ABODA.com may modify this Agreement from time to time and such modification shall be effective upon posting by ABODA, Inc. on the ABODA website. You agree to be bound to any changes to this Agreement when you use the ABODA.com and any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
ABODA.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the ABODA Services at any time, for any or no reason, with or without prior notice, and without liability.
This Agreement shall remain in full force and effect while you use the ABODA.com website. You may terminate your usage at any time, for any reason, by closing your internet browser window. ABODA.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
When using ABODA.com you are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ABODA.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members
The ABODA Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ABODA, Inc. Illegal and/or unauthorized use of the ABODA Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ABODA Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ABODA Services.
Proprietary Rights in Content on ABODA.com
ABODA.com claims any/all ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that is posted to the ABODA.com website. After posting your Content to the ABODA site, we continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the ABODA website, you hereby grant to ABODA.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the ABODA website.
Without this license, ABODA.com would be unable to provide the ABODA services. The license you grant to ABODA.com is non-exclusive (meaning you are free to license your content to anyone else in addition to ABODA.com), fully-paid and royalty-free (meaning that ABODA.com is not required to pay you for the use on the ABODA website of the Content that you post), sub-licensable (so that ABODA.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the ABODA Services), and worldwide (because the Internet and the ABODA Services are global in reach). This license will terminate at the time you remove your Content from the ABODA.com. The license does not grant ABODA.com the right to sell your Content, nor does the license grant ABODA.com the right to distribute your Content outside of the ABODA.com network.
You represent and warrant that:
(1) you own the Content posted by you on or through the ABODA.com website or otherwise have the right to grant the license set forth in this section, and
(2) the posting of your Content on or through the ABODA.com website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or throughABODA.com.
ABODA.com contain Content of ABODA ("ABODA.com Content"). ABODA.com Content is protected by copyright, trademark, patent, trade secret and other laws, and ABODA.com owns and retains all rights in the ABODA.com Content. ABODA.com hereby grants you a limited, revocable, non sub-licensable license to reproduce and display the ABODA.com Content (excluding any software code) solely for your personal use in connection with viewing the ABODA.com website and using the ABODA services.
ABODA.com may delete any Content that in the sole judgment of ABODA.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ABODA.com assumes no responsibility for monitoring ABODA.com for inappropriate Content or conduct. If at any time ABODA.com chooses, in its sole discretion, to monitor the ABODA services, ABODA.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the ABODA Services, and any material or information that you transmit to other Members and for your interactions with other Users. ABODA.com does not endorse and has no control over the Content. Content is not necessarily reviewed by ABODA.com prior to posting and does not necessarily reflect the opinions or policies of ABODA.com. ABODA.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the ABODA Services. ABODA.com reserves the right to investigate and take appropriate legal action against anyone who, in ABODA.com sole discretion, violates this provision, including without limitation, removing the offending communication from the ABODA Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of ABODA.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent;
15. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the ABODA Website and through your use of the ABODA Services. ABODA, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in ABODA's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any products or services through the ABODA Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the ABODA.com in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, or other unsolicited communications of any kind through the ABODA Services, you acknowledge that you will have caused substantial harm to ABODA.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay ABODA.com $50 for each such unsolicited email or other unsolicited communication you send through the ABODA services;
18. any automated use of the system, such as using scripts to conduct searches or send messages;
19. interfering with, disrupting, or creating an undue burden on ABODA services or the networks or services connected to the ABODA services;
20. attempting to impersonate another Member or person;
21. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
22. selling or otherwise transferring your profile;
23. using any information obtained from ABODA, in order to harass, abuse, or harm another person;
24. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the ABODA on behalf of that person, such as placing commercial content on your profile; or
25. using the ABODA Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ABODA.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to ABODA.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on ABODA in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the ABODA.com; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ABODA, Inc. can be reached as follows: ABODA, Inc., ABODA.com Services. 9040 Willows Rd. N.E., Suite 100; Redmond, WA 98052; telephone: (425) 861-0500; facsimile: (425) 861-0999 Attn: www.aboda.com; and email: firstname.lastname@example.org.
ABODA.com is not responsible for any incorrect or inaccurate Content posted on the ABODA.com website or in connection with the ABODA services, whether caused by users of the ABODA.com or by any of the equipment or programming associated with or utilized in the ABODA.com website. Profiles created and posted by Members on the ABODA Website may contain links to other websites. ABODA.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ABODA.com. Inclusion of any linked website on the ABODA.com site does not imply approval or endorsement of the linked website by ABODA.com. When you access these third-party sites, you do so at your own risk. ABODA.com takes no responsibility for third party advertisements which are posted on this ABODA or through the ABODA services, nor does it take any responsibility for the goods or services provided by its advertisers. ABODA.com is not responsible for the conduct, whether online or offline, of any User of the ABODA Services. ABODA.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. ABODA.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ABODA services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or viewing content in connection with the ABODA Services. Under no circumstances shall ABODA.com be responsible for any loss or damage, including personal injury or death, resulting from use of the ABODA Services, from any Content posted on or through the ABODA Services, or from the conduct of any Users of the ABODA Services, whether online or offline. The ABODA Services are provided "AS-IS" and as available and ABODA.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ABODA.com cannot guarantee and does not promise any specific results from use of the ABODA Services.
Limitation on Liability
IN NO EVENT SHALL ABODA.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ABODA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ABODA.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ABODA.COM FOR THE ABODA SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls
Software available in connection with the ABODA Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the ABODA Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If there is any dispute about or involving the ABODA Services, you agree that the dispute shall be governed by the laws of the State of Washington, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Washington, City Seattle. Either ABODA.com or you may demand that any dispute between ABODA.com and you about or involving the ABODA Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent ABODA.com from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold ABODA.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ABODA Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the ABODA Website or through the ABODA Services causes ABODA.com to be liable to another.
This Agreement is accepted upon your use of the ABODA Website or any of the ABODA Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ABODA.com regarding the use of the ABODA Services. The failure of ABODA.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ABODA.com is a trademark of ABODA, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: 888-389-0500 with any questions regarding this Agreement.