Terms of Use | Malware.xyz

These Terms of Use were last updated on January 1, 2018. Please check this page periodically for any modifications.

Introduction

Welcome to the Internet site of Malware.xyz, a subsidiary of Hubbard Digital LLC. Hubbard Digital LLC is responsible for the development, maintenance, and operation of the Malware.xyz website, and all interactive platforms officially associated with Malware.xyz.

Please read the following terms of use agreement carefully before using Malware.xyz. Use of Malware.xyz signifies your compliance with the terms of use agreement as set forth below.

Agreement to Terms

This Terms of Use Agreement (referred to herein as the “Agreement”), is a legal agreement between you (referred to herein as the “User,” or collectively as the “Users”) and Hubbard Digital LLC. This Terms of Use Agreement is available for review in the footer section of most pages of the Malware.xyz website. If the User does no agree to these terms of use, he or she may not access and/or use the Malware.xyz website. By accessing and using the Malware.xyz website, the User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within the Agreement. Hubbard Digital LLC reserves the right to change, modify, add or delete all or portions of the Agreement at its sole discretion. The User’s continued use of the Malware.xyz website constitutes acceptance of the Agreement and its terms and conditions stated at the time of use.

Privacy Policy

The Malware.xyz may opt to collect information about the User, periodically or at any given time, without prior notice or consent. Hubbard Digital’s Online Privacy Policy may be accessed at https://hdca.us/icap/privacy-policy

Ownership and Proprietary Rights

Malware.xyz is owned by Hubbard Digital LLC. The contents of Malware.xyz is protected by United States copyright, trademark and/or applicable laws. All materials contained on the Malware.xyz website are the copyrighted and exclusive properties of Hubbard Digital LLC or its subsidiaries or affiliated companies and/or third-party suppliers, except where explicitly noted otherwise. All content contained on the Malware.xyz website, including but not limited to, animation, artwork, audio and sound, characters, custom smileys, design, desktop themes, fonts and typefaces, games, graphics, icons, illustrations, information, interactive content, link buttons, logos, names, online postcards (e-cards), photography, software, stories, stills from audiovisual material, templates, text, unlicensed merchandise, various products and services, video and film, wallpaper, website themes and layouts, and other elements associated thereto are protected by copyrights, trademarks, service marks, patents and/or patent-pending citations, or other proprietary rights and laws. The User may not copy, create derivative works from, distribute, modify, reproduce or republish any content from the Malware.xyz website. In addition, the User may not publish, rebroadcast, transmit, upload or use any of the content from the Malware.xyz website in any form, medium, or technology, now known or hereafter developed, including the use of any of the aforementioned materials on any other website or networked computer environment, without prior and written consent from The Company.

Any use of any of the materials on the Malware.xyz website other than for private, non-commercial viewing purposes, or, beyond the scope of sharing and distributing on social media (where expressly permissible) is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the content or any other materials contained herein, for any other purpose, in any form, medium or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other website or networked computer environment, without a prior written consent from The Company, is strictly prohibited. In addition, the User may not use the Malware.xyz website for any purpose that is unlawful or prohibited by these Terms of Use, or in any manner that could damage, disable, overburden, or impair any website or interfere with any other party’s use and enjoyment of any website. Unauthorized access to the Malware.xyz website or its User accounts, computer systems, or networks connected to any website, via hacking, password mining, or any other means, is strictly prohibited. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Malware.xyz website.

Corporate Identity

All trademarks, service marks, trade names and logos (registered or unregistered) used or referenced to on the Malware.xyz website are the intellectual properties of Hubbard Digital LLC, unless otherwise noted. Under no circumstances may the User use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these materials in any way unless The Company has given prior written authorization. The use of these materials in any form, medium, or technology not affiliated with The Company, now known or hereafter developed, is strictly prohibited.

Press Releases and News Content

Malware.xyz may provide its Users with industry-related and/or discursively linked news. This content is posted on the Malware.xyz website for commercial and informative purposes only. News and press releases are either derived internally (from The Company and/or one of its subsidiaries, affiliates and third-party suppliers) or via a feed, in which The Company has received prior and written consent to obtain and post on the Malware.xyz website. All news and press releases derived internally are the exclusive properties of, and copyrighted by Hubbard Digital LLC.

News and press releases provided via feeds and/or subscriptions are explicitly noted otherwise, with author and source info, citations, URLs, copyright information, and other proprietary notices intact. The Company reserves the sole right to cancel, discontinue, or reject information from any feed or subscription (“news source”) at anytime, without prior notice to the User or news source.

User Conduct

The User may not engage in any activity or conduct that is prohibited by law or violates any federal, state or local laws. The User agrees that any information posted or accessed on the Malware.xyz website will be used for informational and/or educational purposes only. Under no circumstances may there be commercial or any other unauthorized use of the information, content, material or interactive features available on the Malware.xyz website.

Forums and Weblogs “Blogs”

Malware.xyz may welcome registered members (Users) to post, transmit, or submit messages and comments to news posts, bulletins, chat rooms, or other public areas within or in connection with its Blogs and/or Forums. This practice is governed by The Company’s Forum Policy, which may be accessed at https://hdca.us/icap/forum-policy

Third-Party Websites

The Malware.xyz website may contain links to websites that are not formally-associated with or governed by Hubbard Digital LLC. These are referred to as “Third-Party Websites.” The Company makes no representations whatsoever about third-party websites to which the User may have access via the Malware.xyz website. Accessing and/or using third party website(s) constitutes the User’s acknowledgement that The Company is not responsible or liable for any advertising, content, products, services or other materials available from such third-party
websites. In addition, the User agrees that The Company shall not be held responsible or liable for any loss or damage incurred as the result of using any third party’s website. Loss or damage includes, but is not limited to, computer viruses, hard drive crashes, and/or loss or limited functionality of the User’s computer. The mention or availability of third-party links on the Malware.xyz website are for informational purposes only and does not constitute formal affiliation, endorsement, or recommendation. The Company reserves the right to change, modify or replace links to third-party websites, periodically or at any given time, without prior notice or consent to the User.

Linking to the Malware.xyz Website

Any linking to the Malware.xyz website shall be at the User’s own risk and expense and shall not be construed as an endorsement by or implication of any formal affiliation, unless The Company authorizes such linking in advance. The Company reserves the right to object to or have removed any link that is determined to be inappropriate, or inconsistent with The Company’s image, industry, reputation, or otherwise creates an undue burden on the Malware.xyz website.

Free Content Policy

HD Websites may contain free downloads for personal and non-commercial use. All free content and materials contained on the Malware.xyz website are copyrighted by Hubbard Digital LLC and shall remain The Company’s intellectual properties, except where explicitly noted otherwise. In addition, all free content available via HD Websites is for personal use only, and may not be used professionally,
commercially, or in any other way than expressly authorized in these terms and agreements. Sales and distribution of free content is strictly prohibited. The removal and/or altering of copyrights, trademarks, service marks, and other proprietary notices from content found on the Malware.xyz website is strictly prohibited. The Company reserves the rights to discontinue, delete, or “stop offering” any and all free content at any time, at its sole discretion, and without prior notice to the User. Accessing, downloading, and/or using the free content on the Malware.xyz website constitutes the User’s acknowledgement and compliance of these terms and conditions.

Software

The Company may opt to provide software for immediate download on the Malware.xyz website. All software, paid or unpaid; limited or fully-functioning; premium, open-source or free, made available to download from the Malware.xyz website, shall remain the proprietary and copyrighted work of Hubbard Digital LLC and/or its third party suppliers, except where expressly noted otherwise. All paid, unpaid, limited, and fully-functioning software is accompanied with End User License Agreements (EULA), which govern and determine the use of the software, respectively. The end user must read and comply with the EULA in order to legally use the software. In addition, The Company reserves the sole right to refuse any purchase order or license for any reason, and end user licenses to any Software is conditioned upon this provision. All software that is expressly labeled “open-source” and/or “free software” may be governed by an alternate license agreement(s); in such cases, an alternate license agreement will be expressly noted and bundled with the software via download.

Hubbard Digital LLC, at its sole discretion, may opt to discontinue any software and its respective website or web page at anytime, without consent or notice to the User. Except where explicitly noted in the EULA, The Company assumes no obligation with respect to supporting software and/or its respective website or web page, and may opt to discontinue support for any software at anytime. The Company and/or its respective third party suppliers reserve the sole right to make compilations, derivations, improvements, and/or changes to Software at any time without notice.

Download pages, sites, and/or links available via the Malware.xyz website are offered for use “as is” without warranty. The Software is warranted, if at all, only as set forth in the expressed terms of the EULA. Except as warranted in the EULA, Hubbard Digital LLC hereby disclaims all warranties with regard to the software and its respective websites, web pages, and/or links, whether expressed or implied, including but not limited to, all implied warranties or merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of Liability

The User hereby expressly understands and agrees that Hubbard Digital LLC or it’s Malware.xyz website shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt or otherwise) resulting from any use of, or inability to use, the Malware.xyz website, or resulting from any errors or omissions in the content of the Malware.xyz website, regardless of the basis upon which liability is claimed, even if the Company has been advised of the possibility of such loss or damage.

Note: Some jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages, so the above exclusions may not apply to certain Users.

Disclaimer of Warranties

Hubbard Digital LLC makes every effort to ensure that the Malware.xyz website is safe, accurate and of top-quality. In some instances, the Malware.xyz website and its content, free or paid, may include specification document(s) so that the User can ensure that their equipment meets and/or exceeds certain standard(s). The User agrees that The Company shall not be held responsible or liable for any loss or damage incurred as the result of accessing and using the the Malware.xyz website; this condition also applies to the result of accessing, downloading, and/or using the content (free or paid) contained on the Malware.xyz website. Loss or damage includes, without limitation, hard drive crashes, loss of data, and/or loss or limited functionality of the User’s computer. In addition, Hubbard Digital LLC makes no warranty that the Malware.xyz website will meet your requirements or that it will be uninterrupted, timely, secure or free of error(s); nor does Hubbard Digital LLC make any warranty as to the results that may be obtained from the use of the Malware.xyz website or as to the accuracy or reliability of any information obtained through the Malware.xyz website. Unless expressly stated otherwise, Hubbard Digital LLC provides the Malware.xyz website “as is” and without warranties of any kind, either expressed or implied, to the fullest extent allowable by law. This includes the implied warranties of merchantability, non-infringement of intellectual property, and fitness for a particular purpose. In no event shall the Company or its suppliers be liable for any damages whatsoever arising out of the use or inability to use the Malware.xyz website or its content. This includes, without limitation, damages for loss of profits, business interruption, or loss of information.

Note: Some jurisdictions may not allow the exclusion or limitation of certain warranties, so the above exclusions may not apply to certain Users.

Indemnity

The User agrees (at his/her expense), to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, distributors, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of the User’s breach of this Agreement or in connection with the User’s use of the Malware.xyz website or any content, product or service related thereto.

Governing Law

This Agreement and the relationship between the User and the Company shall be governed by and construed in accordance with the laws of the State of Georgia. Any controversy or claim arising out of or relating to this Agreement or relating to use of the Malware.xyz website and the material and content contained on the Malware.xyz website shall be resolved in a Georgia court. The User agrees that, regardless
of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

Waiver / Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.