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.
Disclaimer
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.
Indemnification
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.
USER CONDUCT
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 acknowledge that Berybos LLC may or may not pre-screen
Content, but that Berybos LLC and its designees shall have
the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or move any Content that is available
in this site. Without limiting the foregoing, Berybos.com
and its designees shall have the right to remove any Content
that violates the Terms of Use or is otherwise
objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of
such Content.
You acknowledge, consent and agree that Berybos LLC may
access, preserve, and disclose your account information and
Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce the Terms of Use; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the
rights, property, or personal safety of Berybos LLC, its
users and the public.
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.