2. ABOUT THIS SITE AND THESE TERMS
3. REGISTRATION, SET UP OF ACCOUNT AND ACCOUNT SECURITY
3.1 Access to your account on our secure site
If you wish to use any part of our services located on our secure Site (“Services”), you must first set up an account by registering with us. You must provide us with accurate, complete and up-to-date registration information. The registration information needed to allow you access to our secure Site to activate the Services includes the following:
a. A “Username” which is a confidential word or number or a combination of words and numbers created by you at time of registration to be used by you as a code to confirm your identity when accessing the Services.
b. A “Password” which is a confidential word or number or a combination of words and numbers used as a code to confirm your identity when accessing the Services. This code must be between [ ] & [ ] characters in length, contain at least [ ] number & may not contain any symbols or spaces. [This description of the password be confirmed by IT].
c. A valid credit/debit number from a card issuer that we accept (“Card”).
d. Any other information that we may request from time to time.
We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You are responsible for preserving the privacy and confidentiality of this password and assume responsibility for the use of the services and all activities that occur under your login. You agree to immediately notify us of any known or suspected unauthorized use on your account.
3.2 Once you have successfully registered, your account will be established and you will be able to access your account in order to access our secure Services. Your Username and Password must be used and changed in accordance with our requirements from time to time. We are entitled to rely on instructions received under your Username and Password so long as they remain valid. You agree and acknowledge that it is your responsibility to keep your Username and Password confidential at all times. If your Username and Password have, or you believe that they have, been stolen or liable for any other reason to be misused, you shall, as soon as possible, give notice to us. Until such time as such notice has been given to and accepted by us, you will remain liable for any and all transactions, including any resulting losses, made using your account. You may access your account to make a secure payment using the debit/credit card that we have on file for you, view your current balance, view your account summary, and view your services provided to you by us and account histories, and such other actions as may be permitted by us from time to time. To access your account you must have a valid Username and Password and such hardware and software as may be required. You also agree to provide such information as is required by us from time to time to provide the Services.
3.3 Fees and Charges; Changes; Late payment fees
a. You agree to pay, within 30 days from the date of the invoice (“Payment Due Date”), the following:
(i) One time set-up fee in accordance with the Services selected at registration (if any);
(ii) a monthly charge in accordance with our rates for the Services selected at registration.
b. Charges for the Services shall be invoiced in advance.
c. If applicable, monthly invoices may be sent to you at the e-mail address designated by you on the Service signup form. It is your responsibility to keep us up to date with your most current contact information.
d. You shall be responsible for all charges incurred on and billed to your account, whether with or without your knowledge and consent, therefore you are advised to take all such steps necessary to safeguard access to the Services to prevent unauthorized use.
e. Should you dispute any amount set forth in the invoice, you shall be required to send written notice to us within 10 days of the date of the invoice; otherwise, the invoice will be deemed accepted by you as correct and you will waive your right to dispute that invoice. In the event of a dispute, we will investigate the matter and notify you of our findings, which shall be conclusive. Should you wish to dispute the invoice after 10 days, we may charge a reasonable fee for carrying out such an investigation. If, following such an investigation, we find that your account was in fact incorrect, that fee will be returned to you.
f. You hereby authorize us to charge and place a hold on your Card with respect to any unpaid charges for Service or any related equipment (if applicable). You authorize the issuer of the Card to pay any and all amounts described herein without requiring a signed receipt. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your Card, until such amounts are paid in full. You agree to provide us with updated Card information upon our request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither us nor any of our affiliated company’s will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on your Card.
g. When payment is made by your Card, payment will also be subject to the terms and conditions established by your Card issuer. Invoices not paid within 30 days of the Payment Due Date shall be subject to a late payment charge of US$5. Further, a processing fee of US$25.00 shall be charged to your account if your payment is rejected for any reason.
h. Late Payment & Failure to Pay. In the event that you have not made a payment to us within 30 days past the Payment Due Date, you shall pay to us a late payment charge and/or an interest charge of 1.5% monthly, or the highest amount allowed by law, on all charges due and unpaid. Our acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of our rights to collect the full amount due. We may suspend or terminate your Service if your payment is past due. If we suspend your service for non-payment, you must pay all past due amounts in order to have service restored, and you may also, at our sole discretion, be required to pay a service restoral fee. In the event you fail to pay us or we are unable to bill charges to your credit/debit card, we may assign unpaid late balances to a collection agency. In the event legal action is required to recover unpaid amounts, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys fees and other legal and/or professional expenses.
3.4 We may at any time
and without notice, withdraw, suspend or amend the Services in part or in its entirety, or restrict or prevent you from accessing the Services, if we have reasonable grounds for doing so. Your continued use of the Services will be considered acceptance of any change or amendment of any part or all of the Services. In particular, but without limitation to the foregoing, we in our sole discretion may terminate or suspend a part or all of the Services in the event of any apparent security breach or misuse.
3.5 The privacy of your personal information
3.6 Your Account Security
We endeavour to maintain a high level of internet security. To maintain your own high level of security we recommend:
a. if you have set up your registration for the Services on a computer that is not your own, you change your Password the first time that you log in independently;
b. you ensure that both your Username and Password are kept secure at all times;
c. in choosing a Password you take care to ensure that it is one that is not likely to be anticipated by anyone attempting to access the Service pretending to be you;
d. you do not disclose your Username or Password to anyone, and do not allow anybody to access your account;
e. you do not record your Username or Password in any form that identifies it as being a password to access our Services;
f. you contact us immediately upon discovering or suspecting that your Username or Password is being used by or is known by any other person;
g. you take care to ensure that nobody can see, copy or access information, or obtain your Username and/or Password when you are using the Service;
h. you do not, whilst accessing our Services, leave your computer or any similar device used for accessing the Services unattended; and
i. prior to accessing our Services from any computer connected to a local area network or LAN you take steps to ensure that no other person will be able to see, copy or access information and/or obtain your Username and/or Password.
3.7 When using the Services, you agree:
a. to change your Username and Password immediately if we request that you do so.
b. to take all reasonable steps to ensure that the computer or any similar device that you are accessing the Services from is free from computer viruses. You should take precautions, including scanning for viruses and having a complete and current back up of files on your computer system.
c. to take reasonable measures to ensure that the computer or other device you are using is itself adequately protected against the receipt of computer viruses.
d. that our records with respect to all transactions made on your account will be deemed to be conclusive proof of the correct authenticity of those records and may be relied upon by us.
4. SERVICE INTERRUPTION
We reserve the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. You hereby acknowledge that interruptions in our Services and your access to your account, may occur and that we shall have no liability whatsoever with respect to any such interruption. You acknowledge and agree that transmission instructions using the Services may vary in its reliability, and that provided we take reasonable steps to prevent a compromise or breach of security procedures, we will not be liable for any compromise or breach in security procedures or for any loss that you may suffer arising from any failure whether such a failure arises with us, an internet service provider or another party.
5. COPYRIGHT, TRADEMARKS & OTHER INTELLECTUAL PROPERTY RIGHTS
Content" includes what you may see, read, hear, upload, download or access on or from the Site in any form (including HTML and Java code). All Content is protected by copyright and/or other intellectual property laws under Bermuda and foreign laws. Certain names, words, brands or devices on the Site may be the exclusive trademarks of Yabsta in Bermuda or of their respective owners, protected at common law or registered in Bermuda or other countries. Using the Site will not give you a license to exercise any intellectual property rights, unless expressly stated.
You may display, copy, print and download any Content from the Site for your personal, non-public and non-commercial use only, provided you do not, directly or indirectly:
a. change or delete any copyright or proprietary notices from the Content;
b. adapt, alter, translate, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute or otherwise use Content from the Site without written consent from Yabsta or the relevant owner;
c. decompile, reverse engineer or create derivative works from any downloadable software; d. transfer the Content to another person or web site or computer network, including any personal web site or network; and pass off or otherwise infringe the intellectual property rights of Yabsta or others; and use any trade mark displayed on the Site without the written consent of Yabsta or the relevant owner.
Parts of the Site may contain other proprietary notices and copyright information, which must be observed and complied with. We do not claim ownership to your posting or submission to the Site for posting of your Content on the site. However, for this information that is publicly displayed on the Site, you grant Yabsta a world-wide, royalty free, non-exclusive, irrevocable, perpetual license to use, modify, distribute, reproduce, publish, and publicly display such information in whole or in part, and to incorporate said information into other works on current or future formats and mediums. This license shall exist until the removal of the Content from the Site by either party.
If you use a hypertext reference (HREF) link to our Site, you do so at your sole risk and you agree to link to our home page only and not to frame our Site. Your link to us or any comment, material or services associated with the link must not: infringe our intellectual property rights; defame or disparage us, our services or goods; diminish our goodwill; be false, misleading, obscene or unlawful; negatively affect us; or imply that we endorse your web site, services or goods. If you wish to link our Site from your web site, please provide us the exact URL address of the web site page where the link is to appear, the legal name of the owner and operator of the web site, and your name and e-mail address. We may remove the link without notice to you or require you to remove the link and reference to our Site at any time. You must not use a deep link or an image (IMG) link, or use the WhidbeyLocal.com/Yabsta logo or any of our trademarks as a "hot" link, to our home page or any other part of the Site, without entering a written linking agreement with us. For notices and queries about links, please Contact Us at email@example.com .
7. LINKS TO THIRD PARTY WEB SITES
The Site may contain informational or advertising links or references to external web sites that are owned, operated, developed and controlled by others and not by us. We do not endorse or authorize access to those external web sites or any content, services and goods on or through them. You use those links at your own risk and are urged to review their legal and privacy notices, terms and conditions. We will not be responsible for or liable to you for any losses or damages resulting from your use of links to or from external web sites or from any dealings you have with such third parties.
We cannot and do not represent or warrant that Content available for use or downloading through the Site will be free of viruses, worms, Trojan horses, or other code with contaminating or destructive properties. You should take precautions, including scanning for viruses and having a complete and current back up of files on your computer system.
9. ACCURACY AND CURRENCY DISCLAIMER
You use the Site, including the Content available on and from it, at your sole risk. Although we try to ensure the accuracy and currency of the Content we post on the Site, we do not represent or warrant that the Content on the Site is accurate, complete or up-to-date, or free of technical or typographical errors. We are not under any obligation, and to the fullest extent permitted by law, expressly disclaims any obligation, to update or alter any Content on the Site, whether as a result of new information, future events or otherwise.
The Content may contain forward-looking statements, which speak only as of the date they were made. Words such as "anticipate," "estimate," "expects," "projects," "intends," "plans," "believes," "will" and words and terms of similar substance indicate forward-looking statements. All forward-looking statements are management's present expectations of future events and are subject to a number of factors and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. You are cautioned not to place reliance on the Content, which is not provided as legal or accounting advice. We and our affiliates operate in highly competitive, consumer driven industries and are dependent on a variety of factors including government regulation, customer demand, technological developments, third-party relationships and protection of their intellectual property rights. Our actual results could differ materially from management's expectations because of changes in such factors. Any statements in the Content attributable to us, our affiliates or any person acting on their behalf are expressly qualified in their entirety by the cautionary statements referred to in this section.
10. NO REPRESENTATIONS OR WARRANTIES
WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COURSE OF DEALING, INTEROPERABILITY, MERCHANTABILITY, SERVICE AVAILABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE STATEMENTS, ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ECONOMIC OR COMMERCIAL LOSS, LOSS OF PROFITS OR REVENUE OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS, ALTERATION OR CORRUPTION OF DATA OF YOUR TRANSMISSIONS OR PROGRAMS THROUGH DOWNLOADING CONTENT OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, LOSS OF USE, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY LINKED OR REFERENCED WEB SITE, OR ANY ERRORS OR OMISSIONS OR OTHER DEFECTS IN THE CONTENT, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, EVEN IF WE KNOW OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. NO ADDITIONAL WARRANTY
Nothing on the Site shall add to or change any contract for services or goods you may have with Yabsta or its affiliates, which are subject to the terms of applicable agreements. Nothing on the Site shall be construed as a further or additional representation or warranty.
13. EXTENSION OF DEFENCES
Every right, including right to be indemnified, exemption from liability and defence of whatsoever nature applicable to WhidbeyLocal.com/Yabsta or to which Yabsta is entitled hereunder extends to and for the benefit of the directors, officers, employees, agents, shareholders, affiliates, suppliers (including any party involved in creating, producing or delivering the Site or the Content), successors and assigns of WhidbeyLocal.com/ Yabsta.
15. ACCEPTABLE USE
You understand and agree that you are solely responsible for your own Content, data, graphics, messages transmitted, or other materials and/or services used on this Site. You are entirely responsible for all information whether publicly posted or privately transmitted using our services and assume all responsibility for any consequences thereof related to your actions using our services. We do not control the information posted or transmitted by users of our services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the service you may be exposed to objectionable or indecent information. We under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. You agree to use this Site only to post materials that are legal, proper, somehow related to the purposes of this portal. By way of example, and not as a limitation, you agree that when using this Site, you will not: Harm children is any way; Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; Publish, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter "Post") any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information; Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material; Post any material that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another's computer software, hardware or telecommunications equipment; Post or transmit spam, "chain letters," "junk mail," promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Site intended for such uses; Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted or transmitted; Restrict or inhibit any other user from using and enjoying the use of the site and its services; Collect or store personal data about other users; Hack into any part of the Site, operate computer programs of any sort that willfully extract copyrighted information for illegal purposes, or jeopardize the performance / disrupt / interfere with the delivery of the services, servers, or network infrastructure; Encourage, glorify or commit conduct which is likely to give rise to criminal or civil liability; Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever; and Engage in conduct that is in contempt of any legal proceedings.
You must also not use the Site:
in a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages or to conduct activities in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1997, the Human Rights Act 1981, or the Tenth Schedule to the Companies Act 1981, as amended from time to time; or to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic Transactions Act 1999, as amended) to persons with whom or which you have no relationship (either contractual or personal) or to persons that have not otherwise consented to receive such Electronic Records to access, or enable others to access, parts of the Site or Content to which you are not authorized to access, including the personal information of other users of the Site.
Registered users of the Site agree to maintain an active email account to receive communications from us regarding Site updates, administrative messages, other registered user related messages, and Site announcements.
16. SECURITY ISSUES
Please note that communications sent over the internet, particularly unencrypted e-mails, are subject to possible interception, loss, change or forging.
We will not be responsible for any damages you may suffer from the transmission of confidential information that you make to us or any third party, or request us or any third party to make to you through the Site. We are not responsible for any errors or changes made to, or loss or interception of, any transmitted information. Such transmission is at your own risk.
17. ACCESS TO THE SITE
18. APPLICABLE LAW & GENERAL PROVISIONS
Copyright © 2010 Yabsta (BVI) Limited. All rights reserved.
When you provide us with Personal Information, you are authorizing us to use that information in accordance with the terms of this Policy and other applicable terms of our Site.
If we obtain Personal Information from a third party, such as a business partner, our use of that information is also governed by this Policy. We may share your Personal Information with companies that are affiliated with us, provided you have given us permission. We may also provide your Personal Information to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your Personal Information.
We may aggregate Personal Information and use it anonymously. Anonymous click stream, number of page views, calculated web beacons, and aggregated demographic information may also be shared with our advertisers, affiliates and business partners. Except as set out in this Policy, we will not sell or pass any Personal Information to third parties. When you supply Personal Information about yourself to us for a specified purpose, we use that information for that purpose only. We will not share your credit/debit card information with third parties except those we use to perform tasks required to complete online payment to us or purchases you make through the Site.
Please note that we will release your Personal Information if required to do so by law, or by search warrant, subpoena or court order or in order to fulfill our obligations to you. Any Personal Information, such as your name or e-mail address, that you provide to us through the Site, will not be shared with third parties other than companies affiliated with us and our service providers unless you specifically authorize it or unless required by law. We may share non-personally identifiable information that we collect through the Site with third parties in order to enhance your online experience.
ACCESS TO PERSONAL INFORMATION
LINKING & FRAMING
If you have any questions regarding this Policy or this Site please Contact Us at firstname.lastname@example.org