Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Toughbyte, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Toughbyte of any unauthorized uses of your account or any other breaches of security. Toughbyte will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you use the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Meetabit for inclusion on the Website, you grant Toughbyte a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and promoting your account, community or event. If you delete Content, Toughbyte will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Toughbyte has the right (though not the obligation) to, in Toughbyte’s sole discretion (i) refuse or remove any content that, in Toughbyte’s reasonable opinion, violates any site policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Toughbyte’s sole discretion. Toughbyte will have no obligation to provide a refund of any amounts previously paid.
Toughbyte has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, we do not represent or imply that it endorses the material there posted, or that we believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Toughbyte disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Toughbyte have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which meetabit.com links, and that link to meetabit.com. Toughbyte does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Toughbyte does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Toughbyte disclaims any responsibility for any harm resulting from your use of websites and webpages linked to from meetabit.com.
As Toughbyte ask others to respect their intellectual property rights, we respects the intellectual property rights of others. If you believe that material located on or linked to by meetabit.com violates your copyright, you are encouraged to notify Toughbyte in accordance with the Digital Millennium Copyright Act Policy. Toughbyte will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Toughbyte or others, Toughbyte may, in their discretion, terminate or deny access to and use of the Website. In the case of such termination, Toughbyte will have no obligation to provide a refund of any amounts previously paid to Toughbyte.
This Agreement does not transfer from Toughbyte to you any Toughbyte or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Toughbyte. Toughbyte, meetabit.com, the meetabit.com logo, and all other trademarks, service marks, graphics and logos used in connection with meetabit.com, or the Website are trademarks or registered trademarks of Toughbyte. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Toughbyte or third-party trademarks.
Toughbyte reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Toughbyte may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Toughbyte may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your meetabit.com account (if you have one), you may simply discontinue using the Website. Toughbyte can terminate the Website immediately as part of a general shut down of the service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Toughbyte and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Toughbyte nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Toughbyte, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Toughbyte under this agreement during the twelve (12) month period prior to the cause of action. Toughbyte shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Toughbyte, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Toughbyte and you concerning the subject matter hereof, and they may only be modified by the posting by Toughbyte of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Helsinki, Finland, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Helsinki, Finland. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Helsinki, Finland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Toughbyte may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Toughbyte operates meetabit.com. It is our policy to respect your privacy regarding any information we may collect while operating its websites.
Like most website operators, Toughbyte collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Toughbyte’s purpose in collecting non-personally identifying information is to better understand how its visitors use its website. From time to time, Toughbyte may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Toughbyte also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Toughbyte does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that we use and disclose personally-identifying information, as described below.
Certain visitors to meetabit.com choose to interact with it in ways that require Toughbyte to gather personally-identifying information. The amount and type of information that Toughbyte gathers depends on the nature of the interaction. For example, we asks visitors who sign up for an account at meetabit.com to provide an email address. In each case, Toughbyte collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with meetabit.com. Toughbyte does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Toughbyte may collect statistics about the behavior of visitors to its websites. Toughbyte may display this information publicly or provide it to others. However, Toughbyte does not disclose personally-identifying information other than as described below.
Toughbyte discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Toughbyte’s behalf or to provide services available at Toughbyte’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Toughbyte’s websites, you consent to the transfer of such information to them. Toughbyte will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Toughbyte discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Toughbyte believes in good faith that disclosure is reasonably necessary to protect the property or rights of Toughbyte, third parties or the public at large. If you are a registered user of meetabit.com and have supplied your email address, Toughbyte may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with the site. We primarily use the blog to communicate this type of information, so we expects to keep this type of email to a minimum. If you send a support request via a support email, we reserves the right to publish it in order to help us clarify or respond to your request or to help us support other users. Toughbyte takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.