This is the Berybos LLC Agreement. Please read the following
very carefully. By purchasing the services offered at
Berybos.com, and/or by using this site, its products,
corporate solutions and services you hereby agree to the
following TERMS AND CONDITIONS and all associated policies.
If you do not agree to the terms and conditions, you must
stop using this site, as these are legally binding and will
affect your rights. This agreement may change from time to time and you
can find the latest version in this page. Your use of this Web Site and the
services provided, shall be deemed to constitute your
consent to be bound by the terms and conditions of the
Agreement and shall be enforceable in the same way as if you
had signed the Agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Compliance With Laws
You agree to comply with all applicable local, national and international laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission. Without exception, under all circumstances, Berybos LLC cannot be held responsible for your non-compliance to any of the applicable laws.
Berybos LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS MAY SUFFER. Berybos LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Berybos LLC DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Berybos LLC AND ITS EMPLOYEES. Berybos LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
MEMBERS SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT TO ANYONE ELSE. HOWEVER, Berybos LLC MAY ASSIGN THE MEMBER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE MEMBER. Berybos LLC RESERVES RIGHT TO CANCEL MEMBERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
Limitations of Liability
You will not hold Berybos LLC responsible for other users' actions or inactions, including things they post.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Berybos LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Berybos LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(1) THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THIS WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THIS WEB SITE.
Regardless of the previous paragraphs in this section, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 6 months prior to the action giving rise to the liability, and (b) $100.
You agree to indemnify and hold harmless Berybos LLC, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may receive a password and account designation upon completing the specific Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Berybos LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Berybos LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Berybos LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via this site or any one of the portfolio websites owned by Berybos LLC. Berybos LLC does not control the Content posted in this site, or in its portfolio sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this site or any one of our other sites owned by Berybos LLC, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Berybos LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available in this site.
You agree to NOT to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Berybos LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another; or
14. collect or store personal data about other users.
15. use the Site if you are not able to form legally binding contracts, are under the age of 18
16. circumvent or manipulate our payment structure, the billing process, or in certain cases fees owed to Berybos LLC
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices
Payments and Fees
You acknowledge and agree that all the FEES paid for any services offered are NON-REFUNDABLE, unless otherwise specified by a refund policy related to one of our product or brand or service.
Proprietary rights and Trademarks
You acknowledge and agree that the contents and materials available on the Berybos.com site and the software used in connection with Berybos.com contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Unless expressly authorized by Berybos LLC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Berybos.com site's contents, materials or the software, in whole or in part. Except as expressly provided in this Agreement, you are NOT granted any rights or license to any intellectual property with respect to the Berybos.com site or its contents. Berybos LLC reserves all rights and the name "Berybos" and its respective logos, are Berybos LLCs' trademarks. You are not allowed to use or display any of these unless you have our prior express written permission.
MODIFICATION, SUSPENSION, TERMINATION
You agree that Berybos LLC may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Berybos LLC will not be liable for the consequences of doing so. You also agree that Berybos LLC may, in its sole discretion, and at any time, completely terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that Berybos LLC, in its sole discretion, deems appropriate. You further agree that Berybos LLC will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website.
As this terms and conditions may change from time to time, you should check back periodically, in order to stay informed.