This agreement describes the terms on which you may access and use our services. In order to become a Yazby.com user, you must read and accept all of the terms and conditions of this agreement, the Privacy Policy and the Copyright Policy. In the event of any inconsistency between either the Privacy Policy or the Copyright Policy and this User Agreement, the User Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may neither use nor access our services.

We reserve the right to modify this Agreement, including the Privacy Policy and the Copyright Policy, at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Yazby service indicates your acceptance of the amended User Agreement.

Description of Service

Yazby.com is an online service offered to enable users to aggregate, and sort links to favorite web sites and other information in one central, readily accessible on-line location. (the "Yazby Service").

Use of Service

Your use of the Yazby Service is governed by this User Agreement. Yazby.com may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Yazby.com of any unauthorized use of your password or account or any other breach of security. Yazby.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that Yazby.com may, with or without cause, immediately terminate your Yazby.com account and access to the Yazby Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Yazby.com of your use of the Yazby Service: (a) breaches or violations of this User Agreement or other incorporated agreements or policies, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) technical issues or problems, and (e) extended periods of inactivity. Termination of your Yazby.com account includes removal of access to all offerings within the Yazby Service and may also bar you from further use of the Yazby Service. Furthermore, you agree that all terminations shall be made in Yazby.com's sole discretion and that Yazby.com shall not be liable to you or any third-party for any termination of your account or access to the Yazby Service.

User Conduct

You agree to abide by all applicable local, regional, national, and international laws and regulations and are responsible for all acts that occur under your account including the content of your transmissions through Yazby.com. By way of example, and not as a limitation, you agree NOT to:

• Defame, abuse, harass, stalk, threaten or otherwise violate rights (such as rights of privacy and publicity) of others.
• Publish, and/ or distribute any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or otherwise objectionable material or information.
• Submit Materials that are unlawful or promote or encourage illegal activity or that violates the property rights of others
• Submit any third party Materials without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Yazby.com
• Create a false or misleading identity of, including, but not limited to, any Yazby.com employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
• Transmit, email or post any material that contains in any form software viruses or such harmful programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• Use Yazby.com in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
• Attempt to gain unauthorized access to Yazby.com, other accounts, computer systems or networks connected to Yazby.com, by password mining or by any other means.
• Reformat or frame any portion of the web pages that are part of Yazby.com.
• Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
• Interfere with another Member's use and enjoyment of Yazby.com.
• Harvest or collect email addresses or other contact information of Members, including usernames, from the Yazby.com website by electronic or other means.

By signing up to Yazby.com, you agree to receive commercial email messages from Yazby.com. Further, you agree that email addresses in your Yazby.com address book and other personal information may be used by Yazby.com for the purpose of initiating commercial email messages.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to 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.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Yazby.com website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Yazby Communications

Yazby.com may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Yazby Service, including a series of welcome emails which help inform new users about various features of the Yazby Service.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the Yazby Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we 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, access to, or denial of access to any content on the website.

Fees

Signing up for a basic Yazby.com account is free. Certain other services are provided for free only to beta users. Yazby.com reserves the right to charge for the Yazby Service or any portion thereof, modify the pricing of, add to, or discontinue the Yazby Service or any portion thereof without prior notice.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Yazby LLC, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Yazby Service; ii) unauthorized access to or alteration of your communications with or through the Yazby Service, or iii) any other matter relating to the Yazby Service. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Yazby.com may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Yazby.com, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE YAZBY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YAZBY.COM DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION. YAZBY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YAZBY.COM MAKES NO WARRANTY THAT (i) THE YAZBY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE YAZBY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE YAZBY SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE YAZBY SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IN OTHER WORDS, WHILE THE YAZBY SERVICE IS PROVIDED AS A SERVICE TO OUR USERS, INTENDED TO ENHANCE THE CONVENIENCE OF THEIR WEB BROWSING EXPERIENCE, YOU USE THE SERVICE AT YOUR RISK AND PERIL. BY WAY OF EXAMPLE ONLY, YOU, AND NOT YAZBY.COM, ARE ULTIMATELY RESPONSIBLE FOR TAKING ANY ACTION IN CONNECTION WITH WHICH YOU INTEND TO RELY UPON THE YAZBY SERVICE TO MAKE YOU AWARE OR TO REMIND YOU TO TAKE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE YAZBY SERVICE IS DONE 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. 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 MAY NOT APPLY TO YOU.

Entire Agreement

The User Agreement constitutes the entire agreement between you and Yazby.com and governs your use of the Yazby Service, superseding any prior agreements between you and Yazby.com.

Limitation of Liability

YOUR USE OF YAZBY.COM IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL YAZBY.COM, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, YAZBY.COM, WHETHER OR NOT YAZBY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON YAZBY.COM, FROM INABILITY TO USE YAZBY.COM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF YAZBY.COM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH YAZBY.COM OR ANY PART OF YAZBY.COM, DISCONTINUE USING YAZBY.COM AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES WILL YAZBY.COM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00)

Governing Law

The User Agreement between you and Yazby.com will be governed by and construed in accordance with the laws of the State of New York without regard to conflict of laws principles.

General Information

Yazby.com, and the Yazby logo, are trademarks of Yazby, LLC. You agree not to display or use these trademarks in any manner without Yazby's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to: Contact Us