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5abi.com

5abi.com
Terms and Conditions

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Acceptable Use Policy

By accessing this website you are agreeing to the terms and conditions that appear below.

  • By accessing this website you confirm that you abide by any and all of the following terms and conditions governing the use of this Website. No charge is made by 5abi.com for your use of this Website.
  • You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.
  • All material on the Website and any material sent to you by e-mail or any other form ("the content") belongs to us or our licensors. You may retrieve and display content from the Website on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal, non-commercial use. We own the copyright and all other intellectual property rights associated with the content.
  • You agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal non-commercial use.
  • This site and the information, names, images, pictures, logos and icons regarding or relating to the 5abi.com, its products and services (or to third party products and services), is provided "as is" and on an "is available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. In no event will 5abi.com be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site. 5abi.com does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. The names, images and logos identifying 5abi.com or third parties and their products and services are proprietary marks of 5abi.com and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of 5abi.com or any other third party

.You agree not to:

  • Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications;
  • Modify, access or make available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
  • Make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (eg names/addresses) without their prior consent;
  • Damage, interfere with or disrupt access to the Website or do anything which may interrupt or impair their functionality;
  • Save as authorised in these terms, make any commercial or business use of the Website or resell or commercially benefit from any part or aspect of the Website;
  • Publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
  • Threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
  • Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software;
  • Falsify the true ownership of software or other material or information contained in files made available via the Website;
  • Obtain or attempt to obtain unauthorised access, through whatever means, to the Website, other services or computer systems or areas of our or any of our partners' networks which are identified as restricted;
  • We retain the absolute right to prevent you accessing the Website, without prejudice to any of our accrued rights, where we in our sole discretion consider that you are contravening our Acceptable Use Policy or any other aspect of these terms.

Email Policy

We will not respond unless required to do so by law to any electronic mail ("e-mail") which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.

Unless you indicate to the contrary all e-mails received will be taken to be submitted, where appropriate, for publication, free of charge. If we decide to publish an e-mail from you on the Website we will incur no liability to you by doing so, unless you clearly state that the material contained in your e-mail has been submitted for the purposes of negotiating a fee for the publication of that material. In that event you must include your name, address and, if applicable, a contact telephone number, in your e-mail.

Where you are invited to submit any contribution to this site (including without limitation any text, graphics, video or audio) you are required by such submission to grant 5abi.com a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in the 5abi.com Privacy Policy. If you do not wish to grant such rights to 5abi.com, it is suggested that you do not submit your contribution to this site. By submitting your contribution to this site, you also:

  • Warrant that such contribution is your own original work and that you have the right to make it available to 5abi.com for all the purposes specified above;
  • Indemnify 5abi.com against all legal fees, damages and other expenses that may be incurred by 5abi.com as a result of your breach of the above warranty; and
  • Agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the 5abi.com site and the other purposes specified above.

If there is any conflict between these Terms and Conditions and/or specific terms appearing elsewhere on this site relating to specific material then the latter shall prevail.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales.

If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.

We will not disclose any personal information under any circumstances of any of 5abi.com staff.

Registration

Where the Website requires that you register in order to use it, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.

Registration is for a single user only. On registration, you should choose a user name and password. We do not allow any of the following:

  • any other person sharing your user name and password;
  • access through a single user name and password being made available to multiple users on a network.

When you register to use the Website, you will be obliged to click on an icon indicating that you have read, understood and accepted these terms and conditions. You will not be allowed to register unless you indicate your acceptance of these terms and any other terms and conditions that may apply.

Liabilities

You agree that we have no control over third party content and information which can be accessed using the Website and that we do not examine or edit the use to which you or others put the Website or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. You agree that except for death or personal injury arising through our negligence, we shall not be liable whatsoever for any loss or damage arising from use of the Website. You furthermore agree to indemnify us in the manner set out below in these terms in relation to your use in any way of the Website.

We reserve the right to remove any information/material we deem to be in breach of any of these terms without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.

We take all such steps as are reasonably necessary to provide a fast and reliable service, but exclude to the fullest extent permitted by law any liability for the security of the services on the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems.

Save unless otherwise stated, we make no warranty whatsoever as to any goods or services purchased or obtained or offered to you through use of the Website, whether accessed directly or otherwise.

We provide the Website on an "as is" basis and make no representations or warranties of any kind as to the Website or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the Website. Any liability, however it occurs, for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

Indemnity

You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or a breach of the Acceptable Use Policy and/or any of these terms.

Software and Security

We are not responsible for any technical or other issues that may arise if you download software from external third party website (eg Acrobat Reader) or upgrade your browser software to enhance your usage of the Website.

Changes to these Terms and Conditions

We reserve the right to make changes to any part of the Website. Due to our policy of updating and improving the Website, it may therefore be necessary to change these terms.
In the event that we change the terms, we will notify you by providing a clear link within the relevant Website to the detailed changes. If you use the Website after we have published or notified you of the changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Website.

Advertising and Sponsorship

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material. Please refer to our privacy policy for the use of cookies in relation to targeting potential advertisers. We reserve the right to omit an advertisement.

Competitions and Prize Draws

We may from time to time run competitions, free prize draws and/or other promotions on the Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

Termination

We may terminate the provision of the Website or restrict your access to them without any prior notice to you where (by way of example and without limitation): (1) there is a regulatory or statutory change limiting our ability to provide the Website; (2) any event beyond our reasonable control prevents us from continuing to provide the Website (for example, without limitation, technical difficulties, capacity problems and communications failures); or (3) we consider in our sole discretion that you are abusing the services provided by the Website or are otherwise acting in breach of these terms.

As this is a shared service with other users, you agree that if the demand for the services provided by the Website is in excess of our ability to meet the capacity, we may either share the capacity among all users or we may give you notice by e-mail that the provision of the Website will terminate. Any such termination will not affect your accrued liabilities incurred prior to any such termination.

Additional Services

From time to time we may provide games or other content for your downloading. However, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same. However, we will use our best endeavours to notify you of the size/amount of the file/data and the likely download time for your information.

E-commerce

Your dealings with any third parties, in particular advertisers and/or merchants, through the services provided by the Website and any terms, conditions, warranties or representations with such third parties are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in these terms in relation to such dealings.

Choice of law and Jurisdiction

These terms shall be governed by and interpreted in accordance with English law and you irrevocably agree that the courts of England and Wales shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms.

For our exclusive benefit, we shall retain the right to bring proceedings as to the substance of the matter in the courts of your country of residence or, where these terms are entered into in the course of your trade or profession, the country of your principal place of business.

General

You may not assign, sub-license or otherwise transfer any of your rights under these terms. If any part of these terms and conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these terms, this will not be taken to mean that they have been waived.

Contact

If you have any queries concerning any part of these terms and the privacy and e-mail policies contained in them, please contact us at info@5abi.com.

Data Protection

5abi.com will only use any personal data collected during your use of this website in accordance with current UK data protection legislation. Please look at our Privacy Policy to find out what we propose to do with your data and your options.

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