Terms of Use
Overview
The following are the terms of use between you and Cybin Corp. (together with its parent, affiliates and subsidiaries, “Cybin”) in respect of the use of this website (“Terms of Use”). By accessing, or using this website, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. As the Terms of Use are a condition of Cybin’s agreement to your use of the website, if you do not agree to these terms then do not use this website and immediately cease all activities on this website. Cybin may, without notice to you and at Cybin’s sole discretion, at any time, revise these Terms of Use and any other information contained on this website. Cybin may also make improvements or changes in the products, services, or programs described on this website at any time without notice. You agree to be bound to the Terms of Use that are current at the time of your use of the website.
General Terms
This website contains proprietary and copyrighted information, the terms and conditions of which must be observed and followed. Cybin grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this website for educational purposes only, provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices. Cybin may block any crawlers in its sole discretion. The use of this website is strictly for non-commercial purposes (e.g., you may not sell the content you access on or through this website or reuse the content on another site.) All commercial uses of this website is strictly prohibited.
Except for the limited permission in the preceding paragraph, Cybin does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this website on another website or in any other media. Any content that is made available for downloading from this website will be governed by its applicable terms, conditions, and notices. Your failure to comply with such terms or any of these Terms of Use will result in the automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
You may use the website only if you are 18 years or older and are not barred from using the website under applicable law.
Rules of Conduct
Your use of this website and any related Cybin website (each and together, “Cybin Website or “Cybin Websites”) is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage Cybin Websites is a violation of criminal and civil laws. Cybin reserves the right to seek damages from any such person to the fullest extent permitted by law.
You agree not to post or transmit through a Cybin Website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.
You may not impersonate another user, use another user’s Open Access ID, permit someone else to use your Open Access ID, attempt to capture or guess other users’ passwords, forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content you transmit, conduct fraudulent business operations or practices, or promote or conceal unlawful conduct.
You may not engage in any activity on Cybin Websites which restrict or inhibit any other user from using or enjoying Cybin Websites by “hacking,” “cracking,” “spoofing,” or defacing any portions of any Cybin Website. You may not use Cybin Websites to stalk or harass another person or entity.
You may not post or transmit through a Cybin Website any advertising or commercial solicitations; promotional materials; software or other materials that contain viruses, worms, time bombs, trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of Cybin Websites or its contents. You may not harvest or collect information about Cybin Website visitors without their express written consent.
In the event Cybin allows users to add user content to the website, you agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, sexism, racism, homophobia, transphobia, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. Cybin reserves the right, but not the obligation, to moderate any and all content posted on the site and deems such content to be a Derivative Work. You are liable for content you post.
You agree to comply with all U.S. and foreign export laws and regulations. By using the Cybin Websites you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you are not accessing the site from a country or territory where accessing this website would be illegal.
You may not copy the website in whole or in part. You may not: (i) copy, modify or create derivative works based on this website, including any audio, video, text, or visual features or content; (ii) distribute, transfer, sublicense, lease, lend or rent the website to any third party; (iii) reverse engineer, decompile or disassemble the website; or (iv) make the functionality of the website available to multiple users through any means. If you make any derivative works, as defined by the Berne Convention, from this website (“Derivative Works”), in whole or in part, you grant to Cybin an exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license to such Derivative Works, including moral rights, and agree to transfer such derivative works to Cybin upon request, and agree Cybin shall have full rights to use, copy, modify, or create derivative works and otherwise exploit for any purpose such Derivative Works.
You may not use, display, mirror or frame a Cybin Website, or any individual element within a Cybin Website, Cybin’s name, any Cybin trademark, logo or other proprietary information, or the layout and design of any page or form contained on a webpage, without Cybin’s express written consent; access, tamper with, or use non-public areas of a Cybin Website, Cybin’s computer systems, or the technical delivery systems of Cybin’s providers; attempt to probe, scan, or test the vulnerability of any Cybin system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cybin or any of Cybin’s providers or any other third party (including another user) to protect the website; attempt to access or search the website or download content from the website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Cybin or other generally available third-party web browsers; send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; use any meta tags or other hidden text or metadata utilizing a Cybin trademark, logo URL or product name without Cybin’s express written consent; use the contents of a Cybin Website for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the website to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the website; interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the website; collect or store any personally identifiable information from other users of a Cybin Website without their express permission; impersonate or misrepresent your affiliation with any person or entity; violate any applicable law or regulation; or encourage or enable any other individual to do any of the foregoing.
Disclaimer
From time to time, this website may contain technical inaccuracies or typographical errors. Cybin does not warrant the accuracy of any posted information. The information on this website is provided “as is.” If any term in this Terms of Use is found by a competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use. This website is not offering medical advice and this website does not contain medical advice, but rather this is general educational information. This website is not intended to induce anyone to practice medicine without a license. Psychotherapy services should only be practiced by a licensed practitioner in their licensed jurisdiction. You agree that the information provided on this website is not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of a person’s health, or to be a substitute for professional medical care. You understand and agree that you are solely responsible for your use of the website.
Cybin may, but is not obligated to, monitor access to or use of the website or to review or edit any website content, including any content added by you or others, for the purpose of operating the website. To ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements, Cybin reserve the right, but are not obligated, to remove or disable access to the website, at any time and without notice, at our sole discretion. Cybin reserves the right to consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Confidential information
Cybin does not want to receive confidential or proprietary information from you through this website. Please note that any information or material sent to Cybin will be deemed NOT to be confidential. By sending Cybin any information or materials, you grant Cybin an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Cybin is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Cybin Corp. for the purpose of receiving products or services will be handled in accordance with our privacy policies.
Global Availability
Information Cybin publishes on the internet may contain references or cross references to Cybin clinical trials, products, programs, or services that are not announced or available in your country. Such references do not imply that Cybin intends to announce or make available such clinical trials, products, programs, or services in your country.
Third Party Sites
This website may provide links or references to non-Cybin websites and resources. Cybin makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Cybin Websites or third-party resources that may be referenced, accessible from, or linked to any Cybin Website. In addition, Cybin is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Cybin Website. When you access a non-Cybin Website, it is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information.
Linking to this Website
Cybin consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Cybin; (c) imply that Cybin approves or endorses you, your website, or your service or product offerings; and (d) present false or misleading impressions about Cybin or otherwise damage the goodwill associated with the Cybin name or trademarks. As a further condition to being permitted to link to this website, you agree that Cybin may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease any related use of Cybin trademarks.
DISCLAIMER OF WARRANTY
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, DISCUSSIONS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. Cybin Corp. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CYBIN CORP. MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CYBIN MAKES NO WARRANTY OF SERVICE UP TIME, AVAILABILITY OF THE WEBSITE, FUTURE UPDATES, OR SECURITY OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYBIN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CYBIN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CYBIN AND ITS OFFICERS, DIRECTORS, EMPLOYEE AND AGENTS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR (II) YOUR VIOLATION OF THESE TERMS OF USE.
Neither Cybin nor any other party involved in creating, producing, or delivering the website or content on the website will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Cybin has been informed of the possibility of such damage.
Privacy Policy
Please refer (link below) to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of this Website is subject to our Privacy Policy. If you have any questions with respect to our data handling practices, please contact us at privacy@cybin.com.
Registration and Your Information
If you want to use certain features of the website, you’ll need to create an account (“Account”). You must provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If, in Cybin’s sole discretion, Cybin believes you have provided inaccurate information, Cybin reserves the right to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone else and you’ll notify us immediately of any unauthorized use of your Account. You remain liable for any activities conducted under your Account.
Agreement to Arbitrate
You and Cybin agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the website will be settled by binding arbitration which will be conducted in Toronto, Ontario, and governed by the laws and procedures of Ontario, conducted in English.
General Terms
These Terms of Use constitute the entire and exclusive understanding and agreement between Cybin and you regarding the website. These Terms of Use and any action related thereto will be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws provisions. If any provision of these Terms of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms of Use will remain in full force and effect. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Cybin’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Cybin may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns. Cybin’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision.