify or update these Terms at any time and all changes will become immediately effective upon posting. Your continued access to or use of our Services after such changes have been posted shall bind you to such changes and the amended Terms. It is your sole responsibility to check these Terms regularly for changes. If you do not agree to the amended Terms, please do not continue to access or use our Services.
In order to access any Services offered by us, you must register for an account ("Account") subject to the registration criteria herein. You represent and warrant that if you are registering for the Services as an individual, you are at least 18 years old, and you are fully capable and competent to enter into and to comply with these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. Your access and use of the Services shall be at your own discretion and risk. You shall be solely responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by us. We has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You are responsible for your own communications and for any consequences thereof. You will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.You shall not, shall not agree to, and shall not authorize or encourage any third party to:
1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by CyberX;
2. upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
3. prevent others from using the Service;
4. use the Service to invade the personal privacy of other people (e.g. stalking or harassment); or
5. use the Service for any fraudulent or inappropriate purpose.
You will not use any robot, spider, other automated device, or manual process to monitor, post to, or copy any content from the Service, except through APIs explicitly made available by CyberX. In the event that you violate any of these Terms or otherwise create risk or possible legal exposure for us, we may, at our sole discretion and in addition to our other rights and remedies, terminate your Account with us and stop providing the Services (or any part thereof) to you. You further agree and acknowledge that the Services are always evolving and that the form, nature, features, availability and limits on the use of the Services may change from time to time without prior notice to you.
The Services and Content are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, we do not guarantee, represent or warrant and hereby disclaim all representations, warranties and conditions, whether express or implied, as to the quality, accuracy, correctness, reliability, timeliness, non-infringement, safety or security, title, merchantability or fitness for any particular purpose of the Services or Content. The Content made available through the Services are provided and made available for general information purposes only. It is not intended as investment or financial advice and must not be relied upon as such. CyberX and its Data Providers are not giving or purporting to give or representing or holding ourselves out as giving personalized financial, investment, tax or other professional advice. You shall always seek the relevant professional advice before otherwise making any such financial or commercial decisions. No such Content provided through the Services is to be construed as an offer, solicitation or recommendation to any person or class of person to buy any of the securities or class of securities referred to in the Services. CyberX accepts no liability for any loss or damage arising out of the use of the Content through the Services. The Content may include inaccuracies or errors and CyberX and its Data Providers reserve the right to periodically make changes to the information or data provided. While periodically updated data feeds (including price or other information feeds (if any)) are generally believed to be timely and accurate, CyberX cannot and do not make any representation or warranty as to its accuracy or completeness. Insofar as permitted by law, we disclaim all warranties, representations and obligations of any type, express or implied, including any warranty of merchantability or satisfactory quality, any warranty of fitness for a particular purpose, any warranty of continuous services at any particular time, or integrity of data stored or transmitted via the Services, any representation of any kind that this website will be accessible to any particular standard or be free from any bugs, errors or remain unaffected by viruses or other similar features affecting the performance of the Services, and further disclaim any and all liability for negligence and lack of reasonable care. We shall not be liable for any indirect, incidental, special, consequential loss or damage, including but not limited to exemplary or punitive damages, or any loss of business, profits or revenues, whether incurred directly or indirectly, or business interruption, or reputation harm, or any loss of information, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services including any Content; (b) the provision of the Services including any Content; or (c) the conduct, actions or omissions of the users of the Services or any businesses, advertisers or other third parties listed or featured on the Services, even if we have been advised of the possibility of such damages. However, nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence. Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services. You understand and agree that your access to or use of our Services is predicated upon your waiver of any right to sue us directly or to participate in a class action suit or class-wide arbitration for any loss or damage resulting from your access to or use of our Services.
Without prejudice to any of our other rights and remedies, you agree to indemnify, defend and hold us harmless from and against all losses, damages, claims, charges, expenses and costs (including legal costs on a full indemnity basis) sustained, incurred or suffered by us in relation to or arising out of (a) your access to or use of the Services including any Content; (b) any breach or violation of any of these Terms by you; and/or (c) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
We reserve the right, at our sole discretion and without notice, to terminate, ban, block, suspend or prevent your access to or use of the Services (or any part thereof) at any time for any reason whatsoever. Such right shall be without prejudice to any of our other rights and remedies. You may terminate your Account and stop accessing or using the Services at any time. All provisions of these Terms which by their nature are intended to survive termination shall remain in full force and effect following the termination of these Terms including, but not limited to, the provisions relating to ownership rights, disclaimer of warranties and liability, indemnity, governing law and dispute resolution.
Our Services are owned by us in Hong Kong or such other jurisdiction where our subsidiaries, affiliates or related companies are incorporated. We make no representation that our Services are available or appropriate for use outside of Singapore or other applicable jurisdiction. If you choose to access or use our Services, to do so shall be at your own risk and you shall be solely responsible for compliance with local and international laws applicable in such location, if and to the extent such laws are applicable. Any access to or use of our Services is prohibited where it is not allowed by law. Our Services are hosted in the United States. You consent to having your personal information, including your User Content, transferred to and processed in the United States or such other jurisdiction where our servers may be located. You also acknowledge that your purchase of and access to and use of the Services and the Content may be subject to local and international laws applicable in the United States or such other jurisdiction where our servers may be located, and it shall be your sole responsibility to ensure that you purchase, access or use the Services and the Content only in compliance with such applicable laws.
In case any provision in these Terms shall be, or at any time shall become invalid, illegal or unenforceable in any respect under any law, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provisions of these Terms. No exercise or failure to exercise or delay in exercising any right, power or remedy vested in us under or pursuant to these Terms shall constitute a waiver by us of that or any other right, power or remedy. These Terms shall be governed by and construed in accordance with the laws of Singapore.