TERMS & CONDITIONS
Welcome to the CYKXINCORP Internet Group of Companies (the "websites") comprising of cykxincorp.com, Cykxtees, raybuttigieg.com, Orbit USA, cykx.com, Vampyre, LogoLinks, Digital Mall, Funhouse NYC. Once you (the "user") get on one of our websites you will have access to all of the group of websites. Your use of the websites hosted and operated by CYKXINCORP Internet Group of Companies and/or its various affiliates and subsidiaries (referred to herein as "we", "us", or "our") is subject to the following terms and conditions.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in this site are the copyrighted property of CYKXINCORP, or our subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to CYKXINCORP or our affiliates. No material from this/these website(s) or any Internet website owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (A) you keep intact all copyright and other proprietary notices, (B) you make no modifications to the materials, (C) you do not use the materials in a manner that suggests an association with any of our products, services, or brands. For purposes of these terms, the use of any such material on any other website or computer environment is prohibited. All trademarks, service marks, trade names and brands are proprietary to us. All rights are reserved, and ownership of copyright and other proprietary rights may belong to their respective owner(s).
As users and costumers as well as potential costumers your input and comments regarding our products and services are always welcomed and truly appreciated. While we do value your feedback on our products and services, we request that you be specific in your comments on those products and services, and not submit any creative ideas, suggestions, or materials.
Unfortunately, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our design and creative staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork.
If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "submissions"), the submissions shall be deemed, and shall remain, our property. None of the submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or e-mail function offered as part of this/these website(s). If you participate in any Forum within the website(s), you must not defame, abuse, harass or threaten others; nor make any hateful, bigoted or racially offensive statements. User shall not advocate illegal activity or discuss illegal activities with the intent to commit them; neither advocate post or distribute any material that infringes and/or violates any right of a third party or any law, post or distribute any vulgar, obscene, discourteous or indecent language or images. User also shall not use the Forum for commercial purposes of any kind, advertise, solicitation or selling of goods or services is strictly prohibited. Finally, user shall not post or distribute any software or other materials which contain a virus or other harmful component; or post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
Portions of this/these website(s) may allow users to post their own material. Materials posted by users do not necessarily reflect our views. By posting materials on this/these website(s), you represent that you have all necessary rights in and to such materials and that such materials will not infringe on the personal or proprietary rights of any third parties, nor will such materials be defamatory, unlawful, threatening, obscene or otherwise objectionable.
We reserve the right, at our sole discretion, to review, edit or delete any material posted by users on any forum at any time and for any reason which we deem defamatory, unlawful, threatening, obscene or otherwise objectionable. Notwithstanding the foregoing, we expressly disclaims any responsibility or liability for any material communicated by third parties through this/these website(s).
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
CONTENT LINKING TO WEBSITE(S)
While the Internet is a frontier of information explorations, you must still exercise discretion while browsing the Internet using this/these website(s). You should be aware that when you are on our website(s), you could be directed to other websites that are beyond our control. There are links to other websites from this/these website(s) pages that take you outside our service. For example, if you "click" on a banner advertisement or a search result, the "click" takes you off this/these website(s). This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the website(s) may send cookies to users that we do not control.
We do not condone the practice "deep-linking" (i.e., the practice of bypassing the homepage of a website, without the website owner's consent, in order to link directly to text displayed "deep" within the website). We reserve the right to disable any deep links from other websites into our website(s).
COPYRIGHTS & TRADEMARKS
All materials on this/these website(s) are the copyright of CYKXINCORP or are reproduced with permission from other copyright owners. All rights are reserved. The materials on this website(s) may be retrieved and downloaded solely for personal use only.
The marks of trademarks, service marks or trade names and other logos and product and service names as referred to on this/these website(s) are copyrighted trademarks or registered trademarks of CYKXINCORP and subject to protection by laws under the United States of America or other countries, or laws protecting trademarks, copyrights or proprietary information. Without our prior permission, you agree not to display, copy, modify, publish, broadcast or otherwise distribute or use in any manner, the CYKXINCORP Internet Group of Companies ("Marks") or materials and/or any other names of products and services on (the "websites"). Any unauthorized use of those trademarks is strictly prohibited.
THE CONTENTS AND MATERIALS WITHIN THE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS AND MATERIALS ON THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT AND MATERIALS ON THE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, materials, or availability of information found on websites that link to or from this website(s). We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party websites that link to or from the website or third party content on our websites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or their content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You are entirely responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR CONTENT, MATERIALS OR FUNCTIONS ON THE WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts located in New York, United States of America and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.