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Policy

Privacy Policy

Welcome to the Cyphr website.  Protecting your personal privacy is important to Cyphr (“we,” “us,” or “Cyphr”).  The purpose of this Privacy Policy is to help you understand how Cyphr collects, uses and safeguards the information you provide to us.  This Privacy Policy applies only to the website located at https://www.cyphr.studio (the “Site”), and not to any other website or service.

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By using or accessing the Site, you signify your agreement to be bound by this Privacy Policy.  IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

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Personally Identifiable Information That We Collect

Cyphr will not collect personally identifiable information from you unless you voluntarily provide it to us.  Personally identifiable information may include your name, email address, physical address and other information that specifically identifies you. Cyphr also will not sell your personal information to third-parties.

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Non-Personal or Aggregate Information That We Collect

When you access the Site, we may automatically collect non-personally identifiable information from you (through cookies and other methods), such as IP address, web pages viewed, browser type, referring service, usage and browsing habits on the Site, and similar data. 

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Information Use

We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

  • We may use your personally identifiable information to respond to your inquiries or requests.
  • We may use your personally identifiable information to send emails from time to time, but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or if you provide your consent.
  • We may permit our vendors and subcontractors to access your personally identifiable information, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
  • We may disclose personally identifiable information as required by law or legal process.
  • We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our clients.
  • We may transfer your personally identifiable information in connection with the sale or merger or change of control of the Site, Cyphr or the division responsible for the services with which your personally identifiable information is associated.
  • We may share your personally identifiable information with an affiliate of Cyphr who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.
  • Non-personally identifiable or aggregate information may be shared with any number of parties, provided that such information shall not specifically identify you.‍

Client Data

We provide services for our clients, and may collect and process information about individuals at the direction of our clients (“Client Data”). Our processing of Client Data is governed by the terms of our service agreements with our clients, and not this Privacy Policy. We are not responsible for how our clients treat the information we collect on their behalf, and we recommend you review their own privacy policies. Cyphr acknowledges that you may have rights in connection with Client Data. If your information has been processed by Cyphr on behalf of a client and you wish to exercise any rights you have with such information, please inquire with our client directly. If you wish to make your request directly to Cyphr, please provide the name of the Cyphr client on whose behalf Cyphr processed your information. We will refer your request to that client, and will support them to the extent required by applicable law in responding to your request.

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Security

We take appropriate commercially reasonable physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.  Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect and we cannot promise, and you should not expect, that your information will be secure in all circumstances

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Rights and Choices for California Residents

The California Consumer Privacy Act  of 2018 (“CCPA”) and the California Privacy Rights Act of 2023 (“CPRA”) provides California residents with specific rights regarding their personal information. This section describes your CCPA and CPRA rights and explains how to exercise those rights.

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Right to Know

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months  (“the Right to Know”). Once we receive your request and confirm your identity, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of personal information that we disclosed about you for a business or commercial purpose and an explanation of the business or commercial purpose that the personal information was used for.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also known as a data portability request).

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us to:

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities,  to the extent that the use of your personal information is reasonable and proportionate for these purposes;
  • Debug to repair and identify and repair errors that impair functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code §1546 et. seq.);
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with a legal obligation; and
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and direct any of our service providers to take similar action.

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Correct Inaccurate Personal Information

You have the right to request that we correct any potential incorrect personal information that we may have about you.

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Exercising Your Rights

To exercise your rights to know or delete described above, please submit a request by either:

  • Emailing Us at  hello@cyphr.studio

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information.

You may only submit a request to know twice within a 12-month period. Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

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Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please  contact us.

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We hope to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing, by mail or electronically.

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Upon verifying your request to delete, we will delete your personal information from our records, and notify any Service Providers or Contractors to delete your personal information. We will also notify any Third Parties that we may have shared the personal information with to delete it unless this proves impossible, involves disproportionate effort or the personal information is subject to one of the exceptions listed above.

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Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons that we cannot comply with a request, if applicable.

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We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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Non-Discrimination

We will not discriminate against you for exercising any of your CCPA or CPRA rights.

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Other California Privacy Rights

California’s “Shine the Light” law (Civil Code §1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make a request please send an email to hello@cyphr.studio.

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Children

We do not intentionally collect personally identifiable information from children under the age of 13.  When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

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Third-Party Links

The Site may link to websites operated by third parties that we do not control.  We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We strongly encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices.

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Changes to this Privacy Policy

We reserve the right, at our discretion, to change, modify, add or remove portions from this Privacy Policy at any time.  However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Site following the posting of any changes to this Privacy Policy means you accept such changes.

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Site Terms of Use

Use of the Site is governed by and subject to the Terms of Use posted on the Site.  This Privacy Policy is incorporated into such Terms of Use.

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Contact Information

If you have any questions regarding this Policy, contact Cyphr at hello@cyphr.studio.

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Effective Date

This Privacy Policy was last updated on October 11,2024.

CYPHR COOKIE NOTICE

Effective Date: October 11, 2022

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THIS COOKIE NOTICE DESCRIBES THE DIFFERENT TYPES OF COOKIES AND SIMILAR TECHNOLOGIES USED ON THE CYPHR WEBSITE FROM WHICH YOU ARE ACCESSING THIS POLICY (THE “SITE”). THIS POLICY PROVIDES YOU WITH INFORMATION ABOUT HOW WE USE COOKIES AND HOW YOU CAN CONTROL THEM.

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We can change this Cookie Notice at any time. The “Effective Date” at the top of this page indicates when this policy was last revised. Any changes will become effective when we make the revised Cookie Notice available on the Site.

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1. What are cookies and similar technologies?

Cookies are a standard feature of websites that allow us to store small amounts of data on your computer about your visit to the Site. We use cookies to perform many different functions. For example, cookies: 

  • Help us learn which areas of the Site are useful and which areas need improvement;
  • Allow us to remember you and your preferences when you return to the Site and otherwise improve your experience; 
  • Help us to serve online advertising to you that is relevant to your interests; and
  • Measure the effectiveness of our online advertising and marketing communications.

We also use technologies similar to cookies, such as Flash Local Shared Objects (also known as Flash cookies) and pixel tags (also known as web beacons and clear GIFs), for similar purposes.

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2. What types of cookies do we use?

Below we list the different types of cookies and similar technologies used on the Site.

  • Strictly Necessary Cookies. These cookies are required for the Site to function. They are used to ensure the safety, security, and integrity of the Site, as well as to enable users to move around the Site and use its features. Without these cookies, the Site will not perform as smoothly for you as we would like it to, and we may not be able to provide the Site or certain features of it. These cookies are often session-specific, which means they expire after your visit to the Site has ended. These cookies cannot be disabled. 
  • Functionality Cookies. These cookies allow the Site to recognize you when you return, as well as to remember choices you made (such as your name, language, or region), so it can provide more personal features. These cookies will typically remain on your device until you choose to clear them. They cannot be disabled. 
  • Analytics Cookies. These cookies collect information about your use of the Site and enable us to improve the way it works. For example, analytics cookies show us which are the most frequently visited pages on the Site, help us record any difficulties you have with the Site, and show us whether our content is effective. This allows us to see overall patterns of Site use, rather than the use of a single person. We use the information to analyze Site traffic, but we do not examine this information for individually identifying information. These cookies may be set by us or by third parties, and they typically stay on your computer until you delete them (see below). 
  • Advertising Cookies. These cookies are set by us and by third parties and collect information about your activities on the Site and other websites to provide you with advertising (both on the Site and on other websites and online services) that is targeted based on your inferred interests. They can also be used to limit the number of times you see a particular ad. These cookies typically stay on your computer until you delete them (see below).
  • Social Media Cookies. These cookies are set by social media services and track you across the Site and other websites, in order to build a profile of your interests. This affects the content and messages you see on other websites. 

3. How can you manage your cookie preferences?

You can stop certain types of cookies from being downloaded on your computer by selecting the appropriate settings on your web browser. Most web browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting http://www.allaboutcookies.org. If you choose to delete or disable cookies and similar technologies, your experience on the Site may be diminished, and some features may not work as intended. 

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If you have any questions, please use the following contact details: 

Email: hello@cyphr.studio

Terms of Use

THE FOLLOWING TERMS OF USE GOVERN YOUR ACCESS AND USE OF THE WEBSITE LOCATED AT HTTPS://WWW.CYPHR.STUDIO (THE “SITE”). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO THE WEBSITE. BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THIS TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

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These Terms of Use may be amended by Cyphr, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Site, you will be deemed to have accepted such amendments. You are advised to check this page from time to time so you are aware of any changes, as they are binding on you. Cyphr reserves the right to discontinue or make changes or updates with respect to the Site at any time without notice.

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Privacy Policy

Personal information provided through this Site shall be used in accordance with Cyphr’s Privacy Policy. These Terms of Use are subject to the Privacy Policy as posted on this Site.

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Copyright and Trademarks

You acknowledge that all content on this Site, including the design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Site, and the selection and arrangement thereof (collectively, “Content”), are the property of Cyphr, its licensors or other third parties, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Cyphr or the respective intellectual property rights owner. Cyphr authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The Cyphr name, logos, product and service names, designs, and slogans are trademarks of Cyphr. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site, are the sole property of Cyphr, its licensors and/or third parties and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of the respective intellectual property rights owner.

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Links to Third Party Websites

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. Cyphr does not control or endorse any such third party websites. You agree that Cyphr and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. Cyphr expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Cyphr recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

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DMCA Take-Down Procedure

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied by Cyphr-produced material and posted on the Site in a way that constitutes copyright infringement, please provide Cyphr’s copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Cyphr’s copyright agent for notice of claims of copyright infringement can be reached as follows:

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Cyphr
Email: hello@cyphr.studio

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Cyphr, however, is not providing or hosting any of the Third Party Content found on the Site; rather, third parties are providing and hosting such Third Party Content found on the Site. If you believe that your work has been copied by the Third Party Content and posted on the Site in a way that constitutes copyright infringement, please review the DMCA Take-Down Procedures established by the Third Party Content provider that hosts such material (such as YouTube or Twitter). The Third Party Content providers may be able to address your concerns, including the removal of your material from the Site.

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Cyphr suggests that you consult your legal advisor before filing a notice with Cyphr’s or the Third Party’s copyright agent. You should be aware that there can be penalties for false claims under the DMCA.

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No Unlawful or Prohibited Activity

As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to:

  • Use the Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
  • Use the Site In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Cyphr reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Site.

S, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS,

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‍Disclaimer of Warranties

Cyphr strives to provide accurate and up-to-date material on the Site. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We make no warranties or representations as to the accuracy or timeliness of the Content on this Site.

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YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cyphr EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Cyphr MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENT OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

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SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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Disclaimer of Damages and Limitation of Liability

NEITHER CYPHR NOR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CYPHR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST CYPHR AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CLIENTS, VENDORS, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

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Indemnification and Release

You agree to indemnify, defend and hold harmless Cyphr and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

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Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. Cyphr makes no representations that the material and information on this Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in such courts for the purposes of any action relating to this Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

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International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside.

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Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

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No Waiver

The failure of Cyphr and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit Cyphr's right thereafter to insist upon strict adherence to that term or any other provision of.