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Limitations of Liability
You will not hold Berybo.com responsible for other users'
actions or inactions, including things they post.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Berybo.com SHALL NOT
BE LIABLE TO YOU 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 Berybo.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF,
OR THE INABILITY TO USE, THIS WEB SITE; (2) THE USE OF, OR THE
INABILITY TO USE, ITEMS PURCHASED ON THIS WEB SITE; (3) THE COST
OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS
WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Regardless of the previous paragraphs in this section, if we are
found to be liable, our liability to you or to any third party
is limited to the greater of (a) the total fees you paid to us
in the 6 months prior to the action giving rise to the
liability, and (b) $100.
Indemnification
You agree to indemnify and hold harmless Berybo.com, its
directors, officers, employees, agents, co-branders,
subsidiaries, parents, and affiliates, from and against any and
all liability, losses, claims, demands, disputes, damages, and
costs of any kind, including, without limitation, reasonable
attorneys' fees and costs of litigation resulting from or in any
way connected with your use of the Web Site; Content you submit,
post, or transmit through the Web Site; your breach of the
Agreement; and your connection to the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon
completing the specific Service's registration process. You are
responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a)
immediately notify Berybo.com of any unauthorized use of
your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each
session. Berybo.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section.
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
Berybo.com, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available
via this site. Berybo.com does not control the Content
posted in this site and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand
that by using this site, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances
will Berybo.com 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, transmitted or
otherwise made available in this site.
You agree to NOT to:
1. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited
to, a Berybo.com official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a
person or entity;
4. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
5. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose (please
read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
11. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and
any regulations having the force of law;
12. provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the
United States government as a foreign terrorist organization
pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
15. use the Site if you are not able to form legally binding
contracts, are under the age of 18
16. circumvent or manipulate our payment structure, the billing
process, or in certain cases fees owed to Berybo.com
You acknowledge that Berybo.com may or may not pre-screen
Content, but that Berybo.com and its designees shall have
the right (but not the obligation) in their sole discretion to
pre-screen, refuse, or move any Content that is available in
this site. Without limiting the foregoing, Berybo.com and
its designees shall have the right to remove any Content that
violates the Terms of Use 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.
You acknowledge, consent and agree that Berybo.com may
access, preserve, and disclose your account information and
Content if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the
Terms of Use; (c) respond to claims that any Content violates
the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or
personal safety of Berybo.com, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices.
Specific rules for Forum posters
As a Berybo.com member it's your responsibility to follow
all the rules mentioned under 'USER CONDUCT" section above, as
well as the following specific rules. We may exclude you from
further use of the Berybo.com site if you fail to follow any
of the rules. All reasons for being happy or unhappy that you
post will be considered as "content".
As mentioned earlier, you must have all necessary rights to
publish the content you submit to the Berybo.com site and
YOU are responsible for making sure you don't violate any
copyright, trademark, trade secret, patent or other rights or
the privacy of others', including the right to transmit the
content you provide to the Berybo.com site including
complying with all laws, statues and regulations.
If the content you post is not your own original experience
or work, you must have explicit permission in writing from the
copyright owner.
You accept that Berybo.com and any other user of
Berybo.com can review and use the content you submitted in
accordance with these terms.
You accept that Berybo.com reserves the right to approve
or disapprove any content you post without any explanation.
You must not intentionally or unintentionally violate any
applicable local, state, national, or international law, statute
or regulation.
Payments and Fees
You acknowledge and agree that all the Fees paid are
NON-REFUNDABLE. However, if you have pre-paid for the whole year
and would like to cancel the service, you will be given a refund
for the unused period. (on a pro-rated basis). You also agree
and acknowledge that for all refunds there is a processing fee
of $5. However if you cancel within the first 3 days of
signing-up for the service, you will receive a full refund.
Proprietary rights and Trademarks
You acknowledge and agree that the contents and materials
available on the Berybo.com site and the software used in
connection with Berybo.com contain proprietary and
confidential information that is protected by applicable
intellectual property and other laws. Unless expressly
authorized by Berybo.com, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based
on the Berybo.com site's contents, materials or the
software, in whole or in part. Except as expressly provided in
this Agreement, you are NOT granted any rights or license to any
intellectual property with respect to the Berybo.com site or
its contents. Berybo.com reserves all rights and the name
"Berybo.com" and its respective logos, may be
Berybo.com
trademarks. You are not allowed to use or display any of these
unless you have our prior express written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that Berybo.com may, in its sole discretion, and
at any time, modify, discontinue, or suspend its operation of
this Web Site, or any part thereof, temporarily or permanently,
without notice to you, and you agree that Berybo.com will
not be liable for the consequences of doing so. You also agree
that Berybo.com may, in its sole discretion, and at any
time, completely terminate your use of the Web Site, and may
remove or delete any or all of your Content within the Web Site,
without prior notice to you for any reason that Berybo.com,
in its sole discretion, deems appropriate. You further agree
that Berybo.com will not be liable to you or to any third
party for the consequences of any termination of your use of or
access to the Website.
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