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Welcome to the Vibary Network. The following Terms of Usage ("ToU") govern the use of the Vibary Network and all of its Vibary affiliates ("Vibary"). The Vibary is provided to you by Viba Fima, inc, and/or its subsidiaries ("Viba Fima"). For Public (anonymous) use:
For Personal Membership use:
For Community Membership use:
You can use the Vibary without registering and identifying yourself. By choosing to use the Vibary in this manner, you agree to accept the ToU for public use. Viba Fima reserves the right to supplement the generic ToU with additional terms pertaining to specific content or feature, ("Additional Terms"). Additional Terms may be placed within the Vibary to be viewed in connection with the specific content or feature and shall be identified as such. The Vibary contains contents posted directly by third parties. Third parties include Vibary Community members, external content providers and commercial entities. Any of these directly posted contents are the responsibility of the person posting the contents. Viba Fima has no responsibility for such content and is merely providing access to such content as a service to you. BY THEIR VERY NATURE, DIRECTLY POSTED CONTENTS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, CONTENTS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING THESE CONTENTS. The Vibary contains links to other web sites. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You acknowledge and agree that Viba Fima is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Vibary web sites does not imply that Viba Fima endorses the linked site. You can link to the Vibary pages so long as the link does not portray Viba Fima, the Vibary, their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Viba Fima logo or other proprietary graphic or trademark as part of the link without express written permission. Viba Fima gathers anonymous, non-identifiable information about your usage of the Vibary. This information will be aggregated with usage information by other Vibary users to help Viba Fima maintain and improve the Vibary, and to let Viba Fima provide statistical reports for advertisers and other third parties. Please refer to the Vibary Privacy Policy for details. All content developed by Viba Fima or its content suppliers included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Viba Fima or its content suppliers and protected by United States and international copyright laws. Click here for trademarks belonging to Viba Fima. Viba Fima's trademarks and trade dress may not be used in connection with any product or usage that is not Viba Fima's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Viba Fima. All other trademarks not owned by Viba Fima that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Viba Fima. Viba Fima does not grant you the right to download (other than page viewing and caching) this site, or modify it, or any portion of it, except with the express consent of Viba Fima. Your right to use the Vibary does not include any resale of this site or its contents; the collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited without the express written consent of Viba Fima. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Viba Fima without express written consent. You may not use any meta tags or any other "hidden text" utilizing Viba Fima's name or trademarks without the express written consent of Viba Fima. You agree that you will indemnify Viba Fima for all claims resulting from your prohibited use of the Vibary. Viba Fima is not a party to any commerce transactions that may go on between you and any merchant or service provider represented on the Vibary. You may enter into transactions for services or merchandise through the Vibary from other persons not affiliated with Viba Fima (third party businesses and consumers). All matters concerning the merchandise and services involved with these transactions, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between the parties involved in the transaction, of which Viba Fima is not a part. Viba Fima makes no warranties or representations whatsoever with regard to any goods or services provided by the VIP member as the seller. You will not consider Viba Fima nor will Viba Fima be construed as a party to such transactions, regardless of whether or not Viba Fima receives some form of revenue or other remuneration in connection with the transaction, or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. YOU EXPRESSLY AGREE THAT USE OF THE VIBARY IS AT YOUR SOLE RISK. THE VIBARY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIBA FIMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO WARRANTY IS BEING MADE THAT THE OPERATION OF THE VIBARY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES VIBA FIMA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIBARY. VIBA FIMA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE VIBARY. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE VIBARY IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT VIBA FIMA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE VIBARY. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT THE CONTENT PROVIDERS FOR THE VIBARY, ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL USAGES OR ADVICE. VIBA FIMA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE NEED. VIBA FIMA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF ANY SUCH INFORMATION. VIBA FIMA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE VIBARY. YOUR PARTICIPATION IN THE VIBARY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE VIBARY, VIBA FIMA'S EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. VIBA FIMA MAKES NO WARRANTY REGARDING ANY GOODS OR USAGES PURCHASED OR OBTAINED THROUGH THE VIBARY OR ANY TRANSACTIONS ENTERED INTO THROUGH THE VIBARY. NO WARRANTIES OR REPRESENTATIONS OF ANY KIND ARE MADE AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF CLASSIFIED AND PERSONAL ADVERTISEMENTS. Viba Fima specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a personal or classified advertisement on the Vibary, you are promising that the content of your advertisement is true and that you will indemnify Viba Fima against any claims which may arise from your advertisement. By responding to a classified or personal advertisement on the Vibary, you waive any claims against Viba Fima for damages arising from such advertisement or your reliance upon statements in such advertisement. VIBA FIMA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM:
PRIOR NOTICE TO VIBA FIMA OF THE POSSIBILITY OF SUCH DAMAGES DOES NOT SERVE TO INVALIDATE THIS LIABILITY LIMITATION NOR DOES IT INCREASE VIBA FIMA'S LIABILITY EXPOSURE. You agree to indemnify and hold each of Viba Fima, their parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Vibary, the violation of the terms of theToU by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. These ToU shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions. By agreeing to membership within the Vibary, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located within 50 miles of Buffalo Grove, Illinois. Viba Fima reserves the right to modify these ToU from time to time in its sole discretion as it deems necessary. Each time you use the Vibary, you will be deemed to have accepted any such modifications or changes. Viba Fima may modify or discontinue the Vibary and related web sites with or without notice to you and without liability to you or any third party. ACCEPTANCE OF PERSONAL MEMBERSHIP USE Submitting your username and password subsequent to your membership registration, is indication of your agreement to be bound by the terms of this ToU, including later modifications to the ToU as they occur from time to time. Personal membership allows you to save listings such as coupons or jobs into your personal portfolios maintained online by the Vibary. It does not allow you publish on the Vibary for others to see. For this, you need the Community Membership. PRIVACY FOR PERSONAL MEMBERSHIP Registering for Vibary membership requires you to provide the following private information: (1) your email address. You will also be asked to select a username and password that will be associated with your membership. For information on how we treat the privacy of your information, please read our Privacy Policy. RESPONSIBILITY FOR USERNAME and PASSWORD You agree that you will not use inappropriate name (s) of any kind when requesting your Vibary membership. As a Vibary member, you are responsible for maintaining the confidentiality of your password. If you use a shared computer to sign in to the Vibary, you must use the log-off facility in order to prevent unauthorized access to your membership by others that use the same computer. You agree to accept responsibility for all activities that occur under your membership and will immediately notify the Vibary of any unauthorized use of your membership. Viba Fima does not encourage, solicit, nor extend Vibary membership to persons under the age of 13 years. A Vibary member must submit an email address, which can be viewed as PRIVATE information. The collection of such private information may be prohibited under federal or state laws without the explicit consent of a parent or guardian. Acquiring such consent is beyond the capability of the Vibary Network. YOUR RIGHT TO TERMINATE MEMBERSHIP You have the right to terminate your Vibary membership at any time. Please read Membership Cancellation. OUR REMEDIES FOR YOUR BREACH OF TERMS In the event that Viba Fima determines, at its sole discretion, that you have provided Viba Fima with false or misleading information, breached any portion of the ToU, or have otherwise demonstrated conduct inappropriate for the members of the Vibary, Viba Fima reserves the right to (i) warn you via e-mail, postal mail or fax. that you have violated these Terms of Usage; (ii) delete all content provided by you to the Vibary; (iii) discontinue your membership within the Vibary and any other Viba Fima supported community; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Viba Fima deems to be appropriate. ACCEPTANCE OF COMMUNITY MEMBERSHIP USE As a Community membership, you can publish on the Vibary for others to see. (On the other hand, the Personal membership only allows you to "publish" saved contents into your Vibary portfolios for you to see only.) Publication includes such acts as contributing to the discussion forums, creating classified ads, writing reviews, among other similar activities. You agree that you are responsible for the content of your publications, and the consequences of any such publications. The Vibary only acts as a conduit for your publications and does not review them beforehand. You further agree not to use the Vibary to publish any material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, knowingly inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Viba Fima reserves the right (but not the obligation) to delete any such material from the Vibary but does not regularly review posted content. You agree that you will not impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Viba Fima, you also may not use false e-mail addresses, or otherwise mislead as to the origin of messages or other content. You agree that you will not use the Vibary subscriber base for distributing chain letters, spreading viruses, junk mailings, 'spamming' attacks, mass solicitations (commercial or non-commercial) or unauthorized bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. Use by you for these unauthorized communication purposes is prohibited and shall be deemed a violation of these Terms of Usage. You agree that you will not post or use the Vibary to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. Viba Fima will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Usage. RIGHT TO PUBLISH THIRD-PARTY CONTENTS You acknowledge that (i) some content is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) you may not publish to the Vibary, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. You have the burden of determining that any information, software, images or any other content transferred to the Vibary is not protected by Rights. You represent and warrant that you either own or otherwise control all of the Rights to the content that you publish; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you will indemnify Viba Fima or its affiliates for all claims resulting from Rights to content you supply. AUTOMATIC LICENSES GRANTED TO VIBA FIMA Unless we indicate otherwise, posting or submission of material by you grants Viba Fima and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right (including moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Vibary retains any and all Rights that may exist in such content. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY FORUMS, MESSAGE BOARDS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE VIBARY, YOU HEREBY EXPRESSLY PERMIT VIBA FIMA TO REVEAL YOUR USERNAME AS THE CONTRIBUTOR OF SUCH CONTENT OR ENTRANT TO THE CONTEST IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT OR CONTEST. SEE THE VIBARY PRIVACY POLICY FOR FURTHER DISCUSSION.
termsofusage-1.1-2002.08.07
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