Yabox — Terms of Service
Welcome to Yabox.com
Yabox.com is a collection of Web pages and services operated by Acotel Group and its affiliates (collectively "Yabox" or "we") who provide the goods and services offered on Yabox.com to you subject to the following Terms of Service. Please read them carefully. By using the Yabox.com website, (the "Website") you agree to be bound by these Terms of Service, whether or not you register for an account as further described below.
If you object to anything in these Terms of Service or the Yabox.com Privacy Policy, do not use the Website or the Yabox service. Yabox may modify these Terms of Service from time to time in its sole discretion. If the changes we make to our Terms of Service are significant, we will notify you on our Website that our Terms of Service have been revised. We may also email you a notice to advise you of such changes.
TERM
This Agreement will remain in full force and effect while you use the Website and/or are a Member and/or Subscriber.
OWNERSHIP AND USE; LICENSE
Unless otherwise specified, all content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software contained on Yabox.com (collectively the "Materials") are the property of Yabox, or its suppliers, and are protected by United States and international copyright laws. You may access and use Yabox.com and the Materials only for your personal and non- commercial use. You may not modify or use the Materials for any other purpose, except with the express prior written consent of Yabox. Except as provided below, you may not download, reproduce, copy, sell, post, transmit, publicly perform, publicly display or otherwise distribute any Materials on Yabox.com. Any software or content made available for download from Yabox.com is licensed for use subject to the terms of the applicable license agreement, if any, which accompanies or is included with the software or content. In most cases, such license will be on a worldwide basis. However, in the event that the license is limited by territory for any reason, you will be so advised, and you must adhere to such territorial or other limitations.
If the software or content is not accompanied by a license agreement, the following terms shall apply: Yabox hereby grants to you a personal, limited, revocable, non-transferable license to use a single copy of the software and content on one personal computer or other compatible electronic device, provided that you do not copy, modify, sell, assign, reverse engineer or otherwise attempt to gain access to the source code of the software or content, or create derivative works from the software or content.
You may not link to or frame Yabox.com or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yabox without obtaining Yabox's express written consent. You may not use any meta tags or any other "hidden text" utilizing Yabox's name or trademarks without the express written consent of Yabox. Any unauthorized use terminates the permission or license granted by Yabox.
ACCOUNT REGISTRATION
Accounts ("Account" or "Accounts") as used herein are defined as the account that results from registering for any service with Yabox. When you complete a registration process, you create an Account and you become a member ("Member"). Yabox reserves the right to limit the number of Accounts a user can establish. This limit may change over time at the company's discretion. Your Account allows you to participate in specific services on Yabox. A Member does not automatically become a Subscriber. A Member may try out a trial subscription for a limited period, which period will be further delineated in the terms and conditions set forth when a Member signs up for a trial. During the trial period, the Member will be considered a temporary Subscriber and be subject to the terms of the trial. A Member becomes a "Subscriber" by signing up for a paid subscription membership. Subscription memberships (along with related billing practices) are further described below. To create an Account, you must enter an email and password. Your email is your Yabox identity. You may not select an email that is used by someone else, and your identity and/or user name cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Accounts.
You are solely responsible for all activity on your Account and for the security of your computer system. You should not reveal your password to other users. Yabox will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered email address.
You agree to indemnify and hold Yabox harmless for any improper or illegal use of your Account by you. This includes illegal or improper use by someone to whom you have given permission to use your Account or whom you have negligently allowed to access your Account. Your Account is at risk if you let someone use it inappropriately and your Account in any of our Services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join Yabox again without our express permission.
ACCOUNT MEMBERSHIP AND SUBSCRIPTION OPTIONS
Members: You may create an Account and become a Member of the Website at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available through the Website. In order to access additional features and services, including the ability to communicate with other Members, you must become a paying Subscriber to the Service.
Subscribers: To access premium Yabox content and services, you must choose and pay for a subscription plan. Trial subscriptions are also available which will enable you to try out the Yabox service prior to becoming a Subscriber. Please review our subscription policies for a description of our billing, subscription, auto-renewal, termination and other terms. Please note that the subscription rates and policies that are disclosed to you in subscribing to or renewing the subscription service are deemed part of this Agreement.
In order to become a Subscriber, Yabox requires that you be at least 18 years old or have parental permission and consent to incur any charges. If you are under the age of 18, you may only become a Subscriber with the involvement of and consent by a parent or legal guardian. Current Subscribers can always view their subscription plan including any applicable renewal rate and period on the Account page.
SUBSCRIPTION POLICIES
All subscriptions are subject to the following terms and conditions:
- All subscription purchases are final. If you become a Subscriber, you will be billed on a periodic basis. The period will vary based on the subscription plan that you sign up for. All amounts (including any applicable taxes) are billed in U.S. dollars up front at the beginning of the subscription period and will appear on your credit card statement as 'Yabox'.
- Third party payment processing. To the extent that payment mechanisms are provided through third parties, you agree that Yabox shall have no liability to you arising out of the acts or omissions of such third parties. BY CREATING A SUBSCRIPTION, YOU CONSENT TO ALLOW Yabox TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELLED, TERMINATED, OR YOU DOWNGRADE YOUR SUBSCRIPTION TO A FREE MEMBER ACCOUNT.
- Renewals. Subscriptions are automatically renewed at the end of the subscription period for successive renewal periods of the same duration as the subscription term originally selected at the then-current non-promotional subscription rate, until such time as Subscriber instructs Yabox.com to stop the renewals. Renewals can be stopped by following the instructions on the http://www.Yabox.com/unsubscribe.
- Suspension/Cancellation. In the event that a Subscriber chooses to suspend or cancel his/ her subscription, the subscription is non-refundable. This means that no refund will be given for unused portions of your subscription period. To change or resign your subscription at any time, go to the http://www.Yabox.com/unsubscribe. If you resign, you will enjoy subscription benefits until the end of your then-current subscription term and your subscription will not be renewed after that term expires.
- Termination: Subscribers who violate these Terms of Services will have their subscription privileges immediately terminated without refund. Yabox.com is not required to provide you with prior notice of such termination, and may be prohibited, from disclosing a reason for the termination of your Account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
SUBSCRIPTION RATES AND TRIAL SUBSCRIPTION CONVERSIONS
Our current subscription offerings are available for review on our Subscription Rates page. All subscriptions are charged up front for the chosen term and auto-renew unless you advise us that you wish to either change your subscription option or cancel your subscription prior to your renewal date. If you have agreed to a trial subscription that commences billing at the end of the trial, you agree that you must advise us that you wish to terminate the trial subscription prior to the end of the trial period.
CONTESTS AND SWEEPSTAKES
By becoming a Member and/or Subscriber, and subscribing to our newsletter(s), Members and/or Subscribers understand they may be automatically entered into future contests and sweepstakes for Members/Subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. Yabox provides rules of participation for certain activities on the Website including, without limitation, contests, sweepstakes, and electronic postcards by Yabox and in conjunction with third parties. Your agreement to these Terms of Service is incorporated by reference into the specific rules of participation which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Service and specific rules of participation, the rules of participation for the activity in which you choose to participate or are automatically entered into shall govern.
LINKS TO OTHER SITES
Other websites linked to from Yabox.com are not under Yabox's control and Yabox does not assume any responsibility or liability for any communications or materials available at such linked sites. The links are provided for convenience only and Yabox does not endorse the content, information or other materials made available via the linked websites. You are solely responsible and liable for any interactions you may have with any linked websites, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Yabox shall not be responsible or liable for any part of any such interactions.
BLOCKING OF IP ADDRESSES; TERRITORIAL RESTRICTIONS
Yabox.com reserves the right at any time in its sole discretion to block Members and/or Subscribers from certain IP addresses and/or territories from accessing the Website.
U.S. Export Controls. The software from this Website is subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea (Democratic People's Republic of Korea), Sudan, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
TRADEMARKS
Yabox and other related trade names, graphics, logos, and service marks used on the Website are the trademarks of Yabox and may not be used by you without our prior written permission.
COPYRIGHT INFRINGEMENT AND NOTICE PROCEDURES
Copyright Notification Procedure; Take down Notice. If you believe that your copyright-protected work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact our DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):
- Reasonably sufficient details to enable us to identify the work claimed to be infringed, or if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number and/or email address);
- A statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or under the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
Please send this written notice to our designated agent as follows:
DMCA Agent
Yabox
120 Broadway 15th Floor
New York, NY 10271
DMCAcopyright@Yabox.com
Counter-Notification. If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district located in the county and State of New York and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
Please send this written notice to our designated agent as follows:
DMCA Agent
Yabox
120 Broadway 15th Floor
New York, NY 10271
DMCAcopyright@Yabox.com
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.
ELECTRONIC COMMUNICATIONS
When you visit Yabox.com or send e-mails to us, you are communicating with us electronically. By signing up for an Account, you consent to receive communications from us electronically concerning your Account and our services. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES
Yabox.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Yabox MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF Yabox.COM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR DOWNLOADED FROM Yabox.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF Yabox.COM IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH INFORMATION, CONTENT, MATERIAL OR PRODUCTS.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Yabox WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF Yabox.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS, EVEN IF Yabox HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SUBSCRIPTION SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND/OR TERMINATE YOUR SUBSCRIPTION. Yabox'S AGGREGATE MAXIMUM POTENTIAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE (INCLUDING PRODUCTS AND SERVICES SOLD THEREIN) SHALL BE THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO Yabox IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM LESS THE PRO-RATA VALUE OF ANY SERVICE YOU RECEIVED DURING THAT PERIOD. MULTIPLE CLAIMS WILL NOT INCREASE THIS LIMIT. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF SERVICE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
INDEMNIFICATION
You agree to indemnify and hold harmless COMPANY_, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of these Terms of Service, or your violation of applicable law, rule, regulation or third party right.
OTHER LEGAL TERMS — Entire Agreement
The Terms of Service constitute the entire and exclusive and final statement of the agreement between you and Yabox with respect to the subject matter hereof, and govern your use of the Website, superseding any prior agreements or negotiations between you and Yabox with respect to the subject matter hereof.
Modifications to these Terms of Service
We may change these Terms of Service from time to time. We will notify you of any such material changes by posting the amended Terms of Service on this Website and/or sending you an email advising you of such update. Your continued use of this Website following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the updated Terms of Service.
No Additional Rights Conferred
You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Yabox Terms of Service, the Yabox Privacy Policy and the End User License Agreement(s) and subsequent COMPANY_'s enforcement of these policies and agreements, are not intended to confer, and do not confer, any rights or remedies upon any person.
No Waiver/Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Service remain in full force and effect.
Jurisdiction/Law
The Terms of Service and the relationship between you and COMPANY_ shall be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any claim relating to the Terms of Service, or your use of, the Website must be brought exclusively in a court of competent jurisdiction, federal or state, located within the county and State of New York, and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.
Waiver of Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Miscellaneous/Survival of Provisions
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Sections and provisions which by their nature survive expiration or termination of the Terms of Service, including without limitation, liability and warranty disclaimers and limitations, shall survive expiration or termination.
Please remember at all times that your use of the Yabox Website is subject to these Terms of Service, the Privacy Policy and the Online Code of Conduct. Should you have any questions or concerns regarding these Terms of Service as well as the other policies, please contact us through our support form (located at http://www.Yabox.com/contact) or at:
Yabox
120 Broadway 15th Floor
New York, NY 10271
support@Yabox.com