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Terms of Service Agreement

Acceptance of Terms:

Yabberz Inc. ("Yabberz") welcomes you. Yabberz.com provides a social news platform that allow users to make comments, collect points on comments, build networks with other commentators, have discussions, post bulletins, search for comments on current events, rate your fellow commentators, personalize your content, build a website audience, interact with other users, post links and photos, among other features (collectively Yabberz.com or Site or Yabberz Services) . You are solely responsible for your use of any features and you use them at your own risk. These Terms of Service (TOS) and the YABBERZ Privacy Policy, set forth the terms and conditions that apply to your use of YABBERZ.com. YOUR USE OF THE SERVICES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE AND ALL OF YABBERZ’S RULES AND RESTRICTIONS RELATED TO THE SERVICES, AS THEY MAY CHANGE FROM TIME TO TIME. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THE SITE. FROM TIME TO TIME, WE MAY PROVIDE ADDITIONAL SERVICES. YOU MAY BE ASKED IN THE FUTURE TO AGREE TO ADDITIONAL TERMS BEFORE YOU CAN ACCESS THESE ADDITIONAL SERVICES. REGARDLESS OF WHETHER THIS OCCURS, YOUR CONTINUED USE OF THE SITE OR SERVICES WILL CONSTITUTE YOUR ACCEPTANCE OF THESE ADDITIONAL TERMS.

Registration and Eligibility:

In consideration of your use of the Yabberz.com, you represent that you are of legal age to form a binding contract and are not a person barred from receiving under the laws of the United States or other applicable jurisdiction. By utilizing the Yabberz Services, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on YABBERZ.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and YABBERZ. You also agree to: (a) provide true, accurate, current and complete information about yourself on the Site and (b) maintain and promptly update information about yourself on the Site to keep it true, accurate, current and complete. During the registration process, you may be required to choose a password. You acknowledge and agree that Yabberz may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with the provisions of these Terms of Service. You must notify Yabberz immediately of any breach of security or unauthorized use of your account. Yabberz cannot and will not be liable for any loss or damage caused by any unauthorized use of your account. By registering for a Yabberz.com account, you automatically grant YABBERZ all comments or Users Content you have publicly made available on the world wide web the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such public comments or Users Content made available by you on the world wide web.

User Guidelines and Conduct:

You understand that all information, links, sounds, music, data, text, photographs, graphics, video, messages, tags, or other materials whether publicly posted or privately transmitted ("User Content"), are the sole responsibility of the person from whom such User Content originated. This means that you, and not Yabberz, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via Yabberz. Yabberz does not control User Content posted on the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Yabberz Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Yabberz be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Yabberz Services.

You agree to abide by the following rules of conduct:
  • You agree not to upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • You agree not to upload, post, transmit or otherwise make available any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
  • You agree not to upload, post, transmit or otherwise make available any User Content that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
  • You agree not to upload, post, transmit or otherwise make available any User Content, without YABBERZ's express prior approval, which contains unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  • You agree not to upload, post, transmit or otherwise make available any User Content, that does not generally pertain to the designated topic or theme of any Yabberz Services;
  • You agree not to upload, post, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • You agree not to upload, post, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • You agree not to upload, post, transmit or otherwise make available any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
  • You agree not to upload, post, transmit or otherwise make available any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of YABBERZ.com, use of YABBERZ.com, or access to YABBERZ.com;
  • You agree not to impersonate any person or entity, including, but not limited to, any YABBERZ employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about YABBERZ.com users or posting private information about a third party;
  • You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  • You agree not to upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • You agree not to upload, post, email, transmit, or otherwise make available any material disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Yabberz Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • You agree not to interfere with or disrupt Yabberz.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Yabberz.com, including using any device, software or routine to bypass our robot exclusion headers;
  • You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by YABBERZ.com;
  • You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by YABBERZ;

Any conduct that in YABBERZ's sole discretion restricts or inhibits anyone else from using or enjoying YABBERZ.com will not be permitted. YABBERZ reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. YABBERZ is not responsible for User Content submitted to YABBERZ.com or posted in comments sections, About me pages, on bulletin boards or on any Yabberz Services by users of YABBERZ.com.

Monitoring:

YABBERZ shall have the right, but not the obligation, to monitor User Content posted or uploaded to YABBERZ.com to determine compliance with these Terms of Service and any operating rules established by YABBERZ and to satisfy any law, regulation or authorized government request. Although YABBERZ has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to YABBERZ.com, YABBERZ reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to YABBERZ.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense. You acknowledge, consent and agree that Yabberz.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Yabberz, its users and the public.

License to User Content:

By submitting User Content to YABBERZ.com, you automatically grant YABBERZ the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant YABBERZ the right to pursue at law any person or entity that violates your or YABBERZ's rights in the User Content by a breach of these Terms of Service.

User Content submitted by you will be considered non-confidential and YABBERZ is under no obligation to treat such User Content as proprietary information except pursuant to theYABBERZ Privacy Policy. Without limiting the foregoing, YABBERZ reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. YABBERZ is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to the Site. YABBERZ shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

Moral Rights:

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by YABBERZ or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release YABBERZ, and its licensees, successors and assigns, from any claims that you could otherwise assert against YABBERZ by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.

Third Party Content:

YABBERZ is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of YABBERZ.com, are those of the respective author(s) or distributor(s) and not of YABBERZ. Neither YABBERZ nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through YABBERZ.com represents the opinions and judgments of the respective user or information provider not under contract with YABBERZ. YABBERZ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on YABBERZ.com by any third party. Under no circumstances will YABBERZ be liable for any loss or damage caused by your use or reliance on information obtained through YABBERZ.com. YABBERZ is not responsible for any actions or inaction on your part based on the information that is presented on YABBERZ.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through YABBERZ.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Links:

Yabberz.com may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Yabberz 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 Yabberz 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.

Virtual Items And Points:

Yabberz owns, has licensed, or otherwise has rights to use all of the content that appears in the Yabberz Service. Notwithstanding any provision to the contrary herein, you agree that you have no right to the Virtual Items and Points appearing or originating in any, whether earned in a Yabberz or purchased from Yabberz, or any other attributes associated with an Account or stored on the Yabberz Service. Yabberz prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Yabberz Service, or the purported sale, gift or trade in the "real world" of anything that appears or originates on the Site, unless otherwise expressly authorized by Yabberz in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell Yabberz Virtual Items or Points for "real" money, or exchange Virtual Items or Points for value of any kind outside of a Yabberz, without Yabberz's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

Fees and Purchase Terms:

Purchases

  • In the Yabberz Service you may purchase, with "real world" money Virtual Items and or Points.
  • PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEM OR POINTS ARE NON-REFUNDABLE.
  • You can purchase Virtual Items by visiting the purchase page on our site, provide your billing information, confirm the particulars of your purchase and re-affirm your agreement to these Terms. When you purchase Virtual Items or Points from our Service, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Yabberz keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms and Yabberz is not a party to the transaction.
  • For Virtual Items or Points, we make the Virtual Items or Points available in your account for you to use in at Yabberz or debit your credit card, whichever comes first.
  • Virtual Items or Points for use in Yabberz Services is a service provided by Yabberz that commences upon acceptance by Yabberz of your purchase or redemption of third party virtual currency. By ordering Virtual Items or Points you agree and accept that Yabberz will provide it to you promptly following completion of your purchase. Please note that if you purchase Virtual Items or Points, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.

Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Yabberz may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT YABBERZ IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR POINTS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Advertisements and Promotions:

YABBERZ may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Yabberz.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Yabberz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Site.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY:

YOU EXPRESSLY AGREE THAT USE OF YABBERZ.COM IS AT YOUR SOLE RISK. NEITHER YABBERZ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT (i) YABBERZ.COM OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE YABBERZ.COM OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY INFORMATION, SERVICE, SOFTWARE, OR MERCHANDISE PROVIDED THROUGH YABBERZ.COM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH YABBERZ.COM OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS ON THE SITE OR IN THE SOFTWARE WILL BE CORRECTED. YABBERZ.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YABBERZ.COM OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YABBERZ.COM OR SHALL CREATE ANY WARRANTY. NEITHER YABBERZ, ITS AFFILIATES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL YABBERZ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING YABBERZ.COM OR THE YABBERZ.COM SOFTWARE, SHALL BE LIABLE TO YOU FOR ANY PUNITIVE, 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 YABBERZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE YABBERZ.COM; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON YABBERZ.COM; OR (e) ANY OTHER MATTER RELATING TO YABBERZ.COM. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, YABBERZ, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN YABBERZ.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER YABBERZ, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

Indemnification:

You agree to defend, indemnify and hold harmless Yabberz, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Yabberz.com by you or your Account, including, without limitation, any claims or allegations made that you have violated the intellectual property rights, privacy rights, or rights of publicity of any third party.

Termination:

You may terminate your Yabberz account by submitting such termination request to Yabberz.
You agree that Yabberz may,without prior notice, immediately terminate, limit your access to or suspend your Yabberz account. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to Yabberz.com (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with Yabberz.com. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Yabberz's sole discretion. Yabberz shall not be liable to you or any third party and shall not be required to provide refunds, benefits, other compensation for any termination of your account.
Termination of your Yabberz account includes any or all of the following: (a) removal of access to all or part of the offerings within Yabberz.com, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of Yabberz.com.
Yabberz reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your ability to use the Service or a part thereof will be automatically terminated or suspended. In such event, Yabberz shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

Modification:

Yabberz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Yabberz.com(or any part thereof) with or without notice. You agree that Yabberz shall not be liable to you or to any third party for any modification, suspension or discontinuance of Yabberz.com (or any part thereof).

Trademarks:

YABBERZ own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on YABBERZ.com are the property of their respective owners.

Miscellaneous:

Entire Agreement. The TOS constitutes the entire agreement between you and Yabberz and governs your use of the Yabberz.com, superseding any prior version of this TOS between you and Yabberz with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services on Yabberz.com, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Yabberz each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Yabberz, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Yabberz agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Yabberz to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Yabberz account is non-transferable and any rights to your Yabberz ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use Yabberz.com or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.

Copyrights:

Yabberz respects the intellectual property of others, and we ask our users to do the same. Yabberz may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Yabberz's Copyright Agent the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


For copyright inquiries under the Digital Millennium Copyright Act please contact:

Copyright Agent
Yabberz Inc.
P.O. Box 1348,
Mountain View CA 94040
Email:copyright@yabberz.com



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