"YaBBWs.com" (also known as "Yet another Bulletin Board Website") is an Owner Operated Website with its principal place of business located in Chester County, Pennsylvania. YaBBWs.com operates an online message board on the World Wide Web of the Internet at http://yabbws.com/YaBB.pl (refered to as the "YaBBWs.com Service"). These Terms of Service apply to the YaBBWs.com Service as well as any new products or services that we may add in the future (unless stated otherwise).
Please be aware that YaBBWs.com may also operate a Sweepstakes. In order to register with YaBBWs.com and in order to paricipate in the YaBBWs.com Sweepstakes, you must be 13 or older and a resident of either the U.S. and its territories or Canada (excluding the Province of Quebec). The rules applicable to participation in the YaBBWs.com Sweepstakes, which are incorporated herein by reference may be found here.
General Terms of Service and, Restrictions on Use of Materials
By using the YaBBWs.com Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, YaBBWs.com reserves the right to terminate your access to the YaBBWs.com Service. YaBBWs.com may discontinue or alter any aspect of the YaBBWs.com Service, including, but not limited to, (i) restricting the time the YaBBWs.com Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the YaBBWs.com Service, at YaBBWs.com's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the YaBBWs.com Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the YaBBWs.com Service. You further certify that you are an individual and, if you are participating in a YaBBWs.com Sweepstakes, that you are 13 or older.
In order to permit YaBBWs.com to protect the quality of its products and services, you hereby consent to YaBBWs.com employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. YaBBWs.com shall not disclose the existence or occurrence of such an investigation unless required by law.
You acknowledge that the YaBBWs.com Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and YaBBWs.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The YaBBWs.com name and logo are trademarks of Timothy Jay Alexander. All other trademarks appearing on the YaBBWs.com Service are trademarks of their respective owners. YaBBWs.com's partners may also have additional proprietary rights in the content which they make available through the YaBBWs.com service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by YaBBWs.com, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by YaBBWs.com. YaBBWs.com does not transfer title of the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Registration Requirements
If you elect to register to use the YaBBWs.com Service and/or participate in a YaBBWs.com Sweepstakes, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the YaBBWs.com Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or YaBBWs.com has reasonable grounds to suspect that such is the case, YaBBWs.com has the right to suspend or terminate your account and refuse any and all current or future use of the YaBBWs.com Service (or any portion thereof).
Acceptance of Terms
Service is provided to you subject to the following Terms which may be updated from time to time without notice to you. You can review the most current version of the Terms at any time by clicking on the Terms icon at the bottom of any page.
YaBBWs.com's Privacy Policy
Pursuant to YaBBWs.com's privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service or Sweepstakes Rules.
Community Standards and Conduct in YaBBWs.com Forums
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the YaBBWs.com Service. YaBBWs.com does not control all of the Content posted via the YaBBWs.com Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the YaBBWs.com Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YaBBWs.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the YaBBWs.com Service.
You agree to not use the YaBBWs.com Service (including the YaBBWs.com Forums described below) to:
It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member private messages unless required in the course of normal maintenance of YaBBWs.com Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on YaBBWs.com; (2) protect and defend the rights or property of YaBBWs.com; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.
All YaBBWs.com Forum communications, including chat and bulletin board communications are public and not private communications. Although YaBBWs.com reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Your privilege to use the YaBBWs.com Forums and contribute to discussions on the YaBBWs.com Forums depends on your compliance with the member conduct guidelines set forth above. YaBBWs.com may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, YaBBWs.com, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.
Parental permission is required for children 12 years of age or under to use any YaBBWs.com Forums. Please remember, when using any YaBBWs.com services or Forums, you agree to abide by the member conduct guidelines set forth above. YaBBWs.com does not permit registered users under the age of 18 to participate in chat.
YaBBWs.com reserves the right to monitor some, all, or no areas of YaBBWs.com Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, YaBBWs.com is acting as a passive conduit for such distribution and YaBBWs.com is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.
Submissions
If at our request you send content (e.g., postings to chat, boards, or contests) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of YaBBWs.com. None of the Submissions shall be subject to any obligation of confidence on the part of YaBBWs.com, and YaBBWs.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, YaBBWs.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Links
The YaBBWs.com Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because YaBBWs.com has no control over such sites and resources, you acknowledge and agree that YaBBWs.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that YaBBWs.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DISCLAIMER
YaBBWs.com uses diligent efforts to maintain the YaBBWs.com Service, but YaBBWs.com is not responsible for any defects or failures associated with the YaBBWs.com Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, YaBBWs.com makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the YaBBWs.com Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the YaBBWs.com Service may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE YaBBWs.com SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. YaBBWs.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION. YaBBWs.com MAKES NO WARRANTY THAT THE YaBBWs.com SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE YaBBWs.com SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE YaBBWs.com SERVICE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YaBBWs.com SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM YaBBWs.com PERSONNEL OR THROUGH THE YaBBWs.com SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Shopping Retailers
The YaBBWs.com Service may provide shopping services to help you locate and potentially purchase products from online and offline retailers. YaBBWs.com does not, however, control these independent retailers and YaBBWs.com does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.
When shopping by means of services provided by YaBBWs.com you acknowledge and agree that:
YaBBWs.com does not endorse any of the products or services ("Merchandise") linked to from or through the YaBBWs.com Service, nor has YaBBWs.com taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through YaBBWs.com or their own web sites. YaBBWs.com expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YaBBWs.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YaBBWs.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE YaBBWs.com SERVICE AND/OR PARTICIPATE IN A YaBBWs.com SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE YaBBWs.com SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE YaBBWs.com SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE YaBBWs.com SERVICE OR OPERATION OF A YaBBWs.com SWEEPSTAKES. IN NO EVENT SHALL MIND-N-MAGICK.COMıS 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, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS YaBBWs.com, TIMOTHY JAY ALEXANDER, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY YaBBWs.com OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that YaBBWs.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the YaBBWs.com Service, and remove and discard any Content within the YaBBWs.com Service, for any reason, including, without limitation, for lack of use or if YaBBWs.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. YaBBWs.com may also in its sole discretion and at any time discontinue providing the YaBBWs.com Service, or any part thereof, with or without notice. Subject to any rights you may have under the Sweepstakes Rules, you agree that any termination of your access to the YaBBWs.com Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that YaBBWs.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the YaBBWs.com Service. Further, you agree that YaBBWs.com shall not be liable to you or any third-party for any termination of your access to the YaBBWs.com Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Chester County, in the Commonwealth of Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be 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. This is the entire agreement between you and YaBBWs.com relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of YaBBWs.com's successors, assigns and licensees.
COPYRIGHT AND COPYRIGHT NOTICES
YaBBWs.com respects the intellectual property of others, and we ask our users to do the same. YaBBWs.com may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide YaBBWs.com's Copyright Agent the following information:
Timothy Alexander
Copyright Agent
YaBBWs.com
700 5th Ave
Parkesburg, PA 19365
610-857-1907
copyright@yabbws.com
İ 2007-2008 YaBBWs.com
All Rights Reserved.