Terms of Service
ABD3 LLC ("ABD3") last updated these terms
and conditions ("Terms") on September 30, 2009.
PLEASE READ THE FOLLOWING TERMS CAREFULLY, INCLUDING THE IMPORTANT WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY. BY USING THE YELLOWPIN® APPLICATION AND RELATED SERVICES ("SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS. ABD3 reserves the right, in its sole discretion, to modify these Terms at any time. Except as otherwise indicated below, any modifications will be effective immediately upon posting on the YellowPin® application web pages ("Site") linked to your social network account ("Social Network Account"). If ABD3 modifies these Terms, it will post a notice on the Site that modifications were made. Your continued use of the Service after ABD3 posts modified Terms indicates that you agree to be bound by the modified Terms. Therefore, it is your responsibility to check the Site for any modifications. If you do not agree to the Terms, you are not authorized to use the Service.
ABD3 is a developer and operator of applications and related services for social networks. The YellowPin® Service enables you to post information about yourself and find information about others in your social network, particularly pertaining to your geographic location.
Persons Under Age 13
You must be at least 13 years old to use the Service. You are not authorized to use the Service if you have not yet reached your 13th birthday.
Privacy Policy
Please carefully review ABD3's Privacy Policy, which is incorporated into these Terms. By using the Service, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
Starting the Service; Billing
Currently, the Site and Service are only available to users in the U.S. In order to access the Service through your mobile phone, your mobile phone must be supported by one of the following carriers: Alltel, AT&T Wireless, Boost USA, Cellular South, Cincinatti Bell, Cingular Wireless, Cricket Communications, Dobson, Midwest Wireless, Nextel Communications, Ntelos, Sprint PCS, T-Mobile USA, US Cellular, Verizon Wireless, and Virgin USA. You are solely responsible for ensuring that your mobile phone is compatible with the Service.
In order to install the Service on your Social Network Account, you will be prompted to submit your mobile phone number and other information ("Registration Data"). You agree to provide accurate, current and complete Registration Data and to update your Registration Data as necessary to keep it accurate, current and complete.
Following your submission of your mobile phone number, you will receive a Short Message Service (SMS) text message on your mobile phone with a confirmation code in it. To begin using the Service, you must either (1) place that confirmation code in the designated field on the Site and confirm the entered information, or (2) reply to the text message using your mobile phone by following the instructions provided in the text message. Either action will start your Service (as described further below). If you do not enter the confirmation code or send the correct reply text message, you will not be able to use the Service. If you try to access the Service, you will receive a standard SMS text message on your mobile phone asking if you would like to start the Service; if you agree, you will be sent another text message confirming that your Service has commenced.
ABD3 currently does not charge for use of the Service. If ABD3 implements a monthly fee for the Service (the "Premium SMS Rate"), this will appear on your mobile carrier's regular monthly billing statement and your billing date for the Service is the monthly anniversary date on which you began the Service. (If your anniversary date falls on a date not included in the billing month, you will be billed on the last day of that month). Three days before your monthly billing date, you will receive an SMS text message informing you of your upcoming billing date; on your actual monthly billing date, you will receive a premium SMS text message informing you of your payment (the "Premium SMS").
With the exception of the Premium SMS (which is included in the Premium SMS Rate), all other text messages that you send to or receive from the Service or third parties will be billed in accordance with your individual rate plan with your mobile carrier. Other charges may apply depending on your individual rate plan and mobile carrier. You are solely responsible for the payment of all charges. Please refer to your mobile carrier's regular billing statement for charges related to the Service.
ABD3 reserves the right to change the Premium SMS Rate at any time. You will be notified of any such changes. You will not be charged the new Premium SMS Rate until you accept it. If you do not accept the Premium SMS Rate, including any changes to it, you are not authorized to use the Service.
In the future, ABD3 may add one or more features to the Service for an additional charge. (ABD3 currently contemplates that the rate for any additional feature will be either $0.49 or $1.99). ABD3 will notify you when a new feature becomes available. You will not be able to use the feature unless you affirmatively accept the associated charge.
Terminating Service
You can terminate the Service at any time by texting any one of the following commands to 555888 (the "Universal Number", which will be displayed on your Social Network Account): STOP, QUIT, END, CANCEL, UNSUBSCRIBE, STOP ALL. By texting these words to the Universal Number, you will terminate your access to the Service and the billing of the Service to you.
You may restart the Service at any time by repeating the registration process. Your new monthly billing date will be the anniversary of the date on which you restart the Service; provided, if you restart the Service within 30 days of your last billed date, ABD3 will continue your previous billing cycle as though Service had not been interrupted.
ABD3 reserves the right to modify or terminate the Service or these Terms without notice at any time, for any reason. The "Disclaimers," "Limitation of Liability," "Indemnification," and "Additional Terms" sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination.
User Restrictions
You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that are posted under your screen name(s) (collectively, "User Content").
You may not upload, transmit, post or otherwise share any content that: (a) violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights; (b) contains libelous, defamatory, or otherwise unlawful material; or (c) is obscene. You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You may not create or submit unwanted email or other messages to any Service users. You may not use any data mining, robots or similar data-gathering or extraction methods. You may not transmit any worms or viruses or any code of a destructive nature, including code that corrupts, disrupts, damages, or destroys data, software, or hardware.
Copyrights and Trademarks
ABD3 claims no intellectual property rights in your User Content. You grant ABD3, its successors, assigns, and affiliates an irrevocable, worldwide, non-exclusive, royalty-free right and license, with the right to sublicense, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content (in whole or in part) in any form, media, or technology now known or later developed, in connection with the Service. You also grant each user of the Service the right to access, display, view, store and reproduce your User Content and to download or print a copy of any portion of your User Content for the user's personal, non-commercial use. You represent and warrant to ABD3 that you own your User Content and have the right to grant the licenses in this paragraph.
All content on the Service (other than your User Content), including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Service Content"), is the property of ABD3, its other users or its licensors, with all rights reserved. Subject to these Terms, ABD3 grants you a limited license to access, display, view, store, reproduce, download and print copies of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you acknowledge the Service as the source of the Service Content, including by keeping all copyright and other proprietary notices intact and providing links to the Site whenever possible. You may not upload, frame, sell, or republish Service Content on any Internet, Intranet or Extranet site (other than your service network website) or incorporate the information in any other document, database or compilation, without ABD3's prior written permission. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Any use of the Service or the Service Content not specifically authorized in these Terms, without the prior written permission of ABD3, is strictly prohibited and is grounds for terminating the license. This license is revocable at any time without notice and with or without cause.
ABD3 owns the YellowPin® trademark ("Mark"). You may not use the Mark in connection with any product or service, nor in any manner that is likely to cause confusion about whether ABD3 is the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use the ABD3 Mark or ABD3's name in any manner that disparages or discredits ABD3.
No Unlawful or Prohibited Use
You may not use the Service for any purpose that is illegal or prohibited by these Terms. You agree to comply with all laws in your jurisdiction regarding online conduct and acceptable content (including but not limited to copyright laws). ABD3 reserves the right to remove content and accounts and prohibit use of public place names and usernames that it determines in its sole discretion are or may be unlawful, threatening, offensive, obscene or in violation of any party's intellectual property rights, other legal rights, or these Terms.
Reports of Copyright Infringement
ABD3 undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. If you believe that any content hosted on the Site violates your copyrights, you may submit notice of those violations in compliance with the Digital Millennium Copyright Act (DMCA) to the agent that we have designated with the Copyright Office:
Sayles Braga
Email: sayles@abd3llc.com
Tel: (646) 502-7469
Or if by mail:
c/o John E. Schmeltzer, Esq.
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036
The notice must contain the following information:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ABD3 to locate the material;
(4) Information reasonably sufficient to permit ABD3 to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. ABD3 reserves the right to prohibit use of public place names and usernames on behalf of businesses or individuals that hold intellectual property rights or other legal claims to those public place names or usernames.
Links, Metatags, Third-Party Websites
You may not use metatags or any other "hidden text" that incorporates ABD3 Marks, marks confusingly similar to ABD3 Marks, or ABD3's name without ABD3's prior written consent. The YellowPin® Service pages may contain links to websites controlled by third parties. If you decide to access outside websites you do so at your own risk. ABD3 does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss or damage that you may suffer by using other websites. You should read the terms of use and privacy policies that govern your use of third-party sites, including the site for your social network.
Disclaimer
THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, ABD3 MAKES NO WARRANTY THAT THE SERVICE OR THE SERVICES PROVIDED ON THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SERVICE OR ABD3'S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICE, INCLUDING ANY SERVICES PROVIDED ON THE SERVICE, WILL BE AVAILABLE, OR THAT DATA ENTERED WILL BE SECURE FROM UNAUTHORIZED ACCESS.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, INCLUDING ANY SOFTWARE, CONTENT OR OTHER MATERIALS ON THE SERVICE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES IS ABD3 OR ITS OFFICERS, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ABD3 SHALL HAVE NO LIABILITY FOR ANY CONTENT OF ITS USERS. YOU ALSO AGREE THAT (1) ABD3 SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SERVICE CONTENT OR TO UTILIZE ANY SERVICES PROVIDED ON THE SERVICE AND (2) ABD3 SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, MOBILE PHONE, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SERVICE CONTENT OR TO UTILIZE THE SERVICES PROVIDED ON THE SERVICE, AND YOU SHALL BE SOLEY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SERVICE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THESE TERMS, OR FEEL THAT ABD3 HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THE TOTAL LIABILITY OF ABD3 TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF EITHER THE AMOUNT YOU PAID FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL. BOTH PARTIES INTEND THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
Indemnification
You agree to indemnify and hold ABD3, its subsidiaries, affiliates, officers, managers, members, agents, co-branders or other partners, and employees, harmless from all liabilities, damages, losses, or expenses, including reasonable attorneys' fees, that ABD3 may incur based upon any third-party claims related to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another. ABD3 reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide ABD3 with whatever cooperation it reasonably requests.
Governing Law
These Terms are governed by and subject to the laws of the state of New York applicable to agreements made and wholly performed there, without giving effect to any principles of conflicts of law. You hereby agree that exclusive jurisdiction for the resolution of any dispute between you and ABD3 arising from or relating to these Terms or the Service will be the applicable state and federal courts located in the State and County of New York, and your irrevocably waive any objection to venue based on the grounds of forum non conveniens or otherwise.
Additional Terms
These Terms, including the Privacy Policy
Technical Support
For Service or Help info, please refer to the help linksupport@yellowpin.com or call for support at 877-806-3596.
Questions
You can contact ABD3 at info@abd3llc.com
PLEASE READ THE FOLLOWING TERMS CAREFULLY, INCLUDING THE IMPORTANT WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY. BY USING THE YELLOWPIN® APPLICATION AND RELATED SERVICES ("SERVICE"), YOU AGREE TO BE BOUND BY THESE TERMS. ABD3 reserves the right, in its sole discretion, to modify these Terms at any time. Except as otherwise indicated below, any modifications will be effective immediately upon posting on the YellowPin® application web pages ("Site") linked to your social network account ("Social Network Account"). If ABD3 modifies these Terms, it will post a notice on the Site that modifications were made. Your continued use of the Service after ABD3 posts modified Terms indicates that you agree to be bound by the modified Terms. Therefore, it is your responsibility to check the Site for any modifications. If you do not agree to the Terms, you are not authorized to use the Service.
ABD3 is a developer and operator of applications and related services for social networks. The YellowPin® Service enables you to post information about yourself and find information about others in your social network, particularly pertaining to your geographic location.
Persons Under Age 13
You must be at least 13 years old to use the Service. You are not authorized to use the Service if you have not yet reached your 13th birthday.
Privacy Policy
Please carefully review ABD3's Privacy Policy, which is incorporated into these Terms. By using the Service, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.
Starting the Service; Billing
Currently, the Site and Service are only available to users in the U.S. In order to access the Service through your mobile phone, your mobile phone must be supported by one of the following carriers: Alltel, AT&T Wireless, Boost USA, Cellular South, Cincinatti Bell, Cingular Wireless, Cricket Communications, Dobson, Midwest Wireless, Nextel Communications, Ntelos, Sprint PCS, T-Mobile USA, US Cellular, Verizon Wireless, and Virgin USA. You are solely responsible for ensuring that your mobile phone is compatible with the Service.
In order to install the Service on your Social Network Account, you will be prompted to submit your mobile phone number and other information ("Registration Data"). You agree to provide accurate, current and complete Registration Data and to update your Registration Data as necessary to keep it accurate, current and complete.
Following your submission of your mobile phone number, you will receive a Short Message Service (SMS) text message on your mobile phone with a confirmation code in it. To begin using the Service, you must either (1) place that confirmation code in the designated field on the Site and confirm the entered information, or (2) reply to the text message using your mobile phone by following the instructions provided in the text message. Either action will start your Service (as described further below). If you do not enter the confirmation code or send the correct reply text message, you will not be able to use the Service. If you try to access the Service, you will receive a standard SMS text message on your mobile phone asking if you would like to start the Service; if you agree, you will be sent another text message confirming that your Service has commenced.
ABD3 currently does not charge for use of the Service. If ABD3 implements a monthly fee for the Service (the "Premium SMS Rate"), this will appear on your mobile carrier's regular monthly billing statement and your billing date for the Service is the monthly anniversary date on which you began the Service. (If your anniversary date falls on a date not included in the billing month, you will be billed on the last day of that month). Three days before your monthly billing date, you will receive an SMS text message informing you of your upcoming billing date; on your actual monthly billing date, you will receive a premium SMS text message informing you of your payment (the "Premium SMS").
With the exception of the Premium SMS (which is included in the Premium SMS Rate), all other text messages that you send to or receive from the Service or third parties will be billed in accordance with your individual rate plan with your mobile carrier. Other charges may apply depending on your individual rate plan and mobile carrier. You are solely responsible for the payment of all charges. Please refer to your mobile carrier's regular billing statement for charges related to the Service.
ABD3 reserves the right to change the Premium SMS Rate at any time. You will be notified of any such changes. You will not be charged the new Premium SMS Rate until you accept it. If you do not accept the Premium SMS Rate, including any changes to it, you are not authorized to use the Service.
In the future, ABD3 may add one or more features to the Service for an additional charge. (ABD3 currently contemplates that the rate for any additional feature will be either $0.49 or $1.99). ABD3 will notify you when a new feature becomes available. You will not be able to use the feature unless you affirmatively accept the associated charge.
Terminating Service
You can terminate the Service at any time by texting any one of the following commands to 555888 (the "Universal Number", which will be displayed on your Social Network Account): STOP, QUIT, END, CANCEL, UNSUBSCRIBE, STOP ALL. By texting these words to the Universal Number, you will terminate your access to the Service and the billing of the Service to you.
You may restart the Service at any time by repeating the registration process. Your new monthly billing date will be the anniversary of the date on which you restart the Service; provided, if you restart the Service within 30 days of your last billed date, ABD3 will continue your previous billing cycle as though Service had not been interrupted.
ABD3 reserves the right to modify or terminate the Service or these Terms without notice at any time, for any reason. The "Disclaimers," "Limitation of Liability," "Indemnification," and "Additional Terms" sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination.
User Restrictions
You are solely responsible for any activity and content (including, without limitation, data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links to third-party content) that are posted under your screen name(s) (collectively, "User Content").
You may not upload, transmit, post or otherwise share any content that: (a) violates or infringes upon the rights of any third party, including, without limitation, copyright, trademark, privacy, publicity or other personal or proprietary rights; (b) contains libelous, defamatory, or otherwise unlawful material; or (c) is obscene. You may not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You may not create or submit unwanted email or other messages to any Service users. You may not use any data mining, robots or similar data-gathering or extraction methods. You may not transmit any worms or viruses or any code of a destructive nature, including code that corrupts, disrupts, damages, or destroys data, software, or hardware.
Copyrights and Trademarks
ABD3 claims no intellectual property rights in your User Content. You grant ABD3, its successors, assigns, and affiliates an irrevocable, worldwide, non-exclusive, royalty-free right and license, with the right to sublicense, to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display your User Content (in whole or in part) in any form, media, or technology now known or later developed, in connection with the Service. You also grant each user of the Service the right to access, display, view, store and reproduce your User Content and to download or print a copy of any portion of your User Content for the user's personal, non-commercial use. You represent and warrant to ABD3 that you own your User Content and have the right to grant the licenses in this paragraph.
All content on the Service (other than your User Content), including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Service Content"), is the property of ABD3, its other users or its licensors, with all rights reserved. Subject to these Terms, ABD3 grants you a limited license to access, display, view, store, reproduce, download and print copies of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you acknowledge the Service as the source of the Service Content, including by keeping all copyright and other proprietary notices intact and providing links to the Site whenever possible. You may not upload, frame, sell, or republish Service Content on any Internet, Intranet or Extranet site (other than your service network website) or incorporate the information in any other document, database or compilation, without ABD3's prior written permission. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Any use of the Service or the Service Content not specifically authorized in these Terms, without the prior written permission of ABD3, is strictly prohibited and is grounds for terminating the license. This license is revocable at any time without notice and with or without cause.
ABD3 owns the YellowPin® trademark ("Mark"). You may not use the Mark in connection with any product or service, nor in any manner that is likely to cause confusion about whether ABD3 is the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use the ABD3 Mark or ABD3's name in any manner that disparages or discredits ABD3.
No Unlawful or Prohibited Use
You may not use the Service for any purpose that is illegal or prohibited by these Terms. You agree to comply with all laws in your jurisdiction regarding online conduct and acceptable content (including but not limited to copyright laws). ABD3 reserves the right to remove content and accounts and prohibit use of public place names and usernames that it determines in its sole discretion are or may be unlawful, threatening, offensive, obscene or in violation of any party's intellectual property rights, other legal rights, or these Terms.
Reports of Copyright Infringement
ABD3 undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. If you believe that any content hosted on the Site violates your copyrights, you may submit notice of those violations in compliance with the Digital Millennium Copyright Act (DMCA) to the agent that we have designated with the Copyright Office:
Sayles Braga
Email: sayles@abd3llc.com
Tel: (646) 502-7469
Or if by mail:
c/o John E. Schmeltzer, Esq.
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036
The notice must contain the following information:
(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ABD3 to locate the material;
(4) Information reasonably sufficient to permit ABD3 to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(5) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. ABD3 reserves the right to prohibit use of public place names and usernames on behalf of businesses or individuals that hold intellectual property rights or other legal claims to those public place names or usernames.
Links, Metatags, Third-Party Websites
You may not use metatags or any other "hidden text" that incorporates ABD3 Marks, marks confusingly similar to ABD3 Marks, or ABD3's name without ABD3's prior written consent. The YellowPin® Service pages may contain links to websites controlled by third parties. If you decide to access outside websites you do so at your own risk. ABD3 does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss or damage that you may suffer by using other websites. You should read the terms of use and privacy policies that govern your use of third-party sites, including the site for your social network.
Disclaimer
THE CONTENT, SERVICES AND/OR MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, ABD3 MAKES NO WARRANTY THAT THE SERVICE OR THE SERVICES PROVIDED ON THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SERVICE OR ABD3'S SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICE, INCLUDING ANY SERVICES PROVIDED ON THE SERVICE, WILL BE AVAILABLE, OR THAT DATA ENTERED WILL BE SECURE FROM UNAUTHORIZED ACCESS.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, INCLUDING ANY SOFTWARE, CONTENT OR OTHER MATERIALS ON THE SERVICE, AND ANY RELIANCE UPON IT, IS AT YOUR SOLE RISK. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES IS ABD3 OR ITS OFFICERS, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, OR ANY THIRD PARTY PROVIDER OF DATA OR INFORMATION, LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS REVENUE, LOST PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, OR YOUR RELIANCE ON ANY ADVICE, INFORMATION, OR CONTENT ON THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ABD3 SHALL HAVE NO LIABILITY FOR ANY CONTENT OF ITS USERS. YOU ALSO AGREE THAT (1) ABD3 SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, HANDHELD DEVICE, OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SERVICE CONTENT OR TO UTILIZE ANY SERVICES PROVIDED ON THE SERVICE AND (2) ABD3 SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO ANY DATA ON YOUR PERSONAL COMPUTER, MOBILE PHONE, HANDHELD DEVICE OR ANY OTHER STORAGE/PLAYBACK DEVICE USED BY YOU TO STORE OR DISPLAY THE SERVICE CONTENT OR TO UTILIZE THE SERVICES PROVIDED ON THE SERVICE, AND YOU SHALL BE SOLEY RESPONSIBLE FOR ANY SUCH LOSS OR DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME, LOSS OF CONTENT, AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL CONTENT ABOUT YOURSELF IN YOUR USE OF THE SERVICE AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THESE TERMS, OR FEEL THAT ABD3 HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THE TOTAL LIABILITY OF ABD3 TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF EITHER THE AMOUNT YOU PAID FOR THE SERVICES IN QUESTION OR ONE HUNDRED DOLLARS (US$100) TOTAL. BOTH PARTIES INTEND THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
Indemnification
You agree to indemnify and hold ABD3, its subsidiaries, affiliates, officers, managers, members, agents, co-branders or other partners, and employees, harmless from all liabilities, damages, losses, or expenses, including reasonable attorneys' fees, that ABD3 may incur based upon any third-party claims related to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another. ABD3 reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide ABD3 with whatever cooperation it reasonably requests.
Governing Law
These Terms are governed by and subject to the laws of the state of New York applicable to agreements made and wholly performed there, without giving effect to any principles of conflicts of law. You hereby agree that exclusive jurisdiction for the resolution of any dispute between you and ABD3 arising from or relating to these Terms or the Service will be the applicable state and federal courts located in the State and County of New York, and your irrevocably waive any objection to venue based on the grounds of forum non conveniens or otherwise.
Additional Terms
These Terms, including the Privacy Policy
Technical Support
For Service or Help info, please refer to the help linksupport@yellowpin.com or call for support at 877-806-3596.
Questions
You can contact ABD3 at info@abd3llc.com