These terms and conditions (the “Terms and Conditions”) govern your use of (the “Site”) referred to as the (“tytrix.com”), owned by Tytrix, Inc., and its subsidiaries.

By using this Site and/or accessing the Services, you indicate that you have read and understood these Terms and Conditions and agree to always abide by them.

THESE TERMS AND CONDITIONS CONTAIN VARIOUS CLAUSES AND A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.  PLEASE READ IT CAREFULLY.

1. Intellectual Property
All content published and made available on our Site is the property of Tytrix, Inc. and the Site’s creators.  This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.

2. Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for any illegal purposes.

Some services may allow you to:

• Add your own original content or post your content in blog or user comment areas (the “Your Content”). Remember that all information that is disclosed in blogs, comments, or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content.
• Use our Site as defined in the Terms and Conditions
• Arrange for third parties to have access to Your Content subject to the Terms and Condition

By submitting Your Content to the Site, you hereby grant Tytrix a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, distribute, reproduce, prepare derivative works of, perform, and display Your Content in connection with our Site and Tytrix’s business, including without limitation for promoting the services, in all media now known or hereafter devised through any media channels.  You acknowledge that your use of the Site is for your personal use only.

Except as expressly permitted herein, you shall not:

• Access our Site by any means other than instructions provided by Tytrix
• Use our Site for any illegal or unauthorized purpose
• Share with any third party any access codes or account information, including without limitation your username and password that you may have created, or Tytrix may provide in connection with our Site

And/Or upload posts, or otherwise distribute or facilitate distribution of any content that:

• Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually-oriented, or tortious.
• Infringes on any patent, trademark, trade secret, copyright, right of publicity, or another proprietary right of any party.
• Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling.
• Constitutes the selling or trading of any merchandise.
• Constitutes soliciting for advertisers/sponsors; participating in chain letters, conducting contests/raffles; promoting, soliciting, displaying advertising/sponsorship art; or marketing/pyramid schemes.
• Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
• Contains links to sites that violate these Terms and Conditions, such as pornographic sites, defamatory sites, and so on; or
• Impersonates any person or entity.

We generally do not pre-screen, monitor, or edit the content posted by users of our Site.  However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate.  We are not responsible for any failure or delay in removing such content.

You are responsible for all activity that occurs under your account, and you are solely responsible for maintaining the confidentiality of your access codes and account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site.  We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

3. Links to Other Websites

Our Site may contain links to third-party websites or services that we do not own or control, for which, we are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site.  It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

4. Ownership

All rights (including without limitation, copyrights, trademarks, patents, and trade secrets) on our Site and the content contained therein, other than Your Content, (the “Tytrix Content”) are and will remain the sole and exclusive property of Tytrix and/or its licensors.  No title to or ownership of any portion of our Site, the Tytrix Content, or any other products or services manufactured, sold and/or distributed or otherwise made available by Tytrix, or any proprietary rights related to those products/services, is or will be transferred pursuant to or by virtue of this agreement

.

5. Feedback

You may from time to time provide Tytrix with suggestions, ideas, or other feedback regarding our Site (“Feedback”).  Both parties agree that Tytrix shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.

6. Indemnification

6. A) To the extent permitted by applicable law, you will defend, indemnify and hold harmless Tytrix, its licensees, and their respective affiliates, parents and subsidiaries, and their respective officers, directors, agents, representatives, successors and assigns (the “Tytrix Indemnitees”) from and against all liability and expense, including without limitation reasonable counsel fees and costs, arising from any claim, suit or proceeding brought against a Tytrix Indemnitee (i) claiming that Your Content infringes or misappropriates any patent, copyright, trademark, trade secret or another proprietary right of any third party or (ii) in connection with your violation of these Terms and Conditions.
7. B) In the event of a claim triggering your obligation to indemnify, you shall provide us with (i) prompt written notice of any such claim; (ii) control over the defense and settlement of such a claim, and (iii) proper and full information and assistance to settle or defend any such claim.

7. Disclaimer

The services are provided “as is”, without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, reliability, availability, or fitness for a particular purpose. the entire risk as to the results or performance of the services as assumed by you, in no event will Tytrix or its licensors will be liable to you for any damages, including without limitation lost profits, lost savings, or other incidental or consequential damages arising out of the use of inability to use the services, even if Tytrix has been advised of the possibility of such damages. the terms of this Clause 6 shall apply to the fullest extent permitted by the law in the applicable jurisdiction.

8. Corrections

Our Site may contain errors or inaccuracies and may not be complete or current. Tytrix, therefore, reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.  Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

9. Site Accessing Location

We make no representation that our Site is appropriate, and/or available for use in your location, and accessing them from locations where their contents are illegal and prohibited.  If you choose to access our Site from any such locations, you do so on your own initiative and are responsible for compliance with local laws. These Terms and Conditions represent the entire agreement between us and supersede any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms and Conditions.

1o. Applicable Law

These Terms and Conditions are governed by and construed in accordance with, the internal laws of the State of Delaware applicable to all the provisions, covenants, conditions entered, and performed entirely therein by residents thereof, without regard to any provisions relating to the choice of laws among different jurisdictions.

Each of the Parties irrevocably agrees that any legal action or proceeding arising out of or relating to these Terms and Conditions brought by any other Party or its successors or assigns shall be brought and determined in the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware (unless the Delaware Court of Chancery shall decline to accept jurisdiction over a particular matter, in which case, in any federal court within the State of Delaware), and each of the Parties hereby irrevocably submits to the exclusive jurisdiction of the aforesaid courts for itself and with respect to its property, generally and unconditionally, with regard to any such action or proceeding arising out of or relating to these Terms and Conditions.

11. Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if Parties are unable to resolve any dispute through informal discussion, then the Parties agree to submit the issue first before a non-binding mediator and to an arbitrator if mediation fails.  The decision of the arbitrator will be final and binding.  Any mediator or arbitrator must be a neutral party acceptable to both Parties.  The costs of any mediation or arbitration will be paid by the unsuccessful party.

Notwithstanding any other provision in these Terms and Conditions, Parties agree that both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

12. Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions.  All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

13. Changes

These Terms and Conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site.  We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

14. Contact Details

Please contact us if you have any questions or concerns.  Our contact details are as follows:

Data Protection Officer

8 The Green

Dover, Delaware 19901

dpo@tytrix.com

privacy@tytrix.com

You can also contact us through the feedback form available on our Site.