Terms of Use
This is a legally binding agreement between (“you”) and CyberEaglesNFT regarding your use of the Site. “You” refers to the entity bound by these Terms of Use (“Terms”), whether that is a natural person who must be at least 18 years of age, or a corporate entity.
These Terms may be translated into other languages, but the governing language is English in the event of any contradiction in terms between the English and foreign translation.
V: Termination and General Terms
I. Definitions
“Cybereaglesnft” includes SAM Ltd., and all licensed affiliates and partners that distribute digital files, including , SAM Inc., and the 'SAM214' group of companies and affiliates.
“Cybereaglesnft product” is the collection of one or more digital files, images, or videos packaged in the form of a product on the Site that can be identified by a product ID, or otherwise made available to you, for Purchase on the Site.
"Site" refers to the 'Cybereaglesnft websites', APIs, software applications or any approved means or utility either currently in existence or in the future; the software and source code used by Cybereaglesnft to provide such services; user interface layouts, designs, images, text, knowledge base articles, program offers; site information provided in reports (such as popular keyword searches); and all other intellectual property protected under copyright, trademark, patent, publicity, or any other proprietary right.
To make reading this agreement easier and less repetitive, the following constructions are used:
“Include,” including,” and “such as” are considered to be followed with “but not limited to.” Examples are used in this agreement to illustrate, rather than limit, the scope of the terms.
“The following restrictions”, “the foregoing restrictions”, and “subject to the restrictions” are considered to be followed with “in addition to all other restrictions applicable within this agreement.”
II. General Use
1. General License to the Site.
a. Ownership. Except as expressly licensed to you in these Terms, and in other agreements provided to you by Cybereaglesnft, it would retain all ownership, right, title, and interest in and to the services provided by Cybereaglesnft, including the Site and all Media Products.
b. Unauthorized Use. If you use the Site or Cybereaglesnft Products in an unauthorized way, Cybereaglesnft may terminate your account and pursue other penalties, damages, losses, and profits to which Cybereaglesnft is entitled under this agreement or at law or equity. The following uses of the Site are explicitly prohibited:
i. Except as expressly licensed to you, using an in-line link, frame, or forging headers around or URLs, or otherwise repackaging the Site in any way for commercial purposes;
ii. Obscuring or removing any watermark, copyright, or other proprietary notice from the Site.
iii. Mining, hacking, probing, spidering, crawling, or scraping the Site or Cybereaglesnft products, or similarly gathering or extracting data (whether manual or robotic), including by indexing, caching, or aggregation;
iv. Decompiling, reverse engineering, or making derivative works;
v. Interfering (or engaging in any activity that may interfere) with any user’s experience;
vi. Testing for technical vulnerabilities, or circumventing any security measures or access restrictions;
vii. Using the Site for recruiting purposes or to contact Cybereaglesnft artists for any reason; or
viii. Sharing any privately or semi-privately communicated information associated with the Site with anyone, unless you have the permission of the sending party. By way of example, you cannot take information sent to you in a private message or in a semi-private forum and make that information public or share it with any third party.
2. Material Submitted by You. Cybereaglesnft does not claim any ownership or liability with respect to any material that you submit when using the Site. This section sets additional rules for your submission or consumption of any writing, imagery, or data to any forum, blog, or Cybereaglesnft Product (“forums”).
a. Cybereaglesnft welcomes constructive criticism. However, you may NOT post anything that counteracts constructive, professional dialogue on 3D/ digital files or related topics.
b. You may NOT submit anything that discloses, stores, or collects any contact information or any person’s personal information without that person’s permission.
c. You may NOT in any way post anything abusive, harassing, threatening, harmful, inaccurate, defamatory, libelous, pornographic, racist, or obscene.
d. You may NOT post any spam or advertising for other products or services. You may NOT post from multiple accounts, disrupt, flame, incite, or persist in repetitive or off-topic comments.
e. You are fully responsible for and shall act sensibly and with your best judgment on how and what you post to the Site.
f. You may NOT post or link to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
g. You may NOT post or link to anything that infringes the rights of any third party or violates any law, rule, or regulation.
h. You may NOT re-post information elsewhere that requires a Site user account to access, such as private discussion forums or data reports.
III. Warranties
You covenant, represent, and warrant to Cybereaglesnft that:
1. You have full right, power, legal capacity, and authority to enter into and perform this agreement, have obtained any third-party consent needed to do so, and, prior to any Purchase, had an opportunity to seek independent legal counsel.
2. You will not use the Site except pursuant to the terms of this agreement.
IV. Limitation of Liability
1. The Site is provided on an “as is”, “as available”, and “with all faults” basis. Cybereaglesnft makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, fitness for a particular purpose, non-infringement, merchantability, or cosmetic attributes of the Site, and does not guarantee the accuracy or completeness of specifications associated with the Site, including measurements, weight, durability, strength, materials, general physical properties, regulatory compliance, other engineering or construction attributes.
2. You assume all risk for any damage to your computer systems and network for any damage to your computer system caused by using the Site, including any damages resulting from computer viruses.
3. To the fullest extent permitted by law, Cybereaglesnft shall not be liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if Cybereaglesnft has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence). To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental, or consequential damages, portions of the preceding limitation or exclusion may not apply, but should be construed to the greatest extent applicable in such jurisdictions.
4. You agree to indemnify and hold Cybereaglesnft and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, licensee, suppliers, alliance members, other partners, employees and representatives ("Cybereaglesnft Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of your use of the Site and any material you submit.
V. Termination and General Terms
1. Entire Agreement. This agreement constitutes the entire agreement between you and Cybereaglesnft, unless you have additional mutually agreed written license agreements with Cybereaglesnft, such as the Royalty Free License, 3D Model License, Publishing Agreement, or other corporate license. Corporate licenses are available with additional protections for additional fees. Please contact us if your organization requires a corporate license. Cybereaglesnft does not offer any other changes, additions, variations, or additional signed forms related to this agreement. No modification to this agreement will be binding, unless in writing and signed by an authorized Cybereaglesnft representative.
2. Termination; Material Breach. Your breach of these Terms or other applicable policies or agreements with Cybereaglesnft may result in Cybereaglesnft terminating your access to the Site, without any liability to Cybereaglesnft. You may terminate these Terms at any time by ceasing to use the Site. You agree that any material breach of these Terms will result in irreparable harm to Cybereaglesnft for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Cybereaglesnft will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Cybereaglesnft seeks such an injunction.
3. Import/Export Regulations. The Site may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular: (a) obtain any export, re-export, or import authorizations required by U.S.; (b) not design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide, re-route, or otherwise package the Site to prohibited countries and entities identified in the U.S. export regulations.
4. Governing Law. This agreement is governed by New York law, excluding conflict of law principles. Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in New York, New York, and both parties irrevocably submit to the exclusive jurisdiction of such courts. All notices, requests and other communications under this agreement must be in writing (e-mail messages shall be deemed writings).
5. LIMITED INTERNAL USER ARBITRATION. You acknowledge and agree that Cybereaglesnft may, in its sole discretion, arbitrate disputes between the Site’s users involving the Site or Stock Media Products, and such findings shall be final and non-appealable. Either party may request that Cybereaglesnft arbitrate the dispute, or Cybereaglesnft may elect, at its option, to arbitrate the dispute. To resolve disputes, Cybereaglesnft may decide to terminate or suspend users, revoke the license, offer replacement Media Products, reestablish the licensee, or surrender or reallocate fees (whether by refund, charitable donation, or otherwise). Cybereaglesnft may award up to 3X the Purchase price to either party depending on the circumstances. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ACCEPTING THIS ARBITRATION PROVISION WAIVES RIGHTS TO JUDICIAL RESOLUTION, TRIAL BY JURY AND RIGHTS YOU WOULD OTHERWISE HAVE IF YOU HAD NOT AGREED TO THIS ARBITRATION PROVISION.
6. Notice. Any notice under this agreement shall be via email provided that you receive an acknowledgement email from a Cybereaglesnft representative within 5 business days.
7. Assignment. Cybereaglesnft may not assign its rights under this agreement without providing you notice, except in the case of a bankruptcy, merger, acquisition, sale of all or substantially all of Cybereaglesnft assets to a subsequent owner or operator, or similar event. You may not assign your rights under this agreement without the prior written consent of Cybereaglesnft, which will not be unreasonably withheld.
8. English. This agreement may be translated into other languages, but English is the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
These Terms of Use are in effect as of February 14, 2025.
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Our Privacy Policy
YOUR USE OF OUR SERVICES IS SUBJECT TO YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.
Cybereaglesnft, Inc. ("Cybereaglesnft," “us,” or “we”) respects your privacy and is committed to protecting the personal information that you may provide while using our web sites and Services (defined below). This Privacy Policy (the "Policy") is intended to provide you with notice of the following:
The web sites and services covered by this Policy
What personal information we collect from you
What non-personal information we collect from you
Information on cookies and related technology
How we use and share the information that we collect from you
How you may access or change the information you have provided to us
Other important agreements that govern your use of our sites and services
Information for persons outside the United States
Our commitment to secure the personal information we have collected
Our policies concerning children
Notice of changes to the Policy
If you have any questions, complaints, or comments regarding this Policy, please contact us.
I. The Web Sites and Services Covered by This Policy
We currently operate the websites Cybereaglesnft(the "Site" or "Sites") as well as certain ancillary services and applications collectively (“Services”):
From time to time, we may add new Services that may not be listed above, but they will provide a link to this Policy and will be governed by its terms.
II. What Personal Information We Collect From You
We do not collect any personal information from you, unless you provide it to us in one of the ways discussed in this Policy. You may provide us this information directly through our Services. If you decide to provide us your personal information (e.g., name, email address, and mailing address), we will collect only the personal information that is needed to fulfill your requests and our legitimate business objectives. If you refuse to divulge your personal information when requested, you may not be able to access certain areas as part of the Services (such as message boards or the ability to buy and sell products).
1. Memberships and Registration. In order for you to register for our Services, we will require you to provide us with information such as a name, email address, state and country of residence, zip/postal code, birth date and other similar information. Some areas of the Services may allow you to visit as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering.
2. Public Forums. Please note that your user name will be available to the Internet's general public while you participate in some Services, such as publishing products or posting on our message boards, so you should exercise discretion when using these Services. Personal information disclosed by you within our message boards, or similar Services can be collected by other users of such Services and may result in unsolicited messages. We are not responsible for protecting such information that you may disclose to third parties through our Services (e.g. sending your telephone number to another user through the Services). To the extent that you use a profile that may be available to others on our Services, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions provided on our Services.
3. Email Newsletters. As part of your participation in the Services, we may send you email. You must have an account and have given us your email address in order to receive emails from us. You may be asked for additional personal information when you ask to receive email. You can opt out of receiving future emailing from us by following the directions contained in the email to "unsubscribe."
III. What Non-Personal Information We Collect from You
General, aggregated, demographic, and non-personal information may be collected by Cybereaglesnft. It may be be linked to your personal information, through cookies or other means. This type of anonymous, aggregated profiling and session data may include information that you have provided to us through surveys, polls, etc.. It may also include aggregated anonymous information about Site usage and the customer base.
In many cases, Cybereaglesnft will automatically collect certain non-personal information about your use of its Services. Cybereaglesnft might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your "click path" through the Sites, and the web site or advertisement that was linked to or from the Sites when you visited. To do this, Cybereaglesnft may use cookies and other technology. Your visits to our Services, and information provided through these technologies, will be anonymous unless you provide us with personal information or have provided such information in the past. For example, if you have created an account with our Services, your account information (including name, email address, and billing information) may be linked to the items you purchased at our online stores associated with the Services. (i.e., purchase order history).
We may also collect information about you to optimize our site or diagnose problems with the site. This information is often used in aggregate to see trends, but may also be connected to your personal account information.
IV. Information on Cookies and Related Technology
The Cybereaglesnft Services do contain "cookies."
A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies.
Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Cybereaglesnft Services may not function properly.
V. How We Use and Share the Information That We Collect From You
Personal information which we collect for a particular purpose will be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Policy. Except as discussed in this policy, we will not sell, rent, or otherwise use your personal information for a commercial purpose unless approved by you.
When you have provided personal information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request. This may include, but is not limited to, fulfillment houses, billing services, transaction managers, credit verification services, and other third party service providers. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of Cybereaglesnft.
In cases where a claim of IP infringement or other civil law claim is made, we may give out the information of the seller or distributor of such material so that the person making the claim can contact them to resolve the dispute. However, we do not release any information from the buyers of such allegedly infringing material unless we have direction from the appropriate legal authority.
We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We use the information we collect to learn what you like, tailor your experience accordingly, and to improve web sites and our other products.
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Sites, of any personal information contained in the Cybereaglesnft database for such site, if Cybereaglesnft assigns all of its rights and obligations regarding the use of your personal information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of Cybereaglesnft assets to a subsequent owner or operator, or similar event.
VI. How You May Access or Change the Information You Have Provided to Us
If you would like to modify any personal information you have provided to us, or have us no longer use this information, please follow the instructions associated with the Services. If you have any questions or would like to access or change your information via email, please contact us.
VII. Other important agreements that govern your use of our sites and services.
In addition to this Policy, your rights and obligations concerning our Services are governed by the applicable web site end user license agreement, and other applicable policies, guidelines, and requirements. When you sign up to use our Services, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.
VIII. Information for Persons Outside the United States
By consenting to this Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein.
For persons in European Union countries, as used herein, terms such as "personal information" refer to "personal data" as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("Directive"). We will not collect any personal data from you unless you provide it under the terms of this Policy. By using Cybereaglesnft Services, you agree that we may transfer your personal information outside the European Union in connection with the purposes stated in this Policy. Your personal data will be transferred to the United States (and/or other non-EU jurisdictions, as applicable).
IX. Our Commitment to Secure the Personal Information We Have Collected
While Cybereaglesnft takes precautions against possible breaches in its web sites and customer databases, no web site or Internet transmission is completely secure. Consequently, Cybereaglesnft cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Cybereaglesnft sites and Services is at your own risk. Cybereaglesnft urges you to take steps to keep your personal information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your user account, and closing your web browser whenever you finish your play session or leave your computer in a public area.
Cybereaglesnft employs a security technology known as a secure-socket-layer ("SSL") to protect the transmission of critical account information, such as credit card transmissions, through the Services. Unless otherwise specified, credit card numbers are used only for payment processing and are not retained for marketing purposes.
X. Our Policies Concerning Children
Cybereaglesnft complies with the Children's Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet.
1. Children Under the Age of 13. If you are under the age of 13, you may not create an account on the Site. To sell on Cybereaglesnft, you have to be of legal age to sign a binding contract in the country where you reside. This age is 18 in most countries. If you are younger than 18, you can use an adult's account with the permission of the account-holder. However, the account-holder would be responsible for everything done with that account.
2. Information for Parents. Parents should regularly oversee their kid's use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids. You can find out about software that protects your children here:
http://www.onguardonline.gov/articles/0031-protecting-your-childs-privacy-online
If your son or daughter has used your credit card on our Services without your permission, contact Cybereaglesnft immediately and we will remove their information.
3. Youth Between the Ages of 13 and 18. If you are between the ages of 13 and 18, please have your parent or guardian read this Policy and get his or her permission before you give us any of your personal identifiable information, before you use any of our message board or chat features, before you sign up for any Services, and before you buy anything from the Sites. Do not post your real name on a web site or message board, and never tell anyone online anything private about yourself or your family, including your phone number and address. Use screen names at all times.
XI. Notice of Changes to the Policy
Cybereaglesnft reserves the right to change this Policy at any time by notifying registered users via email or the Services of the existence of a new Policy and/or posting the new Policy on the associated Services. All changes to the Policy will be effective when posted, and your continued use of any Cybereaglesnft Services after the posting will constitute your acceptance of, and agreement to be bound by, those changes.
This Privacy Policy is Effective as of January 27, 2025.