Terms of services
Welcome to Yabbly, Inc! The services and content available at www.yabbly.com
and all linked pages ("Yabbly, Inc Site") owned or operated by Yabbly,
Inc., a Delaware corporation ("Yabbly, Inc", "us" or
"we"), and our mobile gaming applications ("Yabbly, Inc Games") may
be accessed by you only subject to the Terms of Service described below
("Terms of Service"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE
USING THE YABBLY, INC SITE OR GAMES. BY ACCESSING THE YABBLY, INC SITE OR GAMES
OR USING ANY PART OF THE SITE OR GAMES, YOU AGREE TO BECOME BOUND BY THESE TERMS
OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS OF SERVICES, THEN YOU MAY NOT
ACCESS THE YABBLY, INC SITE OR GAMES (AS APPLICABLE). YABBLY, INC ACCEPTANCE IS
EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS OF SERVICE, TO THE
EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER
BY YABBLY, INC ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Modifications to Terms of Service
We reserve the right, at our sole discretion, to modify or replace the Terms
of Service (including any part thereof) at any time. If the alterations
constitute a material change to the Terms of Service, we will endeavor to notify you via
email. What constitutes a "material change" will be determined at our
sole discretion, in good faith and using common sense and reasonable judgment.
You shall be responsible for regularly reviewing these terms and becoming
familiar with any such modifications. Your use of the Yabbly, Inc Site or Games
following any modification (and, if material, the applicable notification) constitutes
your acceptance of the terms and conditions of the Terms of Service as modified.
There may be additional terms and conditions if you use affiliate services,
other Yabbly, Inc services or products, or third-party software and/or services.
Description of Yabbly, Inc Site and Games
The Yabbly, Inc Site and Games may include, without limitation, text, user
comments, messages, information, data, graphics, news articles, photographs,
images, illustrations, software, audio clips and video clips. We may change, suspend
or discontinue the Yabbly, Inc Site or Games (including any part thereof) for
any reason, at any time, including the availability of any feature or part of the
available content. We may also impose limits on certain features and services or
restrict your access to parts or all of the Yabbly, Inc Site or Games without
notice or liability. All materials contained on the Yabbly, Inc Site and Games,
including without limitation text, graphics, icons, images and software, are the
property of Yabbly, Inc or its content suppliers and are protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of Yabbly, Inc. You may not alter or remove any
trademark, copyright, patent or other notice from copies of content. Yabbly, Inc
respects copyright law and expects our account holders to do the same.
Unauthorized copying or distribution of copyrighted works is an infringement of the
copyright holders rights. Yabbly, Inc may terminate the account of any user who
Yabbly, Inc believes, in its sole discretion, has infringed upon the copyright or
other intellectual property right of others. You may review our copyright notice.
Yabbly, Inc and all other Yabbly, Inc logos and trade names are trademarks or
registered trademarks of Yabbly, Inc. All trademarks used on the Yabbly, Inc Site
are the property of their respective owners.
Advertising Acknowledgement
You acknowledge and agree that Yabbly, Inc may include advertisements on the
Yabbly, Inc Site and within the Yabbly, Inc Game end user experience. These
advertisements may include banner ads and promotions on the Yabbly, Inc Site, as
well as sponsor logos, interstitial ads and interactive ads within the Yabbly, Inc
Games as determined in Yabbly, Inc sole discretion.
Your Registration Obligations
As a condition to using some or all of the Yabbly, Inc Site and Games, you
are required to register with Yabbly, Inc and select a password and screen name
("Yabbly, Inc Member ID"). You shall provide Yabbly, Inc with accurate,
complete, and updated registration information. Failure to do so shall
constitute a breach of the Terms of Service, which may result in immediate termination of
your Yabbly, Inc account. You may not (i) select or use as an Yabbly, Inc Member
ID a name of another person with the intent to impersonate that person; (ii) use
as an Yabbly, Inc Member ID a name subject to any rights of a person other than
you without appropriate authorization; or (iii) use as an Yabbly, Inc Member ID
a name that is otherwise offensive, vulgar or obscene. Yabbly, Inc reserves the
right to refuse registration of, or cancel an Yabbly, Inc Member ID in its sole
discretion. You shall be responsible for maintaining the confidentiality of your
Yabbly, Inc password. To register and receive services (including access to
the Yabbly, Inc Games and portions of the Yabbly, Inc Site) you must be at least
18 years old, whether acting on your own behalf or as an authorized employee or
representative of a corporation or other business entity. If you are not 18
years old but you are at least 13 years old, you may still receive services, but
only if your account was created and registered by your parent or guardian.
Further, you may only become a registered user if you live in a country or other
political division that permits membership. If you do not so qualify, do not attempt
to register for or use the services. This Agreement will be void and without
effect, and you will not be entitled to any services, if you do not satisfy these
age and jurisdiction requirements.
Your Use of the Yabbly, Inc Site and Games
You agree that you will not use any robot, spider, other automatic device, or
any manual process to monitor, copy, modify, distribute, or publish any web
pages within the Yabbly, Inc Site or the content contained thereon without our prior
written consent. You also agree that you will not frame any portion of the
Yabbly, Inc Site without our prior written consent. Your use of and access to the
Yabbly, Inc Site and Games are subject to all applicable local, state, national
and international laws and regulations, and you agree not to violate such laws
and regulations in your use of and access to the Yabbly, Inc Site and Games. In
addition, you agree that: 1. you will not interfere with another member's use
and enjoyment of Yabbly, Inc;
2. you will not interfere with or disrupt Yabbly, Incs' security measures;
3. you will not interfere with or disrupt networks connected to Yabbly, Inc
and will comply with all regulations, policies and procedures of such networks;
and
4. you will comply with United States law regarding the transmission of
technical data exported from the United States with respect to or relating to any of
your dealings with Yabbly, Inc.
Indemnification of Yabbly, Inc
You agree to indemnify and hold Yabbly, Inc, as well as its parents,
subsidiaries, affiliates, officers, shareholders, employees and independent contractors
harmless from any loss, liability, damages and expenses (including without
limitation reasonable attorney fees) resulting from any claim or demand made by any
third party arising out of or in connection with your use of the Yabbly, Inc Site
and Games, your violation of these Terms of Service, or your violation of the
rights of any third party.
Termination
We may terminate or suspend any Yabbly, Inc account immediately, without
prior notice or liability, if you (1) breach any of the terms or conditions of the
Terms of Service, or (2) engage in any conduct that we, in our sole discretion,
believe is in violation of any applicable law or regulation or is otherwise
harmful to the interests of Yabbly, Inc, any Yabbly, Inc user, or any third party.
Upon termination of your account, your right to access and use the Yabbly, Inc
Site and Games will immediately cease. All provisions of the Terms of Service which
by their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity
obligations and limitations of liability. If your account is terminated, we may,
but are not required to, remove some or all of your content from our servers.
If you want to stop receiving email or text message communications from Yabbly,
Inc (but not terminate your account) you can a) send a text message to XXXXX with
the word "STOP" to stop text messages.
Reservation of Rights; Restrictions
All rights not expressly granted to you by Yabbly, Inc in this Agreement are
reserved. You understand and agree that (i) any software provided to you in
connection with the Yabbly, Inc is licensed to you and not sold, not withstanding
the use of words such as "buy," "purchase," "sell,"
and the like; and (ii) Yabbly, Inc and its licensors retain title to the Yabbly,
Inc Site and Games (and all modifications, improvements and derivatives thereof)
and all associated copyrights, trademarks, and other intellectual property
rights therein.
Yabbly, Inc Subscription and Limited Games License
Subject to your compliance with all the terms and conditions of the Terms of
Service, and your timely payment of all applicable fees, Yabbly, Inc grants you
a personal, non-sublicensable, non-transferable, non-exclusive license to
download, install and use Yabbly, Inc Games: (i) solely on the mobile communication
device specified by you at the time of delivery (the "Designated
Device"); (ii) solely via the mobile communications carrier specified by you at the
time of delivery (the "Carrier"); and (iii) solely for your personal
noncommercial use only (the "License"). If the Yabbly, Inc Game was
provided to you on a no-charge basis, then your License is effective only during
the trial period specified at the time of delivery, unless you purchase a full-use
license or a subscription at the end of the trial period. If the Yabbly, Inc
Game was provided to you as part of a subscription service
("Subscription"): (1) the License is effective only during the period you remain a
subscriber to such Yabbly, Inc service and your Subscription is in good standing; (2)
Yabbly, Inc reserves the right to change its Subscription catalog offerings at any
time without notice; and (3) you can only access Yabbly, Inc Games
then-available in the Yabbly, Inc Subscription catalog. FOR THE AVOIDANCE OF DOUBT, YOU
WILL NOT BE ABLE TO ACCESS YABBLY, INC GAME YOU HAVE DOWNLOADED AS PART OF YOUR
SUBSCRIPTION IF SUCH YABBLY, INC GAME IS NO LONGER AVAILABLE IN YABBLY, INC THEN
CURRENT GAME SUBSCRIPTION CATALOG. Your Subscription will continue and renew
automatically (and you will be billed accordingly) unless terminated or cancelled
by you in accordance with the procedures outlined on the Yabbly, Inc website or
in the Carrier's applicable policies. Yabbly, Inc may suspend or terminate
your Subscription and access to the Yabbly, Inc Games immediately if Yabbly, Inc
determines (in its sole discretion) that you are in violation of the Terms of
Services. If your Subscription is suspended or terminated pursuant to this
paragraph, you will not receive any refund of any subscription fees previously charged to
your account.
Yabbly, Inc User Conduct
As a condition of use, you promise not to use the Yabbly, Inc Site or Games
for any purpose that is unlawful or prohibited by these Terms of Service, or any
other purpose not reasonably intended by Yabbly, Inc. By way of example, and
not as a limitation, you agree not to use the Yabbly, Inc Site or Games:
(a) to abuse, harass, threaten, impersonate or intimidate other Yabbly, Inc
users;
(b) to contribute any content that is infringing, libelous, defamatory,
obscene, pornographic, abusive, offensive or otherwise violates any law or right of
any third party;
(c) for any illegal or unauthorized purpose (if you are an international
user, you agree to comply with all local laws regarding online conduct and
acceptable content);
(d) to post or transmit, or cause to be posted or transmitted, any
communication or solicitation designed or intended to obtain password, account, or private
information from any Yabbly, Inc user;
(e) to, except as expressly permitted by Yabbly, Inc, copy, modify,
distribute, adapt or hack the Site, Games or any Content or to modify another website so
as to falsely imply that it is associated with the Site;
(f) to create or submit unwanted email or SMS messages ("Spam") to
any other Yabbly, Inc user or any URL;
(g) to violate any laws in your jurisdiction (including but not limited to
copyright laws);
(h) to submit stories or comments linking to affiliate programs, multi-level
marketing schemes, sites/blogs repurposing existing stories (source hops), or
off-topic content;
(i) to create separate user accounts with the intention of artificially
inflating the "Yabbly, Inc count", blog count, comments, or any other
Yabbly, Inc metric or service;
(j) after Yabbly, Inc has refused registration of, or canceled your Yabbly,
Inc Member ID, whether by attempting to register using a different Yabbly, Inc
Member ID or otherwise circumventing the account registration process;
(k) to create an Yabbly, Inc Member ID using "bots" or any other
automated process, or to register an Yabbly, Inc Member ID with the intention of
preventing others from registering such Yabbly, Inc Member ID;
(l) to violate any traditionally accepted rules governing contact between
adults and minors (anyone under 18), including respect for privacy and restraints
on language and behavior. Traditionally accepted rules prohibit improper
overtures, sexually suggestive activity and prying questions in contact between adults
and minors;
(m) to impersonate any other person including, but not limited to, any
Yabbly, Inc employee or other user of the Yabbly, Inc Site or Games, or to otherwise
falsely claim to be authorized to act by or on behalf of Yabbly, Inc or other
users of the Site or Games (e.g. an Yabbly, Inc Game Master); or
(n) to create or distribute software viruses, Trojan horses, worms, time
bombs, cancelbots or any other computer code or files that are designed to disrupt,
damage, or limit the functioning of any software or hardware. You shall not
(and you shall not permit others to), directly or indirectly, modify, translate,
decompile, disassemble, or reverse engineer any part of (or any content
available through) the Yabbly, Inc Site or Games (except to the limited extent
applicable laws specifically prohibit such restriction); or rent, lease, or otherwise
transfer any of the rights that you receive hereunder.
Copyright Complaints
Yabbly, Inc respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please follow Yabbly, Inc's Notice and Procedure for Making Claims of Copyright
Infringement, available at http://www.yabbly.com.
Warranty Disclaimers
Third Party Content. Much of the content displayed in connection with the
Yabbly, Inc Site and Games is developed by people over whom Yabbly, Inc exercises
no control. Accordingly, the Yabbly, Inc Site and Games may include (or direct
you to sites containing) content that some people find objectionable,
inappropriate, or offensive. Yabbly, Inc cannot guarantee that your use of the Yabbly, Inc
Site and Games will not expose you to unintended or objectionable content and
Yabbly, Inc assumes no responsibility for what effects the content may have on you,
how you may interpret or use the content, or what actions you may take as a
result of having been exposed to the content. You hereby release Yabbly, Inc from
all liability for you having acquired or not acquired content through the Yabbly,
Inc Site and Games. Yabbly, Inc makes no representations concerning any content
contained in or accessed through the Yabbly, Inc Site and Games, and Yabbly, Inc
will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Yabbly, Inc Site
and Games. GENERAL DISCLAIMER. THE YABBLY, INC GAMES, SITE, AND SERVICES ARE
PROVIDED ON AN ÒAS ISÓ BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
Links
The Yabbly, Inc Site and Games may provide, or third parties may provide,
links to other World Wide Web sites or other resources. Because Yabbly, Inc has no
control over such sites and resources, you acknowledge and agree that Yabbly,
Inc 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 Yabbly, Inc 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.
Limitation of Liability
IN NO EVENT SHALL YABBLY, INC OR ITS SUPPLIERS OR LICENSORS BE LIABLE UNDER
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH
RESPECT TO THE YABBLY, INC SITE, GAMES, SERVICES OR ANY CONTENT (I) FOR ANY LOST
PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY
DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
© Copyright 2007 Yabbly, Inc. All Rights Reserved.