TERMS OF USE
Abcya.com, LLC (“Abcya.com”) provides the Abcya.com website (“Website”) subject to the following terms (“Terms of Use”). By visiting the Website or contacting us via e-mail, you acknowledge that communications we provide you via e-mail or posting to this Website meet all legal requirements that the communications be in writing.
If you do not agree to these Terms of Use, do not register with or enter this Website. By using the Website, you are agreeing to comply with the Terms of Use and the terms of the Abcya.com Privacy Policy.
You acknowledge that from time to time, Abcya.com may change the terms of these Terms of Use without notice to you. All such modifications shall become effective immediately and govern any subsequent use of the Website by you, please check these Terms of Use and the Privacy Policy before using the Website to determine whether a change has been made. Your continued use of the Website after the posting of any changes shall constitute your agreement with, and acceptance of, such changes.In the event you do not agree to abide by such modifications, you must not use the Website in any manner.
VIOLATIONS
Violations of these Terms of Use entitle Abcya.com to receive from you minimum damages in the amount of $500 for each violation, plus attorney fees. This is in addition to damages awarded to other wronged parties.
Contacting a poster of information to the Website for any purpose other than the one implied by the posted information, or contacting a poster after receiving instructions not to contact them, entitles the poster and/or Abcya.com to receive from you minimum damages in the amount of $500 for each violation, plus attorney fees.
Using Content in violation of these TERMS OF USE entitles Abcya.com to receive from you minimum damages in the amount of $500 for each violation, plus all reasonable attorney fees associated therewith.
WEBSITE CONTENT
All information and content available on the Website, including, but not limited to: photographs, text, logos, icons, data compilations and designs (collectively "Content
") is owned by Abcya.com and/or Abcya.com’s other licensors and is protected under United States and international intellectual property laws, including copyright.
All copyrightable Content, including the selection and arrangement of the Content, is copyright of its respective owners, ALL RIGHTS RESERVED. Except as stated herein, you may not copy, reproduce, distribute, republish, download, post or transmit the Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of Abcya.com. By posting any copyrightable material to the Website or any other portion of the Website, or by submitting any such material directly to Abcya.com, you thereby grant Abcya.com a worldwide, royalty-free, and non-exclusive license thereto. Such license extends to all photos, graphics, audio, or video that you either post or submit. Such license includes the right to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such material, and to incorporate such material into other works in any format or medium now known or later developed. You are wholly responsible for the all material you post to the Website or submit to Abcya.com. You agree to hold Abcya.com harmless from any claim or damage resulting in whole or in part from Content you post to the Website or submit to Abcya.com
You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any manner other than in accordance with the intended use and in furtherance of the purpose of the Website.
You acknowledge that the Content is provided AS-IS, without any warranty, including any warranty of merchantability or fitness for an intended purpose. Abcya.com does not necessarily pre-screen, approve, or control the Content posted directly to the Website by users, advertisers or third-party contributors. Abcya.com does not guarantee the accuracy or veracity of any Content.
Abcya.com does not (1) guarantee or ensure any product, service or transaction between a buyer and seller; (2) collect, process or escrow payment or goods; (3) transfer of title on behalf of buyers or sellers; or (4) ship or deliver any goods.
Accordingly, it is your duty to independently verify the accuracy and veracity of any posting or advertisement BEFORE entering into an agreement with a buyer or seller. Abcya.com is not liable for any false, misleading, offensive, indecent, inaccurate, or otherwise objectionable Content. You acknowledge Abcya.com is not liable to you or any third party for any errors, omissions, or loss or damage incurred as a result of using the Website. Your only recourse is to stop using the Website.
TRANSFER OF RISK
Items you purchase from the Website are purchased in accordance with a shipment contract. As a result, all risk associated with loss or damage to such purchased items pass to you upon Abcya.com presenting such purchased items to the courier for transportation to you.
USE OF THE WEBSITE
Abcya.com hereby grants you, subject to the terms and conditions set forth in these Terms of Use, a non-exclusive and nontransferable license (“License”) to use the Website. Abcya.com may cancel this License at any time, for any reason, or for no reason. Except and to the extent expressly provided herein, no rights or licenses, expressed or implied, are hereby granted to YOU, as a result of, or related to these Terms of Use, under any patents, copyrights, trade secrets, or other proprietary rights of Abcya.com or to use the Website or any portion thereof.
Under the terms of this License, you may only access this Website:
a. for your personal, non-commercial use;
b. for educational institutions such as recognized public and private schools;
c. using the standard functionality provided through the Website;
d. using your own user name and password;
e. if you are 13 years of age or older (or, if you are under 13 years of age, with the permission, and under the direct supervision, of a parent or guardian);
Under the terms of this License, you shall not:
a. redistribute any portion of this Website or the Content, in any manner, in any medium;
b. attempt to defeat, defeat or “work around” any copy-protection or any system designed to restrict access to visitors;
c. extract or collect any personally identifiable information from, or through, the Website;
d. use Abcya.com's trademark(s) in metatagging or in any other type of hidden information;
e. use any type of data mining system, bot, or any other type of automated data collection tool;
f. collect or use pricing information, collections, compilations or product descriptions;
g. assign, rent, sublease or otherwise attempt to transfer any rights under these Terms of Use;
h. “frame” any portion of the Website without written permission from the webmaster;
i. use any inappropriate language in conjunction with the Website, including, but not limited to, profanity and hate speech;
j. use the Website for any commercial solicitation; or
k. attempt to alter, vandalize, modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except in the form of page caching) the Website.
Abcya.com reserves all rights not expressly granted hereunder.
HYPERLINKS
.The Website includes links to other websites wholly independent of Abcya.com and the Website. Abcya.com makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website. Abcya.com does not endorse, sponsor or guarantee such third party websites. You agree not to hold Abcya.com responsible for any advice, content, information, practices, products or services related to or made available through such third party websites.
ACCOUNT
Access to certain areas of the Website requires your creation of a Abcya.com user account (“Account”) which will provide you with a username and password. You must provide complete and accurate information when creating your Account. You are responsible for maintaining the confidentiality and security of your username and password used to access the Website and you must prevent use of your Account, username or password by any third parties. You accept and acknowledge that you are solely responsible all activity conducted using your account and/or username. Notify Abcya.com immediately if you suspect your Account has been compromised. Abcya.com shall not be responsible to you for any damages attributable to unauthorized use of your Account.
SUBMISSIONS
You acknowledge that submissions sent by you to this Website ("Submissions"), are non-confidential and that others may read and/or intercept such Submissions. You are wholly responsible for all Submissions. In forwarding any Submission to Abcya.com, you warrant that you have the right and authorization from the holders of all intellectual property depicted in, used in or referenced by such Submission to use the Submission as envisioned under this Agreement and on the Website. You warrant that your Submissions do not defame anyone or violate anyone’s right of privacy or publicity. You also warrant that the Submission is not in violation of any local, state or federal law.
Abcya.com has the right, but not the obligation, in its sole discretion to review any Submissions transmitted using this Website or Abcya.com's server, and to edit or delete any Submissions at any time for any reason. You hereby consent to Abcya.com's collection and use of such Submissions in accordance with Abcya.com's then current Privacy Policy and acknowledge that transmitting Submissions to this Website creates no confidential or fiduciary relationship between you and Abcya.com.
For all Submissions, including but not limited to comments, criticisms, and background information, by transmitting such Submissions to Abcya.com, you assign all right, title and interest, including the copyright to such Submissions, to Abcya.com. Accordingly, Abcya.com shall own all intellectual property rights in the Submissions, and shall be entitled to the unrestricted use of the Submissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you.
INDEMNIFICATION
You agree to defend, indemnify and hold Abcya.com, its parents, subsidiaries, affiliates, managers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to your use of this Website, including, but not limited to: (1) your submission to Abcya.com of any Content for the Website (“Submissions”); (2) your alleged breach of these Terms of Use; or (3) your infringement of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ABCYA.COM, ITS PARENTS, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO ABCYA.COM'S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF ABCYA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. ABCYA.COM'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO ABCYA.COM UNDER THESE TERMS OF USE. NOTHING IN THESE TERMS OF USE GRANTS ANY THIRD PARTY RIGHTS OR BENEFITS.
DISCLAIMER
YOU ACKNOWLEDGE THAT THIS WEBSITE AND THE CONTENT HEREIN IS PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT ABCYA.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE OR THE CONTENT. ABCYA.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THIS WEBSITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) ABCYA.COM DOES NOT REPRESENT OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE CONTENT; AND (3) ABCYA.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING MATERIAL.
ABCYA.COM MAY PERIODICALLY CHANGE CONTENT. ABCYA.COM RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES, AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THIS WEBSITE TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER CONTENT, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE SHALL CONSTITUTE OR IMPLY ABCYA.COM'S ENDORSEMENT OR SPONSORSHIP THEREOF.
DESCRIPTION AND PRICING ERRORS
Abcya.com strives to be accurate in its description and pricing of items appearing on the Website. Abcya.com, however, does not warrant that such descriptions and pricing information will be error-free. In the event that a description on the Website is erroneous, your sole remedy is to return the item to Abcya.com in accordance with Abcya.com's then-current return policy. In the event that the correct price of an item is higher than an erroneous price listed on the Website, Abcya.com reserves the right to cancel the order or, at its sole discretion, contact you to determine your instructions prior to shipping.
LINKS TO THIRD-PARTY SITES
This Website includes hypertext links to other websites and Abcya.com has no control over, and makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites, or any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you thereby irrevocably waive any and all claims against Abcya.com regarding such websites and must adhere to the usage and privacy policies governing such sites. Note that this website's use of hypertext links to other websites does not imply Abcya.com's sponsorship or endorsement of any such websites.
COPYRIGHT INFRINGEMENT NOTICE
It is Abcya.com’s policy to investigate and respond to claims of intellectual property infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3) ("DMCA"), Abcya.com has designated the following agent to the U.S. Copyright Office to receive ONLY notifications of claimed copyright infringement relating to the Website:
by mail:
Abcya.com DMCA Copyright Agent
c/o Law Offices Of Brett J. Trout
516 Walnut
Des Moines, Iowa 50309
by fax:
(515) 280-7114by email:
trout@bretttrout.comIf you believe any of the Website Content infringes your copyright, forward the following information to the above-identified DMCA Agent:
1. A physical or electronic signature of the copyright holder or an authorized agent acting on behalf of the copyright holder;
2. A description of the copyrighted work you claim is infringed or, if multiple works are involved, a representative list of the works you believe are infringed;
3. A description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and email address;
5. A statement that you have 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe your Submission was inappropriately removed from the Website under the DMCA, you may forward a counter-notice, containing the following information, to the above-identified DMCA Agent:
1. Your physical or electronic signature;
2. A description of the Submission you claim was inappropriately removed and the online location at which the Submission appeared before it was removed;
3. A description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and email address;
5. A statement that you have a good faith belief that the Submission was removed as a result of mistake or misidentification; and
6. A statement that you consent to the jurisdiction of the Federal Court in Providence, Rhode Island.
7. A statement that you will accept service of process from the party providing the original DMCA notice of infringement.
In the event Abcya.com receives a counter–notice under the DMCA, Abcya.com may inform the party providing the original DMCA notice of infringement of the counter-notice and, at Abcya.com’s discretion repost the Submission unless the party providing the original DMCA notice of infringement files, within 10 days, a lawsuit in Federal Court to stop the reposting of the Submission.
TRADEMARK
Whether or not specifically designated as such, the Abcya.com logo and all other colors, graphics, logos, sounds, images, icons and buttons displayed in this Website ("Marks") are trademarks or trade dress of Abcya.com and/or its affiliates. Absent prior written consent from an officer of Abcya.com, you may not copy imitate or use any portion of the Marks.
IMPERMISSIBLE ACTIVITY
You must not use the Website or the Abcya.com server(s) to transmit any information which Abcya.com has reason to believe or which in Abcya.com’s opinion: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, profane, obscene or offensive; (4) is indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of this Website; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of political campaigning, commercial component, chain letter, advertising or any form of “Spam.” If at any time Abcya.com becomes aware of any unauthorized usage of this Website, including any unauthorized political, commercial, malicious, destructive or illegal use, Abcya.com may, at its discretion, purge the information and/or report any such activities to the relevant authorities. If you become aware of any such unauthorized usage of the Website, contact the webmaster immediately at info@abcya.com
DATA COLLECTION AND USE
Anything you submit to Abcya.com is subject to Abcya.com’s Privacy Policy. By using this Website, you agree to review the Privacy Policy, and be bound by its terms and conditions. Abcya.com does not knowingly collect data directly from anyone under 13 years of age. If you believe Abcya.com has inadvertently collected any such data, please contact our website administrator at info@abcya.com for information regarding removal of any such data from our files.
MONITORING THE SITE
You acknowledge that you are solely responsible for all of your activities in relationship to this Website, including the contents of all Submissions, and the consequences thereof. While Abcya.com respects your privacy, you hereby acknowledge that these Terms of Use creates no reasonable expectation of privacy in any Submissions. Abcya.com may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (Spam). You may not use this Website in association with such Spam, any computer viruses or any other potentially damaging computer code. Abcya.com will prosecute violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to this Website as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of the Privacy Policy, Abcya.com reserves the right to report any Submissions or activities which Abcya.com believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist such parties in their investigations.
GOVERNING LAW
You acknowledge these Terms of Use is the entire agreement between you and Abcya.com relating to your use of this Website. The laws of the State of Rhode Island, United States of America shall govern these Terms of Use and the Privacy Policy, notwithstanding any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Privacy Policy shall be filed only in state or federal court located in Providence, Rhode Island, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such action. You agree to accept service of process by mail, and hereby waive all jurisdictional or venue defenses. You acknowledge, for the purposes of any legal action, the Website is sufficiently passive website so as to not give rise to jurisdiction over Abcya.com in any other jurisdiction.
TERMINATION
Either you or Abcya.com may terminate these Terms of Use at any time. You may terminate these Terms of Use by destroying all materials obtained from this Website. Abcya.com may terminate these Terms of Use immediately, without notice, for any reason, or no reason, and reserves the right to block or prevent your future access to this Website.
SEVERABILITY
If any portion of these Terms of Use or the Privacy Policy is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof.
GENERAL
No term or provision of these Terms of Use shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Abcya.com. A waiver by Abcya.com of any of the conditions to be performed by you hereunder shall not be construed to be a waiver of any succeeding breach thereof. All remedies provided for in these Terms of Use shall be cumulative, and in addition to, and not in lieu of, any other remedies available to Abcya.com at law, in equity or otherwise. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or the Website must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
