yabb

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.