Website Terms & Conditions

IMPORTANT LEGAL NOTICE

ATTENTION:

This legal notice applies to the entire contents of this website under the domain name Abacussi.com, to any websites owned or operated by us and to any correspondence by e-mail between us and you and any other forms of written correspondence from any member working for Abacussi. com or Abacussi ltd. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this website. This notice is issued by Abacussi.com and Abacussi Ltd , and it is understood that when Abacussi.com is named throughout this document it is implicitly referring to Abacussi Ltd as well.

Introduction

1.1 You may access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.
1.2 By accessing any part of this website you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this website immediately. If you breach any of the terms in this legal notice, your permission to use this website automatically terminates.
1.3 Abacussi.com may revise this legal notice at any time by updating this posting. You should check this website from time to time to review the then current legal notice, because it is binding on you.

Service Provided

Once you have confirmed your agreement in full to the terms of this licence, you will then be able to use the search facilities on the website to attempt to locate, where available, from the members the information specified in your search request.

Service Access

While Abacussi.com endeavours to ensure that this website is normally available 24 hours a day, Abacussi.com shall not in any way be liable if for any reason this website is unavailable at any time or for any period. Neither will it have liability for loss of work or any monies, incomes, related either directly or indirectly to Abacussi.com either due to unforeseen system failure or closure for necessary repairs or any temporary closure due to improvements of or updating of the site.

Your Acceptance

Although we may attempt to notify you when major changes are made to these terms of service you should periodically review the most up to date version. Abacussi.com may, in its sole discretion modify or revise these terms of service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this agreement shall be deemed to confer any third party rights or benefits.

Proprietary Rights in Content on Abacussi.com

Abacussi.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship or any other materials (collectively, ‘content’) that you post to the Abacussi services. After posting your content to the Abacussi services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By displaying or publishing (‘posting’) any content on or through the Abacussi services, you hereby grant to Abacussi.com a limited licence to use, modify, publically perform, publically display, reproduce, and distribute such content on and through the Abacussi services. Without this licence, Abacussi.com would be unable to provide the Abacussi services. For example, without the right to modify member content Abacussi.com would not be able to digitally compress music files that members submit or otherwise format content to satisfy technical requirements and without the right to publically perform member content Abacussi.com could not allow users to listen to music posted by members. The licence your grant to Abacussi.com is non exclusive (meaning you are free to licence your content to anyone else in addition to Abacussi.com), fully paid and royalty free (meaning that Abacussi.com is not required to pay you for the use on the Abacussi services of the content that you post), sub-licensable (so that Abacussi.com is able to use its affiliates and sub contractors such as internet content delivery networks to provide the Abacussi services), and worldwide (because the internet and the Abacussi services are global in reach). This licence will terminate at the time you remove your content from the Abacussi services. You represent and warrant that:-
(i) You own the content posted by you on or through the Abacussi services or otherwise have the right to grant the licence set forth in this section. (ii) The posting of your content on or through the Abacussi services does not violate the privacy rights, publicity rights, intellectual property right (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, any other monies owing any person by reason of any content posted by you to or through the Abacussi services.

Content posted

Abacussi.com may delete any content that in the sole judgement of Abacussi.com violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Abacussi.com assumes no responsibility for monitoring the Abacussi services for inappropriate content or conduct. If at any time Abacussi.com chooses, in its sold discretion, to monitor the Abacussi services, Abacussi.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
(a) You are prohibited from posting or transmitting to or from this website: (1) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience (2) for which you have not obtained all necessary licences and/or approvals from the relevant persons including without limitation with respect to any third party intellectual property rights, from the owners of such rights (3) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world or (4) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(b) You may not misuse the website (including, without limitation, by hacking).
(c) Abacussi.com shall fully co-operate with any law enforcement authorities or court order requesting or directing Abacussi.com to disclose the identity or locate anyone posting any material in breach the paragraphs contained within Content Posted.

Copyright Policy

You may not post, modify, distribute or reproduce in any way any copyrighted material, trade marks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Abacussi.com to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Abacussi.com by the copyright owner or the copyright owners legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Abacussi services in a way that constitutes copyright infringement, please provide us with the following information.
(i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Abacussi services;
(iv) your address, telephone number, and e-mail address;
(v) a written statement by you that you have in good faith belief that the disputed use if not authorised by the copyright owner, its agent, or the law;
(vi) a statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Privacy

Use of the Abacussi services is also governed by our privacy policy, which is incorporated into this agreement by this reference.

Your use of content on the site

In addition to the general restrictions above the following conditions and restrictions apply specifically to your use of content on the Abacussi.com website:-
(a) You may access the Abacussi.com content, members submissions and other content only as permitted under this agreement. Abacussi.com reserves all rights not expressly granted in and to the Abacussi. com content and the Abacussi.com service.
(b) You agree not to circumvent, disable or otherwise interfere with security related features of the Abacussi.com website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Abacussi.com website or the content therein. (c) You understand that when using the Abacussi.com website you will be exposed to member submissions from a variety of sources, and that Abacussi.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such member submissions. You further understand and acknowledge that you may be exposed to member submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Abacussi.com with respect thereto, and agree to indemnify and hold Abacussi.com, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

ADVERTISING AGREEMENT

Abacussi.com reserves the right to place all and any form of advertising on members individual profile pages in accordance with its legitimate business expectations. Members have to agree to this and will in no way alter, change, move or modify these adverts. Members found infringing this clause will be removed from the site without prior notice.

Your member submissions and conduct

(a) You shall be solely responsible for your own member submissions and the consequences of posting or publishing them. In connection with member submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use an authorise Abacussi.com to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all member submissions to enable inclusion and use of the member submissions in the manner contemplated by the website and these terms and conditions.
(b) For clarity, you retain all of your ownership rights in your member submissions. However, by submitting member submissions to Abacussi.com you hereby grant Abacussi.com a worldwide, non exclusive, royalty free, sub-licensable and transferrable license to use, reproduce, distribute, prepare derivative works of, display, and perform the member submissions in connection with the Abacussi.com website and Abacussi.com (and its successors and affiliates) business, including without limitation for promoting and redistributing part or all of the Abacussi.com website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Abacussi.com website a non exclusive license to access your member submissions through the website, and to use, reproduce, distribute, display and perform such member submissions as permitted through the functionality of the website and under these terms and conditions. The above licenses granted by you in member videos terminate within a commercially reasonable time after you remove or delete your member videos from the Abacussi.com website.
(c) Abacussi.com does not endorse any member submissions or any opinion, recommendation, or advice expressed therein, and Abacussi.com expressly disclaims any and all liabilities in connection with member submissions. Abacussi.com does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Abacussi.com will remove all content and member submissions if properly notified that such content or member submission infringes on anothers intellectual property rights. Abacussi.com reserves the right to remove content and member submissions without prior notice.
(d) Abacussi.com does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Abacussi.com website or any hyperlinked website or featured in any banner or other advertising, and Abacussi.com will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

Eligibility

By using Abacussi services you warrant that:-
(a) All registration information you submit is truthful and accurate.
(b) You will maintain the accuracy of such information.
(c) You affirm that you are either more than 16 years of age, or emancipated minor, or possess legal, parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warrantees set forth in these terms and conditions, and to abide by and comply with these terms and conditions. In any case you affirm that you are over the age of 16 or have parental or guardian consent as the Abacussi.com website is not intended for children under 16 years of age. If you are 16 years of age and do have not have parental or guardian consent then please do not use the Abacussi.com website.
(d) Your use of Abacussi services does not violate any applicable law or regulation.
Your profile may be deleted and your membership terminated without warning if we believe you are under 16 years of age and have not been given permission by your parent or guardian.

Warrantee Disclaimer

You agree that your use of the Abacussi.com website shall be at your sole risk. To the fullest extent permitted by law, Abacussi.com, its officers, directors, employees, and agents disclaim all warrantees, express or implied, in connection with the website and your use thereof. Abacussi.com makes no warrantees or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any

(1) Errors, mistakes, or inaccuracies of content
(2) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website
(3) Any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
(4) Any interruption or cessation of transmission to or from our website
(5) Any bugs, viruses, Trojan horses or the like, which may be transmitted to or through our website by any third party and/or
(6) 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, e-mailed, transmitted, or otherwise made available via the Abacussi.com website.

Indemnity

You agree to defend, indemnify and hold harmless Abacussi.com officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited lawyers fees) arising from: (1) your use of and access to the Abacussi.com website (2) your violation of any term of these terms and conditions (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that one of your member submissions cause damage to a third party. This defence and indemnification obligation will survive these terms and conditions and your use of the Abacussion.com website.

Disclaimer

While Abacussi.com endeavours to ensure that the information on this website is correct, Abacussi.com does not warrant the accuracy of the completeness of the material on this website. Abacussi.com may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date and Abacussi.com makes no commitment to update such material. You acknowledge and agree that any material obtained through the use of or is in any way facilitated by the use of the website is at your own risk and you alone shall be responsible for any loss or damage whatsoever that you may suffer from such material. Abacussi.com makes no warrantee and/or representation that your access to the website will be uninterrupted, timely, secure or error free.

Links to and from other websites

Links to third party websites on this website including (without limitation) those relating to third party software are provided solely for your convenience. If you use these links you leave this website. Abacussi.com has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Abacussi.com therefore does not endorse or make any representations about them or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

Dealings with Third Parties

You acknowledge and agree that Abacussi.com is not in any way responsible for any products and/or services you use and/or purchase from any providers of such products and/or services found on or through the website.

Accordingly, any dealings between you and such providers of products and/or services are between you and that provider and do not in any way involve Abacussi.com and/or any party related to or associated with it. Abacussi.com is not therefore responsible for and, for the maximum extent permitted by law, hereby excludes any and all liability relating to or arising from any loss and/or damage that you may suffer as a result of any such dealings.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE