- ACCEPTANCE OF TERMS
Abacin provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition,
when using particular Abacin owned or operated services, you shall be
subject to any posted guidelines or rules applicable to such services, which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into the TOS. The failure of Abacin to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
- DESCRIPTION OF SERVICE
Abacin provides users with access to a rich collection of resources, which
may be accessed through any various medium or device now known or hereafter developed (the "Service").
You also understand and agree that the Service may include advertisements and
that these advertisements are necessary for Abacin to provide the Service.
You also understand and agree that the Service may include certain communications from Abacin,
such as service announcements and administrative messages
and that these communications are considered part of Abacin membership
and you will not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the release of new
Abacin properties, shall be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that Abacin assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party
fees. You are responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible for all equipment
necessary to access the Service.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form
a binding contract and are not a person barred from receiving services under the laws of the
United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Abacin has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Abacin has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Abacin is concerned about the safety and privacy of all its users.
(c) keep your Abacin account private and not transfer to any others. Any rights to your Abacin ID or contents within your account terminate upon your death.
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, it is your responsibility to determine whether any of the Service areas
and/or Content (as defined in Section 6 below) are appropriate.
Registration data and certain other information about you is subject to our
You understand that through your use of the Service you consent to the collection
including the transfer of this information to the United States and/or other countries for storage,
processing and use by Abacin.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the 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 Abacin 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.
Abacin cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
- MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics,
video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content originated.
This means that you, and not Abacin, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
Abacin does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will Abacin be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content,
or any loss or damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that Abacin may or may not pre-screen Content, but that Abacin 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 via the Service. Without limiting the foregoing, Abacin and its designees shall have the right to remove any Content that violates the TOS 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.
- upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Abacin official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
- 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);
- 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;
- 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)
that are designated for such purpose (please read our complete Spam Policy);
- 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;
- 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;
- 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;
- 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;
- 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;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited conduct
and activities set forth in paragraphs a through m above.
You acknowledge, consent and agree that Abacin 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 TOS; (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 Abacin, its users and the public.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Abacin does not claim ownership of Content (including photos, graphics, audio or video) you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of Abacin Service, you grant Abacin worldwide, royalty-free and non-exclusive licenses to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content, and to transmit or incorporate such Content into other works in any format or medium now known or later developed. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Abacin removes such Content from the Service.
You agree to indemnify and hold Abacin and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Abacin ID), use of the Service, or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Abacin may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days ads may be placed, the maximum number of postings or other uploaded Content may be retained, the maximum number of messages that may be sent from or received, and the maximum number of times you may access the Service in a given period of time. You agree that Abacin has no responsibility or liability for the deletion or failure to store any posts, messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Abacin reserves the right to modify these general practices and limits from time to time.
- MODIFICATIONS TO SERVICE
Abacin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Abacin shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Abacin may, under certain circumstances and without prior notice, immediately terminate your Abacin account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) removal of access to all offerings within Abacin Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Abacin's sole discretion and that Abacin shall not be liable to you or any third party for any termination of your account, any associated Content, or access to the Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Abacin shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Abacin has no control over such sites and resources, you acknowledge and agree that Abacin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Abacin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Abacin'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Abacin or advertisers, you agree not to copy, modify, rent, sell, sublicense, distribute or create derivative works based on the Service or the Software, in whole or in part. You also agree not to access the Service by any means other than through the interface that is provided by Abacin for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Abacin and its subsidiaries, affiliates, employees, partners and licensors make no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (e) any errors in the Service will be corrected. Any material downloaded or otherwise obtained through the use of the Service is assessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or through Abacin shall create any warranty not expressly stated in the TOS.
- LIMITATION OF LIABILITY
You expressly understand and agree that Abacin and its subsidiaries, affiliates, employees, partners and licensors 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 resulting from (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; or (d) any other matter relating to the service.
- NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Abacin may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
- TRADEMARK INFORMATION
Abacin logos and service names are trademarks of Abacin.com. Without Abacin's prior permission, you agree not to display or use in any manner the Abacin Marks.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Abacin respects the intellectual property of others, and we ask our users to do the same. Abacin may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe our copyright policy. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Abacin the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) 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; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The TOS constitutes the entire agreement between you and Abacin and governs your use of the Service, superseding any prior agreements between you and Abacin with respect to the Service. You may be subject to additional terms and conditions that may apply when you use or purchase certain other Abacin services, affiliate services, third-party content or third-party software.