2. WHO CAN PARTICIPATE AND PARTICIPATION BENEFITS
To participate in the Cyberghost Community you must be above 18 years old and you must register in the website by providing an email, a username and a password along with the code provided to you by Cyberghost S.A (“Cyberghost”).
Your active participation in the Cyberghost will be rewarded in accordance with the terms of each test campaign. Please review the homepage to see the rewards available for the test campaign you are participating in.
In order to actively participate, in case you are so selected, you will be given a limited license to use the Cyberghost products solely for testing and evaluation purposes and only in connection with the Cyberghost Community. Please review the Tasks area to see, the tasks required from you in relation to the testing and review of the Cyberghost’s products. Please take the time to report any crashes, bugs and issues in our Bug Report Forum and to provide feedback, make suggestions and share your experience with the product in our Suggestion Forum.
In some cases, Cyberghost employees will contribute to the discussions. Cyberghost contributors, including moderators and system administrators, are clearly identified by the icon. These community users are all required to abide by the terms and conditions set out here.
3. WHAT CAN YOU POST ON THE CYBERGHOST COMMUNITY?
You can use the Forums available in the Cybergost Community website for reporting bugs, issues and problems you have come across in your use of the Cyberghost Products as well as to provide feedback and make suggestion for the improvement of the Cyberghost Products.
You agree that any feedback or ideas you provide to us regarding any of Cyberghost products or any suggested improvements thereto (together: the “Feedback”) will be the exclusive property of Cyberghost S.A.. To the extent you own any rights in the Feedback, you agree to assign and hereby do assign to us all right, title and interest in and to the Feedback. Cyberghost may use (or not use) any such Feedback in any manner and for any purpose, without compensation to you and without implying or creating any interest on your part in any of our products or services that may be based on such Feedback. You agree to perform all acts reasonably requested by us to perfect and enforce such rights. We will reimburse you for direct out of pocket costs incurred in complying with our requests.
We ask you to use your judgment when posting content: "is this a post that should appear in a community dedicated to discussing Cyberghost Products?". See clause 4 for an explanation of our policy on inappropriate information, which includes the advertising of third party products or services.
4. PROHIBITED INFORMATION AND RESTRICTIONS
You shall not post or otherwise provide any information that is unlawful or Cyberghost may regard to be inaccurate, false, fraudulent, obscene, offensive, defamatory or otherwise objectionable ("Prohibited Information").
Without limitation, the following list of items may reasonably be considered 'inappropriate' and postings containing such items are strictly prohibited:
- Profanity (including sexual or blasphemous swear words).
- Hateful language directed to (but not limited to) the following subject matter: race, ethnicity, nationality, gender, sexuality, disability, religion and/or political beliefs.
- Obscene or pornographic imagery or other offensive materials, irrespective of format or form (including links).
- Personal attacks on other visitors, Cyberghost employees and/or affiliates or moderators.
- Personal or otherwise (including commercially) sensitive information about Cyberghost, its employees and affiliates, or other forum visitors that may have been obtained through other channels (meetings, phone calls, emails, and so on). This includes personal details as well as details of pricing, discounts, margins, product availability and product roadmaps.
- Trolling or other forms of discussion disruption.
- Incitement to engage in, or encouragement of, any of the above
- You shall not use the Cyberghost Community and Cyberghost Products for the benefit of any third party other than as provided for herein, whether on a paid or unpaid basis.
- You shall not store, distribute or transmit through the Cyberghost Community any material that is illegal, unlawful or otherwise unethical.
- You agree to fully comply with all provisions of applicable data protection and privacy legislation.
- You shall not post any material that infringes any intellectual property rights (including but not limited to the following: copyright, trademarks, patent information, know-how, database rights, design rights and/or confidential information), and will not allow or authorize anyone to do any of the foregoing.
- You shall not to disclose or solicit the private information of any person, and you agree that you are fully responsible and liable for the use by third parties of any personal information that you disclose (whether or not such disclosure was permitted).
- Soliciting the purchase or sale of items related or unrelated to Cyberghost products, services or related technologies, is not acceptable.
- No Reverse Engineering. You shall have no rights to any source code for any of the software in the Cyberghost Products, except for the explicit rights to test the Cyberghost Product in accordance with the limited licence granted to you as provided herein. Except as otherwise permitted hereunder, this license does not grant you the right to use the Cyberghost Products for any other purpose, other than to test them in line with Cyberghost Community Tasks, or to disclose, reproduce, distribute, modify or create derivative works of the Cyberghost Products. You may not reverse engineer, decompile, modify, decrypt or disassemble the Cyberghost Products or otherwise reduce the software to human-perceivable form in whole or in part, except and only to the extent that such activity is expressly permitted by the terms and conditions of this Agreement or applicable laws. Unless otherwise provided herein, you certify that the Cyberghost Products will only be used for testing and evaluation purposes in line with the Cyberghost Community Tasks, and will not be rented, sold, leased, sublicensed, assigned, distributed or otherwise transferred. Cyberghost retains ownership of all Cyberghost Products, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Cyberghost intellectual property.
- You may not sublicense your rights hereunder.
Where Prohibited Information or other inappropriate content is brought to our attention, Cyberghost reserves the right to remove it, terminate the user’s access to the Cyberghost Community and the use of the Cyberghost’s products, but offers no guarantee that all such content will always be identified and removed.
Cyberghost relies on the help of community visitors to spot inappropriate content. Any visitor may alert the moderators to offensive material. Abuse of the alert system may also be grounds for a warning or for banning from future access.
You shall fully and effectively indemnify Cyberghost and any of its licensors for any claim or action that may arise as a result of your breach of clause 4 (Prohibited Information and Restrictions) including but not limited to: posting inappropriate material, breaching Intellectual Property rights, disclosure of personally or commercially sensitive information and/or solicitation for or use such material.
6. PASSWORD PROTECTION
Any and all logon identifiers and passwords provided hereunder are deemed Confidential Information of Cyberghost. You are responsible for maintaining the confidentiality of such logon identifiers and passwords and shall be fully responsible for all activities that occur under such logon identifiers and passwords. You agrees to (a) immediately notify Cyberghost of any unauthorized use of such logon identifiers or passwords or any other breach of security pertaining to the Cyberghost Community, and (b) ensure that you exit from your account at the end of each session. Cyberghost cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION ON THIS SITE AS WELL AS THE CYBERGHOST PRODUCT ARE PROVIDED 'AS IS' AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL CYBERGHOST BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (EXCEPT PERSONAL INJURY OR DEATH RESULTING FROM CYBERGHOST'S NEGLIGENCE) ARISING FROM YOUR USE OR INABILITY TO USE THE INFORMATION, OR FROM FAULTS OR DEFECTS IN THE INFORMATION CAUSED BY NEGLIGENCE OR OTHERWISE.
Cyberghost shall not be liable for any direct, indirect, special, incidental or consequential damage, whether in contract, tort or otherwise, arising out of any use of the Information.
Cyberghost gives no warranties, representations, conditions, undertakings or other obligations, whether express or implied by common law, trade usage, course of dealing or otherwise including any implied warranties of satisfactory quality or fitness for a particular purpose or any warranty that the Information will be complete or error-free or that such errors will be corrected are given, all of which are hereby excluded to the fullest extent permitted by law.
Portions of the Cyberghost Products may include third party software and other copyrighted material. Such third party software will be acknowledged as such in the software of the respective Cyberghost Product, along with the licensing terms. Cyberghhost shall have no responsibility with regard to the performance of such third party software.
You agree that you will:
- not disclose any Confidential Information to any third party, without the prior written consent of Cyberghost S.A;
- not use Confidential Information for any purpose other than the purpose(s) expressly authorized in writing by Cyberghost;
- not reproduce Confidential Information in any form except in accordance with these terms and conditions;
- not publish, reverse engineer, decompile, or disassemble any Confidential Information disclosed by Cyberghost;
- not directly or indirectly export or transmit any Confidential Information to any country to which such export or transmission is restricted by regulation or statute; and
- promptly, provide Cyberghost with notice of any actual or threatened breach of the these terms and conditions.
For the purposes of this clause, the term “Confidential Information” shall mean any and all technical, non-technical information, data, business operations, ideas and creative works belonging to Cyberghost (regardless of whether such information is protectable under copyright, patent or trademark and/or trade secret doctrine) including but not limited to copyright, trade secret and proprietary information, techniques, business forecasts, research, work in progress, program formats, projects, sales and marketing plans future development, personnel information and information relating to any research, work in progress, program formats, wireless business including but not limited to, all aspects pertaining to Cyberghost, whether in oral, written, graphic or electronic form.
APPLICABLE LAW AND COMPETENT COURTS
These terms and conditions are governed by the laws of England and the courts of England shall have non-exclusive jurisdiction to determine any dispute arising hereunder.
Relationship of Parties. The parties are independent contractors and will so represent themselves in all regards. Nothing herein shall be deemed to create the relationship of employer-employee, agency, joint venture or partnership between the parties or between either of the parties and any third party.
Entire Agreement. These Terms set forth the entire agreement of the parties and supersede all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof.
Amendments. Cyberghost reserves the right to modify these terms and conditions, and the policies of the Cyberghost Community and its products, from time to time, and to revoke your participation in this Cyberghost Community at any time. All changes to the terms and conditions of this Agreement, will be uploaded in the Cyberghost Community website.
Severability. In the event that a provision of the terms and conditions is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of the terms and conditions will continue in full force and effect.
No Waiver. The non-enforcement of any right or remedy with respect to a breach of any provision herein contained shall not be deemed to be a waiver of such rights or remedies, or of the enforcement of any rights or remedies with respect to any subsequent breach of the same or other provisions.
Conflict in Terms. In the event of any conflict or inconsistency between the terms and conditions of these terms and conditions and any License Agreement of the Cyberghost Products, the terms of these terms and conditions shall prevail.