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Effective September 1, 2007
By using or accessing the ReachBy.com Website ("Website") in any form whether
as a registered user or as unregistered visitor signifies your agreement
to the terms and conditions of this Terms of Service Agreement ("Agreement")
and the Privacy Policy.
1. You acknowledge that you have read the Agreement and the Privacy Policy
and that you accept the terms thereof. You agree to read these terms and
conditions carefully before using this Website. If you do not agree to these
terms and conditions of use, you may not access or otherwise use this Website.
2. ReachBy.com may monitor your use of the Website and, if required by law,
may disclose any information and materials received from you or collected
through your use of the Website.
3. ReachBy.com reserves the right, at its sole discretion, to change, modify,
add or remove any portion of this Agreement, in whole or in part, at any time.
Notification of changes in the Agreement will be posted on the ReachBy.com Website.
4. The content of the Webiste provided by ReachBy.com is protected by copyright
as a collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions, and other copyright laws. Copying, storing,
reproduction, or using of any Website content for other than personal,
noncommercial use is expressly prohibited without the prior written
permission from ReachBy.com or the copyright holder identified in the
individual content copyright notice.
5. ReachBy.com may change, suspend or discontinue any aspect of the Website
at any time, including the availability of any Website feature, data, or
content. ReachBy.com may also impose limits on certain features and services
or restrict your access to parts or all of the Website without notice or liability.
6. You represent, warrant and covenant that you shall not create, upload, post or
transmit to or distribute or otherwise publish through the ReachBy.com Website any
materials which
- (i) restrict or inhibit any other user from using and enjoying the ReachBy.com Website,
- (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit or indecent,
- (iii) constitute or encourage conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate law,
- (iv) violate, plagiarize or infringe the fights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy or publicity
or any other proprietary right,
- (v) contain a virus, spyware, or other harmful component,
- (vi) contain commercial advertising of any kind, or
- (vii) constitute or contain false or misleading indications of origin or statements of fact.
7. You confirm and certify that you are at least eighteen (18) years old. You also agree that
you will not solicit or collect information, or attempt to initiate any physical contact with,
anyone who is younger than 18 years old without prior verifiable express of parental consent.
8. You may not use ReachBy.com for collecting information about the users of this Website,
by electronic or other means, for the purpose of sending to ReachBy.com users messages
containing commercial advertisements, affiliate links, "chain letters", "junk mail",
"spamming", and any other forms of bulk posting.
9. By posting messages, uploading files, inputting data or engaging in any other form
of communication (individually or collectively "Communications") via ReachBy.com Website,
you hereby grant to ReachBy.com a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such
Communications, in all media now known or hereafter developed. You hereby waive all rights
to any claim against ReachBy.com for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of attribution in
connection with such Communications. This license is needed for ReachBy.com to store,
transmit, and present user content on the Website.
10. ReachBy.com does not and cannot review all materials posted to the Website by users,
and ReachBy.com is not responsible for any such materials posted by users. However, ReachBy.com
reserves the right at all times to disclose any information as necessary to satisfy any law,
regulation or government request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, that in ReachBy.com's sole discretion are objectionable
or in violation of this Agreement.
11. You acknowledge that transmissions to and from this Website are not confidential
and your Communications may be read or intercepted by others. You acknowledge that by
submitting Communications to ReachBy.com, no confidential, fiduciary, contractually
implied or other relationship is created between you and ReachBy.com other than pursuant
to this Agreement.
12. THE REACHBY.COM WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS."
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, REACHBY.COM AND ITS SUBSIDIARIES AND
AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY
PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH
OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE
WEBSITE OR ANY LINKED SITE. FURTHER, REACHBY.COM AND ITS SUBSIDIARIES AND AFFILIATES
DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REACHBY.COM
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR
CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE REACHBY.COM WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REACHBY.COM AND ITS SUBSIDIARIES
AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE REACHBY.COM WEBSITE,
INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
13. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE UNITED STATES, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE
JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT
SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE UNITED STATES.
14. You hereby agree to indemnify, defend and hold ReachBy.com, and all its officers,
directors, owners, agents, employees, information providers, affiliates, licensors
and licensees (collectively, the "Indemnified Parties") harmless from and against
any and all liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of the Agreement or the foregoing
representations, warranties and covenants, including, without limitation, attorneys
fees and costs. You shall cooperate as fully as reasonably required in the defense
of any claim. ReachBy.com reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without the written consent
of ReachBy.com.
15. The ReachBy.com Web Site contains links and pointers to the other related
Internet sites, resources, and sponsors of the Website. Links to and from Website
to other third party sites, maintained by third parties, do not constitute an
endorsement by ReachBy.com or any of its subsidiaries or affiliates of any
third party resources, or their contents.
16. This Agreement constitutes the entire agreement between ReachBy.com and you with
respect to your use of the ReachBy.com Website. Any cause of action you may have with
respect to your use of the ReachBy.com Website must be commenced within one (1) year
after the claim or cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of the Agreement, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect. ReachBy.com disclaims any and all responsibility
for content contained in any third party materials provided in user entered content or
through links from the ReachBy.com Website.
If you have any questions or concerns regarding this Terms of Service Agreement,
please contact ReachBy.com in English via the
Contact Us page.
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