Terms of Use for ABCYA.COM

The Effective Date of these Terms of Use is May 17, 2012

These Terms of Use (“Terms”) apply to the ABCYA.Com web site and its features, as well as any mobile or software application, widgets or online services that post a link to these Terms, whether accessed via computer, mobile device or otherwise (collectively, the “Site”). The Site is owned and controlled by ABCya.com LLC (“ABCya”). IMPORTANT! PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE, INCLUDING WITHOUT LIMITATION, BY INSTALLING OR DOWNLOADING AN APPLICATION, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms do not apply to any other web site or any offline activities by ABCya (unless specifically stated). You agree to these Terms by accessing or using the Site or downloading any application or other content. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE OR DOWNLOAD THE APPLICATION OR OTHER CONTENT.

Please also review the terms of the Site's Privacy Policy

TABLE OF CONTENTS

OWNERSHIP OF SITE CONTENT

YOUR LICENSE TO USE SITE CONTENT ON OUR SITE

APPLICATIONS

INFORMATION AND CONTENT YOU SUBMIT

THIRD PARTY LINKS, CONTENT AND APPLICATIONS

LINKING POLICY

DISCLAIMER OF WARRANTIES

LIMITATION OF LIABILITY; WAIVER

INDEMNIFICATION

TERMINATION

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS


MISCELLANEOUS

OUR RIGHT TO UPDATE THESE TERMS


OWNERSHIP OF SITE CONTENT

YOUR LICENSE TO USE SITE CONTENT ON OUR SITE

APPLICATIONS

INFORMATION AND CONTENT YOU SUBMIT

Any content you submit to ABCya or the Site, through a “contact us” mechanism or otherwise, will be treated as non-confidential and non-proprietary and will not be returned. You agree that ABCya is free to use any ideas or concepts you submit to us for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services; and creating informational articles, without any payment of any kind to you.  

THIRD PARTY LINKS, CONTENT AND APPLICATIONS

LINKING POLICY

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ABCYA OR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS, AGENTS, OR VENDORS (COLLECTIVELY, THE "ABCYA PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SITE. IN ADDITION, THE ABCYA PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE ABCYA PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE ABCYA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE ABCYA PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ABCYA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SITE, INCLUDING DOWNLOADING OR INSTALLING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS
.

LIMITATION OF LIABILITY; WAIVER

INDEMNIFICATION

TERMINATION

LOCATION OF SITE AND TERRITORIAL RESTRICTIONS

GOVERNING LAWS; JURISDICTION; COMMENCEMENT OF ACTIONS

REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

You may not use the Site for any purpose or in any manner that infringes the rights of any third party. ABCya encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), ABCya has a designated agent for receiving notices of copyright infringement and ABCya follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ABCya's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.

If you believe that any content on the Site violates your rights other than copyrights, please provide ABCya with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding the Site or other complaint regarding alleged violation of rights to ABCya’ s copyright agent, who can be reached as follows:


Abcya.com DMCA Copyright Agent

501 Angel Street, Providence, RI UNIT 2
By phone: (855) 250-9249
By email: info [at] abcya [dot] com

MISCELLANEOUS

OUR RIGHT TO UPDATE THESE TERMS

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