Effective Date 24 January, 2008
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
1. INTRODUCTION 1.1 The website you have entered is operated by, or on behalf of, yabb Limited, a company registered in England and Wales (Company Number 06070138). In these terms we refer to ourselves as "yabb", "we" or "us". 1.2 By accessing any part of this website and associated services, you are deemed to have accepted these terms in full and are bound by all its provisions. 1.3 We may revise these terms at any time. Please check back here from time to time to ensure you are aware of any changes. 2. REGISTRATION 2.1 You may access most areas of the website without registering your details with us. Certain aspects of the yabb website and associated services are only available to you if you register. 2.2 Each registration is for a single user only. You must not share your user name and password with any other person. Responsibility for the security of any passwords issued and the operation of your account rests with you. yabb does not accept liability for any unauthorised access to your account. 2.3 You must be at least 16 years old to use and register for this website and service. By using and/or registering, you warrant that you are at least 16 years of age. 2.4 To make full use of yabb you will need a Skype account. You can find out how to obtain and use a Skype account. Your use of Skype is subject to Skype's terms of service and privacy policy, end user licence agreement and etiquette. This product uses the Skype API but is not endorsed, certified or otherwise approved in any way by Skype. 2.5 The information you provide upon registration must be an accurate and current reflection of your true identity. You may not register to use our service under anyone else's name (be it an individual, group, company, organisation or otherwise), a false name, anonymously or otherwise so as to deceive us or other users as to your true identity. 2.6 Any breach of this Clause 2 may result in our terminating your account with yabb immediately without notice. 3. COMMUNICATIONS WITH OTHER USERS AND POSTINGS ON YABB 3.1 The website currently offers you the functionality to post profile information, a photograph, new topics and postings in relation to such topics. The website also offers the functionality to launch the Skype application, to invite other registered users to call you using Skype and to call registered users who have invited you to call them using Skype. In the future yabb may offer other interactive features. All personal information you display or communicate using such functionality is your responsibility and becomes publicly available. Please therefore exercise caution when posting personal details and opinions upon the site as we are not responsible for any information you choose to make public. 3.2 yabb reserves the right to remove at any time any information posted by you on the website which yabb deems in its sole discretion to contravene these terms. 3.3 If you choose to communicate with any other user via Skype; by exchanging postal/email addresses and/or telephone numbers; or otherwise via the interactive functionality of the website, you do so at your own risk. yabb cannot be held responsible for any consequences which flow from your decision to communicate or interact with other users in places or under circumstances which we do not control, including Skype voice or video calls, in person or otherwise. We advise you to use extreme caution whenever you socialise or interact with people whom you have met via the Internet. 3.4 You are not permitted to record conversations you have with other users of yabb without their prior consent. 3.5 You are prohibited from posting or transmitting to or from the website or its associated communication channels (including but not limited to Skype) any content or material: (a) which is threatening, defamatory, obscene, indecent, harassing, fraudulent, offensive, pornographic, harmful to minors, sexually explicit, abusive, racist, liable to incite racial hatred, discriminatory, menacing, seditious, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or otherwise unlawful; (b) which solicit funds or services, or contains advertising; (c) which is subject to copyright or other rights which you do not own and/or have not obtained all necessary licences and/or approvals to post to the website; or (d) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world. 3.6 Subject to Clause 3.6(a) and (b), by posting any content on this website, you grant us a non-exclusive, transferable, assignable, sub-licensable, perpetual, worldwide, irrevocable and royalty-free licence to store, reproduce, distribute, publicly display, transmit to the public, publicly perform, make derivative works using, and otherwise use without restriction, the content you submit in all media, formats and contexts for any purpose including but not limited to the promotion of the yabb service or related business activities. (a) Beyond uses directly associated with provision of the yabb website, we will not exercise the licence granted by you in this Clause 3.6 in respect of any personally identifiable information without first obtaining your consent (for example, we will not quote you by name in any public statement). (b) In the event that you chose to leave the service, we will not store or display content you post on this website longer than is necessary to ensure a coherent service for our users. 3.7 We do not monitor postings to the website and cannot therefore be held responsible for the comments of third parties. You may report any registered user which you feel is in breach of these terms by contacting us. In the event of such a notification to yabb please provide details of the breach of these terms and clearly identify the offending posting, including providing the URL. yabb will consider any written complaint which clearly identifies offending content as soon as reasonably practicable and its decision as to the relevant registered user's ongoing use of the website and service is in our absolute discretion. 3.8 You are solely responsible for resolving any dispute between you and another registered user or users and yabb assumes no responsibility. 4. OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS 4.1 With the exception of any content you and other registered users submit (please see Clause 3.6 above in relation to our licence of your content), the content contained on this website including without limitation, text, graphics, images, designs, logos, trade marks, service marks, trade names, look and feel, software, and source code are the property of yabb and its affiliates and/or our third party licensors and are protected by law. 4.2 yabb grants you the non-exclusive, non-transferable, revocable right to view the website's content and use the associated services subject to these terms. 4.3 Any rights not expressly granted in these terms are reserved. Any use of extracts from this website other than in accordance with this Clause 4 for any purpose is prohibited without yabb's prior written permission. 5. PRIVACY AND SECURITY 5.1 yabb takes the issue of your privacy seriously. For more information on how yabb and our affiliates use and protect the personal information you may provide through this website, you can review our privacy policy. By using this website you consent to the processing set out in this website and our privacy policy and you warrant that all data provided by you is accurate. 5.2 While yabb strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. You may not use or attempt to use this website to collect personal information about other persons or in any other manner that is inconsistent with another person's privacy or personal data protection rights. 5.3 yabb reserves the right to cooperate fully with law enforcement authorities or court orders requesting or directing yabb to disclose the identity of anyone transmitting any materials to or through this website. yabb may also disclose such information if we have a good faith belief that such disclosure is reasonably necessary to protect the rights, property or personal safety of yabb, our third party licensors, users or the public. 6. THIRD-PARTY CONTENT 6.1 You should be aware that while using this website you could be directed to other websites by links and other features found on this website. Such other websites may have their own separate terms and conditions. If you click on those links or other features, you may be visiting a website that is not owned or operated by yabb and over which yabb has no control. These other websites may collect data, solicit personal information and generate cookies on your computer in a manner different from this website. These other websites may also contain information that you may find inappropriate or offensive. 6.2 yabb is in no way responsible for the content or availability of information found on any website owned by a third party that may be linked to yabb's website by a hyperlink, whether such hyperlink is provided by yabb or by a third party. By providing access to third party websites or advertisements, yabb is not endorsing the products or services provided by the owner or operator of such websites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party websites linked to this website. 7. VIRUSES, HACKING AND OTHER OFFENCES 7.1 You must not misuse this website by knowingly introducing viruses, trojans, worms or other material which is malicious, technologically harmful or affects the proper functioning of any computer. You must not attempt to gain unauthorised access to this website or any server, computer or database connected to this website. You must not attack this website via any denial-of-service attack. By breaching this provision, you may be committing a criminal offence. We may report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. 7.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it. 8. INDEMNIFICATION 8.1 You hereby indemnify, defend and hold yabb and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms (or claims arising from your account). You agree to fully cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 9. DISCLAIMER 9.1 TO THE FULLEST EXTENT PERMITTED BY LAW, YABB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE OR ASSOCIATED SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE CONTENT ON, THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 9.2 While yabb endeavours to ensure that the website and services are normally available 24 hours a day, yabb shall not be liable if for any reason the website and/or services are unavailable at any time or for any period. Access to the website and/or services may be suspended temporarily and without notice in the case of system failure, maintenance or repair, for reasons beyond yabb's control or in the event that yabb wishes to suspend or cease operations permanently for any other reason. 10. LIMITATION OF LIABILITY 10.1 UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR WHERE WE HAVE (OR OUGHT REASONABLY TO HAVE) PRIOR KNOWLEDGE OF POTENTIAL OR ACTUAL DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY CONTENT, MATERIALS OR FUNCTIONS ON THIS WEBSITE. 10.2 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO YABB, IF ANY, FOR ACCESSING THIS WEBSITE. 10.3 THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION. 11. TERMINATION We may terminate your access to this website and associated services and revoke any licence granted to you by yabb immediately and without notice in our sole discretion if you fail to comply with any provision of these terms or any other term or condition of use posted on this website or if circumstances arise which result in the website or yabb ceasing operation. Upon termination you must cease all use of this website and destroy all materials obtained from this website and any copies. If you have any problems with this website or your use of this website or with these terms your sole and exclusive remedy is to cease using this website and the yabb services. 12. GENERAL PROVISIONS 12.1 These terms shall be governed by and construed in accordance with the laws of England and Wales and the English courts shall have sole jurisdiction over any claim arising from or related to this website. 12.2 If any provision of these terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. 12.3 These terms, along with the privacy policy, constitute the entire agreement between us and supersede any previous arrangement, understanding or agreement between us. You acknowledge that, in entering into this agreement, you have not relied on, and shall have no right or remedy in respect of, any statement, assurance or warranty (whether made negligently or innocently) other than as expressly set out herein. Nothing in this clause shall limit or exclude any liability for fraud. 12.4 No failure or delay in exercising our rights or enforcing these terms shall constitute a waiver or prevent us from exercising rights or enforcing these terms in the future. 12.5 No provision in these terms is intended to be for the benefit of or enforceable by any third party. A person who is not a party to these terms shall have no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these terms. 13. CONTACT If you have any concerns about this website or wish to contact us for any other reason please contact us.