Last updated: February 15, 2019
This Agreement is entered into and is effective as of April 15, 2018 (the date it is posted on vebyte.com) by and between VeByte Inc. (referred to herein as “Company”), and user of vebyte.com and/or profriend.net (referred to herein as “User”), for the purpose of using vebyte.com website, profriend.net website and related components (referred to herein as “Web Site”). It is understood that User who is also a client of VeByte Inc. is referred to herein as “Client”. This Web Site is the property of VeByte Inc. This Agreement shall commence on the date it is posted or the date the User uses the Web Site. BY USING THIS WEB SITE, YOU (THE “USER”) AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE (REFERRED TO HEREIN AS “AGREEMENT”). IF YOU, THE USER, DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE VEBYTE INC. WEB SITE.
COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF COMPANY’S WEB SITE OR OF SOFTWARE, WHETHER MADE BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR OTHERWISE WHICH IS NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY COMPANY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF COMPANY WHATSOEVER. IN NO EVENT SHALL COMPANY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND CONTRACTORS) BE LIABLE TO USER, ITS SUCCESSORS OR ASSIGNS, OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO USE OR OPERATE THE WEB SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B.) Under this Agreement, Company owns all Intellectual Properties right (Copyright, Trademarks, Patents, Trade Secrets, etc…). Contents and/or materials on this Web Site are either the properties of Company, or used with permission by Company. User agrees that Company only grants User limited license for the purpose of viewing materials contained in this Web Site and for the purpose of using this Web Site only. And Company reserves the right to cancel this limited license at any time at the sole discretion of Company and/or for any reason Company finds suitable.
C.) No transfer of right, title, or interest to ownership of the Intellectual Properties (Copyright, Trademarks, Patents, Trade Secrets, etc…) produced by Company occurs and all right, title, and interest remains in Company.D.) Any use of Company’s Intellectual Properties requires permission in writing from Company. You, the User, may not license, sublicense, reuse, publish, distribute, sell any materials on Company’s Web Site. Please contact us for guidelines for the proper use of Company’s Intellectual Properties.
E.) Any contents and/or materials you, the User, submit on Web Site during our communication are considered as non-confidential and non-proprietary, except contents and materials covered in Company’s Privacy Policy. Please do not submit to Company unsolicited ideas, contents and/or materials. Any unsolicited ideas, contents and/or materials become the property of Company with no restriction for Company to use.F.) It is understood that all trademark claims by Company on Web Site refer to ownership of trademarks claimed by VeByte Inc. in connection to Company’s services on computer technologies. They include:
1. the VeByte™ word mark.
2. the VeByte logo™
i) with the design that includes two short vertical bars(tilted to the left side at a slight angle) followed by the capital “V” character. From left to right, the first vertical bar has a slightly narrow shape, and the second vertical bar has a slightly wider shape. The first vertical bar, the second vertical bar, and the left line segment of the capital “V” character are parallel to each other only.
ii) The “V” character is displayed together with the two vertical bars in a way where VeByte Inc. services are meaningful to clients, users and other people to feel as it is going from left to right with speed. And where the two vertical bars represent trailing byte from the “V” character.
3. the Speed Excellence™ word mark.
4. the Let's Speed To Excellence!™ word mark.
5. the VeByte Engineering™ word mark.
6. the ProFriend™ word mark.
7. the Pro-V-Lance™ word mark.
8. the Low Cost Services on the Net!™ word mark.
9. the SuperGineer™ word mark.
i) for Software Engineering, Web Development, and other computer technologies.
10. the iNovay™ word mark.
i) for Research & Innovation with academia and the industry.
G.) Company Materials: “Company Materials” are (i) the software and programming scripts used in the design, development, and implementation of any Deliverable and (ii) any content purchased or created by Company to appear on the Web Site and/or other computer platform. Company shall remain the sole and exclusive owner of all Company Materials. User acknowledges that Company is in the business of software engineering, designing, and licensing its services and computer technologies for software and computer systems with some aspect related to transportation and/or mobility, or similar to the services posted and/or described on the Web Site. And accordingly Company will be providing to third parties services and/or products similar to the services provided to User and/or Client, and will be using Company Materials in providing such services and/or products. Nothing in this Agreement shall preclude Company from developing, using, or marketing Company Materials to other users, prospects and clients.
A.) Severability: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
B.) Notice: User agrees that only Company and/or its designated agent(or entity) may update, amend, modify, change and/or replace this agreement on the Web Site at any time without notice to User. By using, accessing, and/or operating Web Site, User agrees to review the terms on a regular basis. By continuing to use, access and/or operate Web Site, User agrees to be bound by all the terms and conditions of this Agreement.C.) Amendment: User agrees this Agreement may be amended or modified at any time only by Company and/or its designated agent(or entity). And the new Agreement shall become effective on the date it is posted on the Web Site.
D.) Services: It is understood that all services listed on Web Site are for commercial purposes. This means that User and/or Client agrees Company’s services and/or its contractors and partners are based on fees to be paid by Client where a Service Agreement and/or License Agreement must be approved by both Parties before any work and/or licensing is to begin. It is understood that User and/or Client meet the legal age limit in order to use Web Site and/or Company’s services. If you, the User, are under the legal age limit, please do not use Company’s Web Site and services. User agrees the services posted and/or described on Web Site, including these Terms Of Use (referred as “Agreement”), are NOT an agreement between Company and User for the purpose to begin any work or services for User and/or for Client. The Service Agreement (for services) and License Agreement (for licensing) are not the same as the Terms Of Use (for the use of Web Site).E.) Privacy Policy: Users’ privacy is one of Company’s main priorities. Company follows a standard policy of using log files, cookies, scripts, IP addresses and other analytical technologies to measure the effectiveness of our marketing and also for other needs, such as to keep Web Site up and running. Company’s Privacy Policy does not extend to third parties’ privacy policy, and Company has no access to or control over third parties’ uses of these analytical technologies. Therefore, it is expected that User consults the privacy policies of third parties who may have links, servers, and/or other materials connected to Company’s Web Site. By using, accessing and/or operating Company’s Web Site, User agrees and consent to Company’s Privacy Policy and to its Terms and Conditions.
F.) Forum and Governing Law: Any dispute arising under or in connection with this Agreement or related to any matter which is the subject of this Agreement shall be governed by and construed in accordance with the substantive laws of Massachusetts, without regard to its conflict of laws provisions, and shall be decided solely and exclusively by state and/or federal courts located in Massachusetts.G.) Laws Affecting Electronic Commerce: From time to time, governments enact laws and levy taxes and tariffs affecting internet electronic commerce. Client agrees that Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, indemnify, protect, and defend Company, its officers, directors, agents, employees, contractors, successors, and assigns from any claim, suit, penalty, levy, tax, or tariff arising from Client’s exercise of internet electronic commerce. Further, Client shall be responsible for any sales, use, value-added or other taxes payable in connection with the services rendered hereunder.
H.) Entire Agreement: This Agreement, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the Parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written.