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Inclusion in this website does not constitute an endorsement by us of the companies, products, or services listed. www.babyyap.info© further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. www.babyyap.info© shall not be liable for any damages whatsoever, including but not limited to direct, indirect, special, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of these materials. babyyap.info. (“Babyyap” or “we”) operates babyyap.info, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by babyyap.info include any babyyap.info -branded URL (the " babyyap.info Website"), the babyyap.info instant messaging service, the babyyap.info application developer service and other features (for example, music and video embedded players), babyyap.info mobile services, and any other features, content, or applications offered from time to time by babyyap.info in connection with babyyap.info’s business (collectively, the " babyyap.info Services"). The babyyap.info Services can be hosted in different places in the world at any given time. Any individual interested in using the mentioned material should consult a medical doctor prior to starting the use of any of the given material on this web site or sold through it. Much of this web site and the related products contain information based on the experience and research of the author who do not claim that each article of information has been empirically studied or proven. To do so would preclude sharing this valuable information with you.
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Use by Members. The babyyap.info Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by babyyap.info. babyyap.info reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the babyyap.info Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the babyyap.info Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. 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You represent and warrant that: (i) you own the Material posted by you on or through the babyyap.info Services or otherwise have the right to grant the license set forth in this Section the posting of your Content on or through the babyyap.info Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the babyyap.info Services. The babyyap.info Services contain Material of babyyap.info ("babyyap.info Content"). babyyap.info Material is protected by copyright, trademark, patent, trade secret and other laws, and babyyap.info owns and retains all rights in the babyyap.info Content and the babyyap.info Services. The babyyap.info Services contain Content of Users and other babyyap.info licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Material appearing on or through the babyyap.info Services. babyyap.info performs technical functions necessary to offer the babyyap.info Services, including but not limited to transcoding and/or reformatting Material to allow its use throughout the babyyap.info Services. Material Posted babyyap.info may reject, refuse to post or delete any Material for any or no reason, including Material that in the sole judgment of babyyap.info violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. babyyap.info assumes no responsibility for monitoring the babyyap.info Services for inappropriate Content or conduct. If at any time MySpace chooses, in its sole discretion, to monitor the babyyap.info Services, babyyap.info nonetheless assumes no responsibility for the Material, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any suchMaterial.
Material/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the babyyap.info Services. babyyap.info reserves the right to investigate and take appropriate legal action against anyone who, in babyyap.info 's sole discretion, violates this provision, including without limitation, removing the offending Content from the babyyap.info Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of babyyap.info: is patently offensive and promotes racism, bigotry, hatred or physical violence of any kind against any group or person; harasses or advocates harassment of another person or group; exploits people in a sexual or violent manner; contains inappropriate nudity excessive violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; publicly posts information that poses or creates a privacy or security risk to any person or group ; constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without prior written consent from babyyap.info such as contests, sweepstakes, barter, advertising, or pyramid schemes; Any external link to another website must be accepted by babyyap.info before being posted;includes a photograph or video of another person that you have posted without that person's consent;for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the babyyap.info Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, babyyap.info reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which babyyap.info deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the babyyap.info Services, you acknowledge that you will have caused substantial harm to babyyap.info, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay babyyap.info $50 for each such unsolicited email or other unauthorized commercial communication you send through the babyyap.info Services; circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the babyyap.info Services; activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covering or obscuring the banner advertisements on your personal profile page, or any babyyap.info page via HTML/CSS or any other means; any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the babyyap.info Services or the networks or services connected to the babyyap.info Services; impersonating or attempting to impersonate another Member, person or entity; for band, comedy, filmmaker and other profiles containing a babyyap.info player, copying the code for your babyyap.info Player and embedding it (or directing others to embed it) anywhere other than your band profile on babyyap.info; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the babyyap.info Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
Protecting Copyrights and Other Intellectual Property. babyyap.info respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. babyyap.info has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the babyyap.info Services in a way that constitutes copyright infringement, please send babyyap.info’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the babyyap.info Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Member Disputes. You are solely responsible for your interactions with other babyyap.info Members. babyyap.info reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members. Privacy. Use of the babyyap.info Services is also governed by our Privacy Policy which can be found on the babyyap.info site. By using the babyyap.info, you are agreeing to our Privacy Policy. Limitation on Liability. IN NO EVENT SHALL babyyap.info BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE babyyap.info SERVICES, EVEN IF babyyap.info HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, babyyap.info S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO babyyap.info FOR THE babyyap.info SERVICES DURING THE TERM OF MEMBERSHIP. Export Controls. Software available in connection with the babyyap.info Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the babyyap.info Services or otherwise exported or re-exported in violation of export laws. Downloading or using the Software is at your sole risk. Disputes EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT. LIMITATION OF LIABILITY You acknowledge and agree that your access to and use of the Web Site and the Content is entirely at your own risk and liability. Use of the Web Site Copyright Limited license Trade-marks Linking While babyyap.info encourages links to the Web Site, it does not wish to be linked to or from any third-party Web site which contains, posts or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of babyyap.info , or (ii) any Web site which contains, posts or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trade-mark or other proprietary rights. babyyap.info reserves the right to prohibit or refuse to accept any link to the Web Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web Site upon the request of the babyyap.info . babyyap.info reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without written notice. You agree that the babyyap.info shall not be liable to you or any third party for any modifications, suspension or discontinuance of the Web Site or any part thereof. Downtime Unauthorized use Waiver By using the site babyyap.info and its derived material you admit that: YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |

