Cyber Dust is the leading self destructing messaging app that allows you to say whatever you want without worry. Never leave a Trace!
A new type of communication is upon us. Leaving a track record of everything you've ever said is frightening. Permanent messages and photos can ruin relationships, reputations & careers. Not everything you share should last forever. Cyber Dust allows you to escape the age of permanent digital conversations.
Feel comfortable chatting in the moment, sending private photos, gossiping, or telling secrets while you watch your messages self destruct just seconds after being sent ...never to be seen again.
- Have fun and private conversations without worry
- Share Photos, Stickers & Emojis
- Screenshot Detection
- Share in the moment conversations with friends
- Never pay for an sms text message again
- Instantly connect with friends and other users
Messages are ALWAYS permanently deleted forever and never stored anywhere upon disappearing. Once it's gone it's gone Forever!
When will Cyber Dust come out of BETA?
Cyber Dust will come out of BETA and be officially released in February 2014. Currently we are gathering feedback, fixing bugs, and improving the app considerably for our users. Stay Tuned for the official release.
Do I need to be connected to the internet to use Cyber Dust?
Yes! You must have a quality internet connection (Wireless, cell signal, 4g etc.) for Cyber Dust to perform properly.
Who is Cyber Dust For?
Cyber Dust is for anyone 13 years of age or older who wants to communicate through instant messaging without leaving a permanent record of messages sent.
Why does Cyber Dust ask me to Validate my Phone Number?
Validating your phone number on Cyber Dust is the best way to connect with friends and help friends find you. We use a professional and secure validation service to prevent spam and miss use of the application. Validating your phone number guarantees that no other users are using your personal phone number to find friends. Your contacts phone numbers are not stored as actual phone numbers. They are stored as mathematical representations also known as a #hash.
Why does Cyber Dust ask me for my Email Address?
We require you to enter your email address upon sign up so that you can recover or reset your password if you forget it. Otherwise we have no way of contacting you.
Why Does Cyber Dust ask me for my Date of Birth?
Cyber Dust is only permitted to be used by people who are 13 years of age or older. We must therefore confirm that you are 13 years of age or older.
Why does Cyber Dust slow down?
Unlike other apps where pictures disappear, we do not cache text or pictures. They are delivered to your chat room in real time when you open the chat room. That is when the timer begins. When the timer expires, the message/image is gone forever and not stored anywhere. Ever!
How do I change my Username?
For security reasons and to prevent spam you cannot change your Username after sign up. If you wish to create a new username you can log out and create a new account.
How do I turn push notifications On and Off?
Please visit your device Settings and toggle Push Notifications On and Off from the Notifications Center.
How do I Block Users?
To Block a user enter the chat room with the user and click the top-right menu button. Here you will see a red Block User button.
How Do I Unblock users
To Unblock a user please visit the settings screen and click the blocked users button. Here you will find a list of blocked users that you can Unblock.
How do I Report Abuse?
To report abuse, harassment, or lewd conduct please contact us at firstname.lastname@example.org. To report criminal activity please contact your local law enforcement agency.
When exactly do my messages disappear?
Messages disappear on the device exactly 30 seconds after they are sent. Messages disappear off of the recipients device and our servers 30 seconds after the recipient enters the chat room and reads the received message. If the recipient does not open the chat room to read a received message within 12 hours, the message will expire and be deleted from our servers forever. Note* We do not cache messages or images locally on your mobile device.
Are my messages encrypted?
Yes. Messages are encrypted on the server for the temporary amount of time that they exist on the server.
Is Cyber Dust Available on Android devices?
Cyber Dust is not currently available on Android but is Coming Soon!
Help us test our Dust Blast! Feature
Thank you for Reading our FAQ. As a reward for reading we would like to tell you about a hidden feature that you can help us test! (must have version 1.0.2) Click the word Dust on the Cyber Dust home screen to reveal our Dust Blast! feature. Send a text or image to multiple friends instantly!
3. INFORMATION WE COLLECT
We collect information you provide directly to us when you create your account. This may include your username, password, email address, phone number, age and any other information you choose to provide.
While we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your messages, your messages are encrypted & deleted from our servers within 30 seconds of a message recipient coming in to the application and opening the message. Unread messages expire and are deleted from our servers within 24 hours from the time they are sent. As such, we also temporarily collect, process and store the contents of your messages which are temporarily stored on the devices of recipients. We cannot guarantee that deletion always occurs within a particular timeframe, nor can we prevent others from taking screenshots of your messages. If we detect that the recipient has taken a screenshot, we will attempt to notify you within the application. Thus, you should not use Cyber Dust if you require a guarantee that the recipient cannot copy your message by taking a screenshot.
If a user would like to find friends using their contact list, the user must grant Cyber Dust access to their contact list. If a user would like to send a photo from their photo roll, the user must grant access to their photo roll.
4. HOW WE COLLECT INFORMATION ABOUT YOU
We may collect information about you in any one or more of the following ways:
4.1. Information Collected Automatically
We collect usage Information, including time, date, sender and recipient of message, the number of messages sent and received, and the amount of time you spend on Cyber Dust. We collect information about your use of our websites, including your browser type and language, access times, pages viewed, your IP address and the website you visited before navigating to our websites.
i. Cookies and Automated Information Collection
When you access the Service, We collect certain technical information in order to analyze the usage of our Sites and Services and provide a more personalized experience. We and service providers acting on our behalf, such as Google Analytics, use Log Files and tracking technologies to collect and analyze certain types of technical information, including cookies, IP addresses, device type, device identifiers, browser types, browser language, referring and exit pages, and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, game state and the date and time of activity on our application, and other similar information. In some cases, We will associate this information with your user ID number for our internal use.
We may also employ other technologies including (i) web beacons, which allow Us to know if a certain page was visited or whether an e-mail was opened; (ii) tracking pixels, which allow Us to advertise more efficiently by excluding our current users from certain promotional messages, identifying the source of a new installation or delivering ads to you on other websites; and (iii) local shared objects also known as flash cookies, which help Us to prevent fraud, remember your in-game preferences and speed up load times.
4.2. Other Sources
We may collect or receive information from other sources.
5. USING YOUR INFORMATION
In general, We collect, store and use your information to provide you with a safe, smooth, efficient, and customized experience.
We may use information about you for various purposes, including to maintain and improve our Services, provide customer service; send you notices and updates, security alerts and support and administrative messages, and communicate with you about products, services, offers, promotions, rewards, and events offered by Cyber Dust and others, and provide news and information we think will be of interest to you. We will also use the information to detect, investigate and/or prevent fraudulent, unauthorized or illegal activity, and carry out any other purpose for which the information was collected.
6.1. Safety, Security and Compliance with Law
Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Mention Mobile, including to enforce our Terms of Service.
6.2. Sale or Merger
In the event that Mention Mobile undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, We may transfer all of your information, including personal information, to the successor organization in such transition.
7. COLLECTION AND USE OF CHILDREN'S PERSONAL INFORMATION
Our Site, Services and games are not intended for children under the age of 13 and We do not knowingly collect any personal information from such children. Children under the age of 13 should not use our services or Cyber Dust at any time. In the event that We learn that We have inadvertently gathered personal information from children under the age of 13, We will take reasonable measures to promptly erase such information from our records.
Cyber Dust maintains appropriate safeguards that ensure the security, integrity, and privacy of the personal information We collect and store about our account holders. Personal information collected by Mention Mobile is stored in secure operating environments that are not available to the public and that are only accessible by authorized employees. Phone numbers collected are stored as unique mathematical representations or #hashes.
9. LINKS TO THIRD PARTY SITES
10. CONTACT US
1. Governing Agreement
The terms of this agreement ("Terms of Service" or “Terms”) govern the relationship between you and Mention Mobile LLC, the developer of the mobile application Cyber Dust (hereinafter " Cyber Dust " or "Us" or "We") regarding your use of Cyber Dust’s applications, games and related services, which include applications for mobile devices and Mention Mobile and Cyber Dust websites (the "Service"). This Agreement may be modified at any time by Cyber Dust upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.mentionmobile.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
i. Cyber Dust Content Ownership
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Cyber Dust Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Cyber Dust Content may violate such laws and these Terms. Except as expressly provided in these Terms, Cyber Dust does not grant any express or implied rights to use Cyber Dust Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Cyber Dust Content, the Services or any related software, except as expressly stated in these Terms. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.
ii. Rights in User Content
The Services consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to text, photos, videos, graphics, items or other materials (collectively, “User Content”). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. You agree to abide by our Community Guidelines, which may be updated from time to time and can be found under the support tab of this website.
You agree that you are solely responsible for your User Content and that Cyber Dust is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Cyber Dust, you hereby grant us a nonexclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.
While we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content, message content is deleted from our servers within 30 seconds of a message recipient coming into the application and opening the message. If the recipient does not open the application to read a received message within 24 hours the message will expire and be deleted from our servers forever.
iii. Social Sharing
If you choose, you may share Content on certain of your SNS Accounts through the social sharing functionality we’ve implemented through the Services.
As part of the functionality of the Services, you may link your Account to an SNS Account by either: (i) providing your SNS Account username (or userID) to Cyber Dust through the Services; or (ii) allowing Cyber Dust to access your SNS Account, as permitted under the applicable terms and conditions that govern your use of each SNS Account. You agree that you won’t disclose your SNS Account login information to Cyber Dust and/or grant Cyber Dust access to your SNS Account unless you are permitted to do so by the applicable SNS. Cyber Dust won’t have any obligation to pay any fees or be subject to any usage limitations imposed by SNS’s.
By linking your SNS Account to your Cyber Dust Account, you understand that Cyber Dust will access, make available and store (if applicable) some of the content that you have provided to and stored in your SNS Account so that it is available on and through the Services via your Account. Unless otherwise specified in these Terms, all such content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the SNS Accounts you choose and subject to applicable SNS privacy settings, personally identifiable information that you post to your SNS Accounts and information about your SNS friends will be available on and through your Account. Please note that if an SNS Account or associated service becomes unavailable or Cyber Dust’s access to such SNS Account is terminated by the third party service provider, then the content from your SNS Account will no longer be available on and through the Services. You may disable the connection between your Account and your SNS Accounts by adjusting the settings on your profile page in your Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ACCOUNT SERVICE PROVIDERS ASSOCIATED WTH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS ACCOUNT SERVICE PROVIDERS.
iv. Alerts and Notification
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages Rights and Terms for Apps
4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Cyber Dust policies, Cyber Dust grants you a non-exclusive, non-transferable, revocable limited license to use the Service solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
This license is revocable at any time. This license is subject to these Terms and does not include:
The distribution, public performance or public display of Cyber Dust Content; Modifying or otherwise making any derivative uses of the Services or Cyber Dust Content, or any portion thereof;
Use of any scraping, data mining, robots or similar data gathering or extraction methods; Downloading (other than page caching) any portion of the Services, Cyber Dust Content or any information contained therein, except as expressly permitted on the Services;
Accessing the Cyber Dust API with an unauthorized or third-party client; and
Any use of the Services or Cyber Dust Content other than for their intended purposes.
Any use of the Services or Cyber Dust Content other than as specifically authorized in these Terms, without the prior written permission of Cyber Dust, is strictly prohibited and will terminate the license to use Cyber Dust granted in these Terms.
5. Accessing the Service
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.
6. Registration and Information
To use the Service, you must create an account. This can be accomplished using the application itself or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”), if and when such functionality is available. If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
You must provide us with accurate and complete information for your Account and you agree to update such information such that it retains its accuracy and completeness. Failure to comply with mandate may result in suspension or termination of your Account. You agree that you will not disclose your Account password to anyone, and that you will notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, even if you are not aware such activities have taken or are taking place.
7. Use of the Service
You shall use your Account only for non-commercial purposes. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone.
By using the Service, and by submitting User Content to Cyber Dust, you hereby grant us a nonexclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with the Services, subject to your use of privacy settings in the Services to control who can see your User Content.
The Services enable you to socialize with various individuals within your personal networks. As part of our Services, Account holders may communicate with other Account holders with whom they are connected within the App through the use of our direct messaging functionality. If you choose to link your Account with an SNS Account we may, at your option, and depending on our ability to access your SNS Account, access your personal contacts on such SNS Account in order to create a list of potential contacts through our App with whom you may communicate. You’ll be able to message other Account holders with whom you are connected.
i. Prohibited Activities
In addition to the other restrictions outlined in these Terms, you agree that you will not:
Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms, including any content that is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any person or entity; or promotes illegal or harmful activities or substances.
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Compromise the security of the Services;
Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
Use or attempt to use another user’s account without authorization;
Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
Engage in any harassing, intimidating, predatory or stalking conduct; and
Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using the App 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
ii. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Service. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
iii. International Users
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
We do not knowingly collect personal information from users under the age of thirteen.
You agree to indemnify, defend and hold Cyber Dust and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Service.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
9. License Limitations
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY CYBER DUST GAME IS A VIOLATION OF CYBER DUST POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
WITHOUT LIMITING ANY OTHER REMEDIES, CYBER DUST MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR CYBER DUST SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND CYBER DUST IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Cyber Dust reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time either permanently or temporarily. In such event, Cyber Dust shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
10. Fees and Purchase Terms
In the Service you may purchase, with "real world" money, a license to use Virtual Items and or other goods or services. You may also obtain a license to use Virtual Items by redeeming third party virtual currency, such as Facebook Credits.
PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT CYBER DUST IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
11. Updates to the Service
Cyber Dust may require that you accept updates to the Service and to Cyber Dust’s applications and games you have installed on your computer or mobile device. You acknowledge and agree that Cyber Dust may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play Cyber Dust’s Games.
12. Disclaimers / Limitations / Waivers / Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER CYBER DUST NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "CYBER DUST PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. Limitations / Waivers of Liability
UNDER NO CIRCUMSTANCES WILL CYBER DUST BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CYBER DUST.
14. Use of Information
15. Copyrights and Copyright Agent
It is Cyber Dust’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Ryan Ozonian, who can be reached as follows:
16. Applicable Law
You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Cyber Dust or its affiliates.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Cyber Dust may terminate this Agreement at any time, with or without notice, for any reason.
20. Entire Agreement
21. No Waiver
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Cyber Dust shall be deemed a modification of these Terms of Service nor be legally binding.
22. Dispute Resolution
If a dispute arises between you and Cyber Dust, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact Us directly to seek a resolution by going to Customer Support.
22.2. Law and Forum for Legal Disputes
These Terms of Service and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Cyber Dust must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
22.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
23. Contact Information
HOW TO CONTACT US:
7223 Beverly #201 Los Angeles 90036 email@example.com
General Inquiries: firstname.lastname@example.org
Press Inquiries: email@example.com
Business Development: firstname.lastname@example.org
Technical Support: email@example.com
Report Abuse: firstname.lastname@example.org
Cyber Dust was created for people to communicate willingly with each other while not wanting to leave a trace of the conversation. The following rules were created to make Cyber Dust enjoyable and safe for all. If you are reported or caught doing any of the following an investigation will be opened and you may be banned.
- Do not spam or friend users who are not your actual friends.
- Do not send nude or suggestive photos under the age of 18.
- Do not send photos that involve any sort of criminal activity.
- Do not bully or harass another user.
- Do not lie about your date of birth
- Do not impersonate somebody else
- If you are over the age of 18 do not engage in conversations with minors
- Do not send threatening messages
Please understand that we will do our best to enforce these guidelines. We are very serious about keeping the Cyber Dust community safe and secure. Again, we will not hesitate to ban users who abuse the application or break the rules. The rules may change as our service evolves.