Yebber.com – Terms of Use
The purpose of Yebber.com’s online service is to help you to find products, businesses and services based on the opinions of other Yebber.com users who post their experiences and views online. These experiences may be positive or negative. This Terms of Use explain the legally binding terms for accessing or using the service/s provided at the Yebber Site. You are required to read the terms of use carefully before using or accessing the site. Accessing or using the site indicates acceptance of the Terms of Use. If you are not willing to be bound by the Terms of Use, please refrain from accessing or using the Yebber Site.
You also acknowledge and agree that these Terms of Use are subjected to changes at any time without prior notification by Yebber.com and that such notification will be effective upon site activation by Yebber.com and made available at the Yebber Site. You are required to understand and review these Terms of Use periodically in order to be updated on the latest Terms of Use. Your continued access or usage of the Yebber Site indicates that you accept the new Terms of Use including but not limited to new features, services, improvements, eligibility requirements and customizations that are made available by Yebber.com after your initial access to the site. You shall be subject to the new Terms of Use as long as you access or use the Yebber Site.
1. Ownership
"Yebber.com" is the owner and developer of the Yebber Site. Title to and ownership of Yebber Site, including the source codes, databases and information contained therein shall remain exclusively with "Yebber.com” at all times.
2. Services Provided
Yebber Site is provided by Yebber.com on an as-is basis. The services provided are at the sole discretion of Yebber.com. Yebber.com will determine the appropriate time to make changes (either add, amend or delete) any service at Yebber.com’s sole discretion.
3. Refusal of Service
Yebber.com shall have the right to refuse registration to any users because of misuse, spamming, or for any other reasonable business reason.
Yebber.com reserves the right to revise, add, remove, suspend, discontinue and/or modify any aspect of the Yebber Site including its features, specifications, capabilities, functions and other characteristics without your prior written notice or consent.
The Yebber Site may contain link/s to various internet applications. You shall have no right to request the removal or addition of such link/s.
You understand and agree that Yebber.com may review, moderate, edit or delete any content, business listing, posting, reviews that violate the Terms of Use and that are deemed as being offensive, illegal, defamatory, or that violates, harms, potentially injure, or threaten the safety of other users and members of the Yebber Site or business establishment.
4. Termination of Agreement
Yebber.com reserves the right to immediately suspend your use of the Yebber Site should you fail to comply with the Terms of Use as set forth in this agreement.
Yebber.com reserves the right to amend its agreement with you, and if such amendments adversely impact your ability to conduct business for, through or in relation to the Yebber Site, you shall be free to terminate or cancel this agreement. Cancellation or termination of this agreement shall be your sole remedy and you shall be entitled to no refund of any kind or nature for any unused term of this agreement. You agree to waive all rights to claim or request of such refund (tangible or intangible).
Upon the termination of the agreement, Yebber.com reserves the right to delete from server(s) all information contained in such Yebber Site, including, but not limited to, postings, reviews, bookmarks, personal messages, user ratings and user statistics.
5. Yebber Site User Responsibility
You understand and agree to the following:-
- (1) To provide true, accurate and complete personal information as prompted during the sign up process and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- (2) You agree not to post, distribute, duplicate, copy any copyrighted material, registered trademarks or other privileged and confidential information without the prior written consent of the owners of such information, signed by the authorized party and confirm by way of company stamp.
- (3) You are solely responsible for any Content that you publish or display on the Yebber Site or transmit to other members and/or other website users (hereinafter referred to as "Published Content").
- (4) You are solely responsible for your opinions, ratings and reviews of companies, businesses and persons listed on Yebber.com. Yebber.com will not monitor disputes between you and any entity which you have reviewed.
- (5) You agree that all postings made to the site are what you believe to be factual and accurate and that you will not intentionally provide misleading, false or defamatory information.
- (6) By posting your Published Content on the Yebber Site, you agree to, hereby do grant and have the right to grant Yebber.com, its affiliates, vendors, customers, users and the users of the Yebber Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, digitally publish, print publish, publicly display, and distribute such Published Content and to prepare derivative works of, or incorporate into other works including but not limited to digital media, print media, consumable, apparels, such Published Content.
6. Yebber Site Users Obligations, Conduct and Postings
You acknowledge and agree that termination of the Yebber Site membership under any provision of this agreement may be effected without prior notice. You further acknowledge and agree that Yebber.com may immediately deactivate or delete any offending postings, services and all related information and files in its servers and/or database and/or may bar any further access to such files or databases including but not limited to your posting capabilities of the Yebber Site. You further agree that Yebber.com shall not be liable to you or any third party for termination of your access to the Yebber Site.
You represent and warrant that you will not post content that:-
- (a) defame, impersonate, invade the privacy, or infringe upon the rights of any third party or entity, including but not limited to the intellectual property, business, contractual or fiduciary rights of others;
- (b) are intentionally misleading, false and inaccurate;
- (c) are in any way connected with any unethical marketing practices, including, but not limited to the transmission of "spam" (the unsolicited mass distribution of email, and/or with a fake return address, or as defined in present or future laws). Yebber.com reserves the right to apply a penalty to Customer's account a penalty amount for spamming occurring within the Yebber Site with no maximum amount based on the damages suffered that jeopardizes Yebber.com ‘s operations of which you will be subjected to. Any User who promotes itself by spamming will have their account disabled immediately;
- (d) promote or engage in the sale of illegal or harmful goods, services or activities;
- (e) promote, recommend services or activities that exploit people under the age of 21 in a sexual or violent manner;
- (f) attempts to establish contact or obtain contact information with people under the age of 21 for sexual or violent purposes;
- (g) are offensive to other users of the Yebber Site, content or remarks that is deemed to be racist, causing ill feelings, manifesting hatred, abuse (verbal or physical), violence towards any users of the Yebber Site, organization, businesses and individual;
- (h) contain or have links to obscene, pornographic, sexually explicit nature, defamatory, libelous and causing ill intent whether of criminal intent or not;
7. Limited License
You acknowledge and agree that wrongful use, in whole or in part, other than viewing, browsing and use as intended in the spirit of this agreement, is prohibited, without first obtaining Yebber.com’s written consent, including, but not limited to:-
- (a) developing hidden pages or images, forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Yebber Site;
- (b) interfering with, or disrupting the Yebber Site or networks connected to the Yebber Site;
- (c) removing or interfering with the design or operation of any element on the Yebber Site, including, but not limited to, copyright notices, trademarks, toolbars, watermarks, logos, postings, reviews or advertising banners on the Yebber Site;
- (d) modification, authoring, reproduction, creation of derivative works from, decompiling from object code to source code, cross-compiling, reverse engineering, reverse assembling or otherwise attempting to discover any source code, mirroring or exploiting any portion of the Yebber Site;
- (e) copying or attempting to copy the Yebber Site;
- (f) gaining or attempting to gain unauthorized access to any servers controlled by Yebber.com;
- (g) use any robot, spider, retrieval application to index or retrieve any portion of the Yebber Site;
- (h) collecting any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share reviews with other Yebber users or members;
- (i) creating accounts by any automated or manual means for fraudulent activities or intent;
- (j) submitting copyrighted and patented materials without the legitimate owner’s written consent;
- (k) creating content and postings that are false, defamatory or misleading or imply that such content is promoted, sponsored, endorsed by Yebber.com;
- (l) transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- (m) using Yebber Site to store, illegal material that are deemed offensive, obscene and defamatory whether in plain or encrypted formats;
- (n) copying or storing Posted Content on the Yebber Site for other than your own personal use;
- (o) use the Yebber Site, intentionally or unintentionally, to violate any applicable local, national or international law;
- (p) attempt to or collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
8. Yebber Member Information Handling
Yebber.com maintains information about Yebber Site members on its servers, including but not limited to personal information, posting information and other relevant information. You understand and agree that Yebber.com may disclose to third parties aggregate information contained in Customer Registration Data or related data, provided that, such information will NOT include personally identifying information to anyone other than the company. Except in order to:-
- (a) comply with the law or legal process;
- (b) enforce this Agreement;
- (c) respond to claims that the Yebber Site user is engaged in activities that violate the rights of third parties;
- (d) protect the rights of the Company Service or others;
9. Usage of Yebber Services
You understand that in order to utilize the Yebber Site that:-
- (a) web-browsing software and access to the World Wide Web are necessary, either directly or through that access web-based content;
- (b) Yebber.com shall not be responsible for the payment of such service fees and/or charges related thereto, but not limited to obtaining or maintaining all telephone, internet access, computer hardware and other equipment needed for access to the Yebber Site and do not commit to support any particular browsing platform;
- (c) In the case where you are led to any site or service reviewed at Yebber Site that Yebber.com is not responsible for the result or experience that you may receive from the site reviewed and that you will not hold Yebber.com responsible for any injury, medical expenses, insurance claims, illness, misfortune or death resulting from an experience with the site reviewed at Yebber.com;
- (d) You will pay for whatever service you choose to participate in as reviewed by Yebber Site members and that Yebber.com will not be held liable for any debts, credits or defaults incurred by you;
- (e) If you enter into any correspondence or engage in commercial transactions with third parties or the sites reviewed in the Yebber Site in connection with your use of the Yebber Service, such activity whether commercial or personal, is solely between you and the applicable third party. Yebber.com shall have no implied liability, obligation or responsibility to get involved or arbitrate for any such activity. You hereby release Yebber.com from all claims arising from such activity;
10. Disclaimer of Warranties
You expressly understand and agree that:
- (a) Yebber.com expressly disclaim 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;
- (b) the use of this service is strictly at the Customer's sole risk and that Yebber.com make no representations or warranties that :-
- i) the Service will meet the your requirements;
- (ii) the quality of any products or services, information, or other material purchased or obtained
by you will will meet your expectations, and
- (iii) the service will be uninterrupted, timely, secure, or error-free,
- (iv) the results that may be obtained from the use of the service will be accurate or reliable,
- (v) any errors in the software will be corrected,
- (vi) the security mechanism incorporated in the software will not have inherent limitations, or
- (vii) the service will not have any typographical, technical or other errors.
- i) the Service will meet the your requirements;
You acknowledge and agree that any material and/or data downloaded or otherwise obtained through the use of the Yebber Site service is done at you discretion and risk and that you will be solely responsible for any damages to you computer system or loss of data that results from the download of any material or data.
You further acknowledge and agree that the majority of the links in Yebber Site leads to web sites maintained by individuals or organizations other than Yebber.com , over whom Yebber.com have no control.
These links are added as a convenience to you, and the inclusion of any link does not imply an endorsement by Yebber.com of the linked sites, their content or their owners. Yebber.com makes no representations whatsoever about the linked web sites that you may access through the service, although Yebber.com will use reasonable precautions and efforts to attempt to ensure that the service is "Friendly" and that the linked sites are free of pornography, liquor, tobacco or on-line gambling, although Yebber.com do no warranty that the Yebber Site is free of such. Each party recognizes and agrees that the disclaimers and limitations in this agreement are material, are bargained for, are for the benefit of Yebber.com and that you have taken these into account and are reflected in the consideration to be given to each party under this agreement and in the decision by each party to enter into this agreement.
Some jurisdictions do not allow the exclusion of warranties or liabilities as provided above. A ccordingly, some of these exclusions may not apply to you.
11. Force Majeure
Yebber.com shall not be liable to you or anyone for any loss, expense or cost incurred by you resulting from the failure for not able to provide Yebber.com services due to causes beyond the reasonable control by Yebber.com, including but not limited to war, fire, explosions, strikes, acts of terrorism, acts of God, power failures, government priorities, labor stoppages, ill or absent employees, supplier failure or delay, civil disorder, computer hacking or attacks or breakdown or malfunction of utilities, communication systems, machinery, computers, transportation facilities or other equipment of any nature.
12. Limited Liability
Yebber.com's entire liability and your exclusive remedy for damages from any cause whatsoever shall be limited to the most recent subscription fee, if any, paid to Yebber.com by you for the Yebber Service in the 12 months prior to the action giving rise to liability and shall not include or extend any claims for or right to recover any damages including but not limited to, loss of profit, loss of data or loss of business information arising from the cause of or inability to use the Yebber Site.
You acknowledge and agree that Yebber.com and their subsidiaries, affiliates, officers, directors, shareholders, employees and agents shall not be liable under any circumstances or legal theories whatsoever, for any loss of business, profits, goodwill or anticipated benefits, loss of use or data, loss of use of domain name (for whatever reason, whether temporary or otherwise), interruption of business, or for any indirect, special, incidental or consequential damages of any character even if "ISE" is aware of the risk of such damages, that result from errors, defects, tort, omissions, delays in operation or transmission, or another failure of performance of the Yebber Site.
13. Compliance to Local Law
The Yebber Site is provided for persons eighteen (18) years of age or older. Customer is responsible for compliance with all applicable local laws regarding such access.
14. Governing Law
Any controversy of claim between the parties hereto arising out of the Agreement shall be settled by arbitration in Singapore before a single impartial arbitrator under the Arbitration Court of Singapore.
15. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter thereof and supercedes all proposals, oral or written, all previous negotiation and all other communications between the parties with respect to the subject matter thereof. No modification, alteration or waiver of any provision herein contained shall be binding on the parties hereto unless evidenced by a written amendment signed by duly authorized representatives of both parties. Any terms or conditions of any purchase order or other instrument issued by the Customer which are in addition to or inconsistent with the terms and conditions of this Agreement shall not be binding on Yebber.com.
16. Privacy
Use of the Yebber Site and/or the Yebber Service is governed by our Privacy Policy, a copy of which is currently located at http://www.yebber.com/privacy/
17. Survival of Terms of Use
These Terms of Use will remain in full force and effect while you use the Yebber Site. Either Party may terminate these Terms of Use for any reason, at any time. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive any termination or expiration of these Terms of Service.
18. Contact and Violations.
Please contact us with any questions regarding these Terms of Use. You can report any violations of the Terms of Use to [email protected].