Terms

of Use

Welcome to cybercenter.nyc (“Website“).


The Website is owned and operated by SOSA USA LLC (“SOSA“, “we“, “our“, or “us“).


Read carefully the following terms of use (“Terms“), together with our Privacy Policy , both serve as integral parts of the Terms, because they constitute a binding agreement between you, the individual or entity accessing or using the Website, and SOSA.


By accessing the Website or by using it in any other manner, you signify your acceptance of the Terms. If you do not agree to the Terms, you may not access or use the Website.


Our Website and Services (as defined below) are not directed to individuals under the age of 18. If you are under the age of 18, you do not have authorization or permission to use the Website or access our Services.


If you have questions or comments about the Terms, feel free to contact us at: gcc@sosa.co


Our Services


SOSA operates a global cyber center connecting corporations, governments and cities to innovative technologies and ecosystems (collectively, “Services“).


SOSA’s services for business partners and tenants are subject to separate agreements. Therefore, these Terms govern only use of the Website in order to receive information and contact us about providing you with the Services or other potential business relations.


In addition, and subject to the Terms, we may offer you content on the Website, including, without limitation, SOSA’s newsletter.


Termination


We can suspend or terminate your rights to use the Website or Services, at any time, at our sole discretion and without prior notice, if we believe that you have breached the Terms. Any termination of your subscription may involve the deletion of your information from our systems.


Grant of Right


Subject to the Terms, we grant you a worldwide, limited, non-exclusive, revocable, non-transferable right to use the Website. You may use the Website’s tools and features that we make available for their intended purpose only.


Links


The Website contains links to other websites, information, and content provided by third parties. We do not operate or monitor these websites and content. You may find these websites, or the information and content posted therein, not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.


By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility for such third-party websites or content, or their availability or any transactions made between you and such third-party websites.


Accordingly, we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third-party websites or content.


Website’s Changes and Availability


We may from time to time change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice.

Changes of this character, by their very nature, may result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.


Website’s Operation


We will make commercially reasonable efforts to run the Website efficiently and accessible at all times, subject to our right to discontinue, temporarily or permanently, the operation of the Website, or any part thereof, or block, remove or delete any content from the Website at our sole discretion and without prior notice.


However, the Website’s operation is dependent upon various factors such as software, hardware, and communication networks. By their nature, these factors are not fault-free.


Accordingly, we do not warrant that the Website will operate in an uninterrupted or error-free manner, or that it will always be available, free from all harmful components, or that at all times it will be completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to, hardware failures, software failures, and software communication failures, originating either in us or any other service provider.


For the sake of clarity, such incidents and activities will not be considered a breach of the Terms.


Unacceptable Use


You may not access or use the Website or Services –


  • for or in connection with any activity that constitutes or encourages conduct that would –
  1. constitute a criminal offense;
  2. give rise to civil liability;
  3. violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices; or,
  4. provide us with content that: (a) are pornographic, sexually explicit or violent; (b) reasonably likely to cause harm or could be reasonably considered as slanderous or libelous; (c) are defamatory of any person, obscene, promotes discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age; (d) infringe any copyright, design right, database right or trademark of any other person; (e) are likely to deceive any person, breach any legal duty owed to a third party, or promote any illegal activity.


  • to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity, and intellectual property rights; software viruses, trojan horses, worms and any other malicious application to computers and networks; and,


  • to develop or create a similar or competitive website or service to the Website or Services.


In addition, you may not use the Website for any commercial or business purpose that is not expressly permitted by the Terms, including, but not limited to, providing the Website or Services to third parties by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning, mirroring, redistributing or displaying the Website, Services or any part thereof, without our prior written and explicit permission. Without limiting the aforesaid, you may not –


  • modify any material or content that we make available on the Website, except as expressly permitted under the Terms;


  • engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Website;


  • interfere with, burden or disrupt the functionality of the Website;


  • circumvent, impair or manipulate the operation of the Website;


  • work around or circumvent any technical limitations in the Website or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;


  • embed, frame or otherwise link directly to the Website, from any other webpage, application or other resources, without our prior written permission;


  • engage in any false, misleading or deceptive acts or practices involving the Website or your identity, agency or affiliation with any person or entity; and,


  • breach the security of the Website, or any network or server used by the Website.


To the maximum extent permitted by law, we may at any time, at our sole discretion and without prior notice, delete or modify any material from our Website and servers, in whole or in part.


Your Rights


We respect your rights. For example, we recognize that in some countries, you may have legal rights as a consumer. If you are using the Website or Services for a personal purpose, then nothing in the Terms limits any consumer legal rights which may not be waived by contract.


Accordingly, if you believe that your rights are abused on our Website or Services, you may contact us at: gcc@sosa.co. We may ask you to provide us with additional information to process your complaint. We will make commercially reasonable efforts to review your complaint and respond promptly. Note that we will not respond to anonymous complaints.


Your Subscription


Subject to our Privacy Policy, if you provide us with information, you must fully and accurately provide such information, as requested by us, and promptly update such information, where needed.


You need to cooperate with us, including by providing us with relevant information we may request to provide you with the Services.


For the sake of clarity, you are solely responsible for the accuracy, appropriateness and lawfulness of all information and content you provide us.


Correction of Errors


We make commercially reasonable efforts to ensure the reliability and availability of the Website. However, errors, mistakes, and malfunctions may occur from time to time. Please help us to maintain a high level of service by contacting us at: gcc@sosa.co about any potential errors, mistakes, and malfunctions.


Intellectual Property


Unless expressly stated otherwise by us in writing, all content, information and materials available on the Website are SOSA’s sole property or licensed to SOSA by third parties.


We do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses concerning the Website, and we reserve all rights not expressly granted in the Terms.


For the sake of clarity, and without limiting the above said, the Website’s trademarks (whether registered or not), domain names, and copyrights, as well as SOSA’s name and logo, are SOSA’s sole property. You may not use them, or any confusingly similar mark or text, without our prior express written consent.


We will use content that you share with us through the Website for the following purposes: (i) addressing your request; (ii) improving our Website and Services; or, (iii) legal defense, where applicable.


DISCLAIMER OF WARRANTY


YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND SERVICES ARE PROVIDED FOR USE “AS IS”, WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR BEING UP TO DATE.


ANY USE OF THE WEBSITE AND SERVICES ARE AT YOUR SOLE RISK.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES CONCERNING THE WEBSITE AND SERVICES, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE WEBSITE AND SERVICES OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.


NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE WEBSITE AND SERVICES, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THE TERMS, WILL BE DEEMED TO BE A WARRANTY BY US FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF US WHATSOEVER.


LIMITATION OF LIABILITY


WE, AND OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,  OR CONSEQUENTIAL DAMAGE, OR ANY OTHER SPECULATIVE DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OR MATERIAL ORIGINATING FROM THIRD PARTIES, OR ANY COMMUNICATION WITH US OR WITH OTHER USERS IN CONNECTION WITH THE WEBSITE – WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.  OUR MAXIMUM TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES DIRECTLY SUFFERED BY YOU RESULTING FROM USE OR INABILITY TO USE THE WEBSITE SHALL NOT EXCEED ONE-HUNDRED US DOLLARS ($100.00) 


INDEMNIFICATION


YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON OUR BEHALF FROM AND AGAINST ANY CLAIMS, DEMANDS, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT), PAYMENTS OR EXPENSES, INCLUDING LEGAL EXPENSES AND ATTORNEY FEES, THAT WE INCUR IN CONNECTION WITH YOUR BREACH OF THE TERMS OR ANY UNLAWFUL OR TORTUOUS ACTION OR INACTION BY YOU OR ANYONE ON YOUR BEHALF CONCERNING THE WEBSITE AND SERVICES.


Changes and Additions


We may change the Terms to meet technical, operational and legal requirements. We will post a notice about changes made to the Terms on the Website or via email (the “Notice“).


Unless required otherwise to comply with applicable laws, rules, regulations, and agreements, all minor changes (which have minor, if any, consequences) will take effect 7 days after we post or send the Notice, and substantial changes will be effective 30 days after post or send the Notice.


We may modify, enhance, or improve the Website and Services, and may accordingly offer additional tools and features. Such additional tools and features may be governed by additional or different terms, as provided by us, where applicable.


Governing Law and Jurisdiction


The parties will make good faith efforts to resolve the dispute between them amicably. If such direct talks fail to resolve the dispute, each party may initiate an alternative dispute resolution (“ADR“) process with an established ADR service provider.


You and we will agree on the identity of the ADR service provider and the dispute will be conducted in English, only by written submissions through e-mail correspondence or other electronic communications, or through telephone or video conversations and without the need for personal appearance. The ADR process shall be conducted in New York County, New York via a single arbitrator or referee, to be selected by the parties as per the ADR service provider’s rules for such selection.  Any judgment on the award rendered by the ADR provider may be entered in any court of competent jurisdiction.  You hereby waive your rights to a jury trial in connection with resolving any dispute between you and us.  


Entire Agreement


The Terms, which also include our Privacy Policy, constitute the entire agreement between you and SOSA.


The Terms supersede any agreements, negotiations, and understandings, whether written or oral, and no waiver, concession, extension, representation, alteration, addition or derogation from the Terms will be effective unless expressly stated otherwise by us in writing.


Assignment


We may assign or transfer our rights or obligations under the Terms to any third party, provided, however, that your rights under the Terms are not compromised by such assignment or transfer.


You may NOT assign or otherwise transfer your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment or transfer by you will be null and void, unless expressly stated otherwise by us in writing.


Interpretation


The paragraph headings herein are intended solely for the purpose of orientation and reading convenience and will not be used for interpretation purposes.


Severability


If any provision of the Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of the Terms will remain in full force and effect, to the maximum extent.


Last Updated: January 27, 2020.

Effective Date: January 27, 2020.