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MYABCSPACE provides this web site ("Site") to you and these Terms and Conditions (“Terms and Conditions” or “Agreement”) apply to this Site. This Agreement is made between you and MYABCSPACE. The Site and all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") are subject to the following Terms and Conditions, which may be updated from time to time. The Site is provided to you under these Terms and Conditions, and amendments thereto and any operating rules or policies. We reserve the right to update and change these Terms and Conditions from time to time with or without notice to you.
YOUR ACCESS TO AND USE OF THIS SITE AND CONTENT PROVIDED ON THIS SITE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR CONTENT CONTAINED ON THIS SITE. YOUR ACCESS TO AND USE OF THIS SITE CONSTITUTE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
You acknowledge and agree that (a) all Content is the copyrighted work of MYABCSPACE or its third party content suppliers and is protected by copyright laws, (b) MYABCSPACE’s name, the domains www.myabcspace.com, the logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of MYABCSPACE (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Site are the property of their respective owners. In addition to agreeing to comply with all applicable laws, you agree you will not use any such Content or Marks from this Site for any purpose without the appropriate prior written authorization.
This Site does not claim any ownership in any photographs, images, video, works of authorship, or other materials, including biographical, photographic and other information identifying you (“Submission”) submitted by you. By submitting a Submission to this Site, you grant MYABCSPACE a perpetual, nonexclusive, worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute such Submission as reasonably necessary in the ordinary course of running and marketing MYABCSPACE. You hereby acknowledge and fully understand that the grant of rights extended to MYABCSPACE and the Site by you includes the right to use and to re-use the Submission, in whole or in part, and to authorize others to use and to re-use the Submission, an unlimited number of times without compensation to, or approval by, you. Such use may include, but is not limited to, editorial, entertainment, advertising, exhibition, promotion, cross-promotion, sales, leasing, rental, merchandising and trade purposes.
You represent and warrant that all Submissions you provide to MYABCSPACE are exclusively owned by you and do not infringe on any person’s intellectual property rights (including, but not limited to copyrights, trademarks, service marks, or any other proprietary, publicity, or privacy rights).
In order for Member to participate in the Service, MYABCSPACE will require Member to provide specific information about Member and/or and Member's business. If Member chooses to become a customer, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall maintain a valid email address at all times. Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify MYABCSPACE for such actions.
Member hereby acknowledges that MYABCSPACE may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) content posted on the Member Web Site will be retained by MYABCSPACE, (b) maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Web sites per Member Account, (e) maximum number of photographs or other data according to the type of Member Account, (f) maximum limits on the number of pages within each Member Web Site, and (g) maximum time limitations for the retention of Member Content following a Trial Period or account cancellation. MYABCSPACE further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Member agrees that MYABCSPACE has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that MYABCSPACE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ABC, AND ITS PARENT, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR (WHO SHALL BE SELECTED BY MYABCSPACE). ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
Member's right to use the Service is personal to Member and Member's company and its employees (if applicable). Member, and not MYABCSPACE, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not MYABCSPACE, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.
MYABCSPACE does not control or monitor the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. MYABCSPACE reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. MYABCSPACE also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in MYABCSPACE's sole discretion. With respect to the content on the Member Web Site, Member agrees not to:
MYABCSPACE may terminate Member's account for failure to comply with the above listed rules of Member Conduct. Additionally, MYABCSPACE may request Member to place all or any portion of the Member Content behind password protection if MYABCSPACE determines that such content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If MYABCSPACE has requested Member to place Member Content behind password protection or if Member independently determines that the Member Content appropriately belongs behind password protection, Member may not publish the password in such a way that negates the limited-access nature of the password protected site. If MYABCSPACE requests Member to place any Member Content behind password protection and Member fails to do so promptly, MYABCSPACE reserves the right to (a) place such content behind password protection itself, or (b) terminate Member's Account.
MYABCSPACE may, at its discretion, modify or discontinue any of the Content or a portion thereof, with or without notice. You agree that MYABCSPACE will not be liable to you or any third party for any modification or discontinuance of any of the Content. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Member created Web sites, in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Except with the written permission of MYABCSPACE, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND CONTENT IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. ABC AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS SITE DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. MYABCSPACE AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE CONTENT IS ACCURATE OR ERROR-FREE; AND (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE RELIABLE.
YOU EXPRESSLY WARRANT AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU UNDERSTAND AND AGREE THAT ABC AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE THE SITE or CONTENT, OR FROM YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE, EVEN IF MYABCSPACE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON MYABCSPACE, THEN YOU AGREE THAT MYABCSPACE’S TOTAL LIABILITY FOR ANY OR ALL OF YOUR LOSSES OR INJURIES FROM MYABCSPACE’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED $100.
Governing Law
These Terms and Conditions are governed by the laws of Illinois without regard to conflict of law provisions with the exception of the Arbitration provision, which shall be governed by the Federal Arbitration Act. You hereby consent to the exclusive jurisdiction of the courts of the State of Illinois. Venue shall be in Cook County, Illinois.
Entire Agreement
These Terms and Conditions, the Privacy Policy, and other policies MYABCSPACE may post on this Site constitute the entire Agreement between MYABCSPACE and you in connection with your use of this Site, any products or services offered on this Site, and the Content, and supersede any prior versions of the Terms and Conditions, if applicable. MYABCSPACE may update these Terms and Conditions from time to time by posting revised Terms and Conditions on this Site, without notice to you, and your subsequent use of the Site is governed by those new Terms and Conditions. The Terms and Conditions are effective until terminated by MYABCSPACE. In the event of termination, the Proprietary Rights, Disclaimers, Limitations of Liabilities, and Governing Law provisions set forth in these Terms and Conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in this Site, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Privacy Policy
MYABCSPACE’s policy on how your personal information is used and disclosed is contained in our Privacy Policy. You agree to accept these Terms and Conditions, any notifications and revisions, and any notices provided electronically on this Site.
Links
We have no control over and are not responsible for the content of or claims made on websites that may be linked to or from this Site, whether or not they may be affiliated with us. Any websites linked to or from our Site are for your convenience only, and you access them at your own risk.
