Terms of Service
1. Acceptance of Terms
YABA ("YABA.com", "YabberChat.com" & "YabberChat.net" & "YabberChat.org"), provides it’s Service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular YABA Services, you shall be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Please help us keep YABA an enjoyable and positive experience. If you see anything that violates the Terms of Service below, please let us know by contacting us.
2. Description of Service
YABA currently provides users with access to a rich collection of on-line resources, including but not limited to, various communications tools, online forums, user blogs, albums, polls, email, search facilities and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new YABA properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that YABA assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalised settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based Content, and pay any Service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that YABA has created certain areas on the Service that may contain adult or mature orientated material not suitable for some viewers.
You must be at least 18 years of age to access and view this site unless under the supervision of an adult guardian. By using this site you certify that you are 18 years of age or older or have permission and supervision from a guardian at all times. Under the law it is illegal to use this site if you are under the age of 13 years.
3. Your Registration Information Obligations
In consideration of your use of the Service, you agree to:
In particular to register, you must provide your real name and email address where required. If you provide any information that is untrue, inaccurate, not current or incomplete, or if YABA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YABA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. SYSOP Member Accounts, Passwords and Security
You will receive augmented administration functions on your account designation upon passing the review process and acceptance by you of the responsibility of performing various system operator (“SYSOP”) tasks on the YABA Service. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account.
You agree to:
6. User Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not YABA, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. YABA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YABA 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 Service.
You agree to not use the Service to:
You acknowledge that YABA does not pre-screen Content, but that YABA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, YABA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by YABA or submitted to YABA, including without limitation information in YABA chat rooms, blogs, and in all other parts of the Service.
You acknowledge and agree that YABA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
In addition should your account be suspended due to non-compliance with these terms or any site regulations and rules, then you relinquish all rights to any content or communication made whilst using the service. This information may be used for any purpose we choose including publication.
You understand that the technical processing and transmission of the Service, including your Content, may involve:
7. Special Admonitions for International Use
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America and the country in which you reside.
8. Public Content
9. Indemnity and Release
We have no control over the Content of the Service. You agree to indemnify and hold YABA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. No Resale or Publication of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. Practices Regarding the Use and Storage
You acknowledge that YABA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on YABA's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that YABA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that YABA reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that YABA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications to Service
YABA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that YABA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that YABA, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if YABA believes that you have violated or acted inconsistently with the letter or spirit of the TOS. YABA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that YABA 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 Service. Further, you agree that YABA shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because YABA has no control over such sites and resources, you acknowledge and agree that YABA 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 YABA 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.
15. YABA's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by YABA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YABA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by YABA for use in accessing the Service.
16. Disclaimer of Warranties
You expressly understand and agree that:
17. Limitation of Liability
You expressly understand and agree that YABA 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 YABA has been advised of the possibility of such damages), resulting from:
If you are a resident of Australia, you agree that YABA's liability for any breach of a condition or warranty implied by Division 2 of Part v of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the Service shall be limited as follows:
18. Exclusions and Limitations
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 of sections 17 and 18 may not apply to you.
YABA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
20. General Information
The TOS constitute the entire agreement between you and YABA and govern your use of the Service, superseding any prior agreements between you and YABA. You also may be subject to additional terms and conditions that may apply when you use affiliate Services, third-party Content or third-party software. The TOS and the relationship between you and YABA shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and YABA agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales. The failure of YABA 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 endeavour 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. 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 of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between YABA and any user of the YABA Service. Any notice to you or to us shall be made by either email or regular mail. We may also give notice of changes to these terms and conditions or other matters by displaying notices to users on the Service. You agree not to resell or assign your rights or obligations under these terms and conditions. You also agree not to make any unauthorised commercial use of the Service.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms of Service.