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Step 1 - A2B User Agreement
Please read the A2B Terms and Conditions of Service below, and then click on "Accept" in order to acknowledge your agreement and understanding of them. If you do not accept these terms, please click on "Decline".
Terms and Conditions of Service
1. ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE
A2B provides a service to you ("Service" or "A2B Service"), the
user ("User" or "A2B User"), subject to the following Terms and
Conditions of Service. A2B reserves the right to update these Terms and
Conditions of Service at any time without prior notice to you, an A2B
user. You can view the most current Terms and Conditions of Service via
the A2B website at http://www.a2b.cc.
2. SERVICE DESCRIPTION
A2B provides its users with a range of web services, including, but not
limited to, its location-based web services (the "Service" or "A2B
Service"). These services deliver personalised, location-orientated
content to the you, the user. You understand that the Service may
include advertising content and that advertising content is necessary in
for A2B to be able to provide the Service. You also comprehend that the
Service may include certain Internet-based communications from A2B, such
as update announcements, service announcements, administrative
communications and newsletters, and that these communications are part
of the Service A2B provides, and therefore it is not possible to choose
not to receive them. However, A2B does undertake to limit these
communications, unless of a critical nature, to a maximum of one per
two-week period, and aims to deliver these on a less frequent basis than
every four weeks.
Unless stated otherwise, any new services
which A2B implements, and your use of these services, shall implicitly
be subject to these Terms and Conditions of Service.
A2B 's Service is provided as used and A2B
assumes no legal or other responsibility for failure to store
user-specific or service-specific information, communications or other
settings, or for deletion or misdelivery of the Service.
As the user, you are responsible for access
to the Service, which may involve third-party charges. A2B assumes no
responsibility for administration or payment of those charges, nor for
any failure to provide sufficient quality of access to enable use of the
Service, nor for any equipment required in order to be able to access
the Service.
3. YOUR OBLIGATIONS IN REGISTERING AS AN A2B
USER AND IN USING THE A2B SERVICE
In using the Service as a user of A2B, you agree to: (a) provide
truthful, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Information") and (b) maintain and update the Registration
Information to keep it truthful, accurate, current and complete. If A2B
has reasonable grounds to suspect that you have provided untruthful,
inaccurate, incomplete or out of date Registration Information, A2B
reserves the right to suspend or terminate your account and refuse to
allow current or future use of any part of the Service.
Parents of minors under 14 years of age who
wish to allow their children to use the A2B Service must supervise their
children at all times when registering for or using the service, and A2B
accepts no responsibility for effects of use of the A2B Service by
minors under the age of 14, or those aged 14 or over. It is the parent's
or guardian's responsibility to ensure that the Services or any content
linked to through the A2B Service are suitable for your child or
children.
4. A2B PRIVACY POLICY
In registering with A2B, your registration data and certain other
information about you are subject to the A2B Privacy Policy. For more
information, see our full privacy policy at
http://www.a2b.cc/help-privacy.a2b .
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Upon completion of registration for an A2B user account, your choice of
A2B username and password will be accepted, and you will be deemed to
have received an A2B account, username and password. As an A2B user, you
are solely responsible for maintaining the confidentiality of your A2B
password and account, and are fully and solely responsible for
activities occurring under that account. You agree to immediately notify
A2B of any use of your password or account, or of any other breach of
security, beyond use which you have explicity permitted. You also agree
to logout fully at the end of each session's use of the A2B Service for
your username. A2B will not be held liable for any loss or damage
arising from your failure to comply with these requirements.
6. MEMBER CONDUCT
You understand that all digital or other materials, such as graphics,
video, text-based communications or messages, music, software, data,
computer programs, photographs or other information and materials,
collectively known as "Content", are the sole responsibility of the
person or organisation from which this Content originated. You, as an
A2B user, are solely responsible for all content or links to content
which you transmit to the A2B Service, or make available in any way to
the Service and its users. You accept that, by using the Service, you
may be exposed to content that is offensive, or otherwise indecent or
objectionable. A2B will in no circumstances be liable for any Content
made available or transmitted in any way via the Service.
As an A2B user,
you agree not to use A2B to:
| a. |
transmit or otherwise make available
in any other manner any Content that is unlawful, illegal, harmful,
threatening, harassing, vulgar, obscene, abusive, defamatory, libelous,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable; |
| b. |
harm minors, other individuals or
animals in any way; |
| c. |
impersonate any person or entity,
including, but not limited to, an official representative of A2B, such
as forum moderator or leader, or other individual genuinely and honestly
involved in work for or on behalf of A2B, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| d. |
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Service; |
| e. |
transmit or otherwise make available
in any other manner through the Service any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary or
legal rights ("Rights") of any party; |
| f. |
transmit or otherwise make available
in any other manner through the Service any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation; |
| g. |
transmit or otherwise make available
in any other manner through the Service any material that contains
software viruses or any other so-called "malicious" computer code,
files or programs designed to interrupt, destroy, reduce or limit the
functionality of any computer software or hardware or telecommunications
equipment in any country; |
h
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act in any manner that detriments in
any way other users' ability to engage in use of the Service; |
| i. |
interfere with, attempt to interfere
with, disrupt, or attempt to disrupt the Service or servers, networks or
other electronic devices connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks or
electronic devices connected to the Service; |
| j. |
transgress, violate or break, either
intentionally or unintentionally, any local, regional, national or
international law or regulation applicable to you as the A2B User. |
k.
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transmit
or otherwise make available in any other manner any Content that you do
not have a right to make available under any law or under contractual
or fiduciary relationships. |
| l. |
behave in a harrassing or undesirable
manner to any other person or entity.
|
| m. |
collect or store personal or
location-specific data about other users. |
You acknowledge that A2B does not pre-screen
content, but that A2B and its associates shall have the right (but not
the obligation) to move, remove or reject, without notice to you or any
other user, any content that is available via the Service. A2B will
pursue a policy of removing any content, of which it becomes aware,
which it believes to violate the Terms and Conditions of the Service.
In using the A2B Service, you agree that
you, as the A2B user, are responsible for evaluating the use of any
content drawn to your attention through the A2B service, and any
reliance upon the completeness or accuracy of this content is
understood to be carried out at the user's own risk and liability.
You agree that A2B may be obliged to save,
preserve or disclose any content if this is deemed to be necessary to
comply with a legal process, enforce the Terms and Conditions of
Service, react to notification that any content violates the rights of
any third-party individual, entity or organisation or to protect the
legal rights, property, personal safety and service of A2B, its users
and the general public.
You agree and fully comprehend that
transmission and processing of the A2B service may involve transmission
of content information and other data over diverse networks in an
extensive geographical range, and that A2B will not be held responsible
for any lack of performance or service encountered in the passage of
content information and other data across those networks.
7. INTERNATIONAL USE OF THE A2B SERVICE
As an A2B user you understand and agree that the A2B service and the
data and content information of which it is comprised can be and is
delivered over and through a wide range of geographical locations, and
that the specifics of these geographical locations are beyond the
control and influence of A2B. You agree to act in accordance with
local, regional, national and international laws regarding the
transmission of data, content or personal information to, from or
across both the country in which you, as the A2B user, reside, and to,
from or across other countries which your data, content or personal
information may traverse.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION IN THE A2B SERVICE
A2B does not claim ownership of content you submit or make available
for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of
the Service, you grant A2B the following world-wide, royalty free and
non-exclusive license(s), as applicable:
- With respect to content of any kind you
submit or make available for inclusion on publicly accessible areas of
the A2B Service, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such content on the A2B
Service solely for the purpose for which such content was submitted or
made available, and as part of the A2B service or in clear and distinct
connection with the A2B service. This license exists for as long as you
elect to continue to include such Content on the Service and will
terminate at the time you remove or A2B removes such Content from the
Service.
9. INDEMNITY
You agree to indemnify and hold A2B, and its subsidiaries, affiliates,
employees, owners, directors, partner companies or other partners,
harmless from any claim or demand, including reasonable legal fees,
made by any third party due to or arising out of content you transmit
or otherwise make available in any other manner through the A2B
Service, your use of the A2B Service, your connection to the Service,
your violation of the Terms and Conditions of Service, or your
violation of any rights of another individual, organisation or entity.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of, use of, or access to the
A2B Service or any other associated service.
11. GENERAL PRINCIPLES AND PRACTICES
REGARDING USE OF THE A2B SERVICE
You acknowledge that A2B may establish general practices and limits
concerning use of the Service, including, but not limited to, the
maximum number of times you may access the Service in a given period
of time and the maximum number of links you may add within a certain
period of time or certain geographical radius. You agree that you will
not make attempt to make use the A2B Service in any other way than that
originally intended and indicated by A2B as part of the A2B Service.
You agree that A2B has no responsibility or liability for the deletion
or failure to store any locational information or other data or content
maintained or transmitted via the A2B Service. You acknowledge that
A2B reserves the right to disconnect accounts that are inactive for an
extended period of time. You further acknowledge that A2B reserves the
right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
12. MODIFICATIONS TO THE A2B SERVICE
A2B reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that A2B shall not be
liable to you or to any third party for any modification, suspension
or discontinuation of the Service.
13. TERMINATION OR REMOVAL OF ACCESS TO THE
A2B SERVICE
You agree that A2B may, under certain circumstances and without
prior notice, immediately remove your A2B account and access to the
A2B Service, at the sole discretion of A2B. Account removal includes
removal of all access to the A2B Service and associated services,
deletion of your password, and removal of any user-specific information
associated with your A2B account. Causes for account closure or
termination may include, but not be limited to breaches or violations
of the Terms and Conditions of Service, requests by recognised local,
national or international law-enforcement organisations, requests by
you as a user wishing to terminate your account, extended periods of
disuse of your account, and discontinuation or material changes to the
A2B service. You recognise that A2B shall not be liable to you or any
third party for removal or termination of your account or access to the
A2B Service.
14. DEALINGS WITH THIRD PARTIES ADVERTISING
VIA THE A2B SERVICE
You acknowledge and agree that any dealings, of a business nature or
otherwise, between you and any third party advertising via the A2B
Service, are solely between you, the A2B user, and the third party
advertising via the A2B Service. A2B shall not be held responsible for
any loss or damage incurred as a result of any such dealings with third
parties advertising via the A2B service.
15. LINKS TO THIRD PARY INTERNET CONTENT
The A2B Service may provide, either directly or via other parties,
links to other Internet-based content sources and resources, such as
websites and ftp sites. You acknowledge and agree that A2B has no
control over the content of these third-party resources and sites, and
can therefore not be held responsible for the availability of such
resources and sites, nor can be held liable or responsible for any
content, advertising or other material available via such resources and
sites. Furthermore, A2B shall not be held liable for any loss or damage
incurred as a result of the user's dealings, of a business nature or
otherwise, with such third party sites and resources.
16. PROPRIETARY RIGHTS OF A2B
You, as the A2B User, agree and acknowledge that the A2B Service and
any necessary software, such as, but not limited to, the "GPSCookie"
suite of software, used in connection with the A2B Service, contain
confidential and A2B-proprietary information protected by relevant
intellectual property and other laws, such as patents and copyrights.
Furthermore, you acknowledge and agree that content delivered to you
via the A2B Service, originating from advertisers or other partners of
A2B, is or may be protected by national and international proprietary
rights and laws, and you therefore agree not to modify, rent, lend,
sell, resell, create or distribute in any way works or products based
on the A2B Service or Software, in whole or in any part thereof.
A2B grants you, the A2B User, a single,
personal, non-transferable and non-exclusive right and licence to use
the code of its associated Software on a single computer or, where
applicable and explicity specified by A2B, multiple computers, provided
you agree not to, and not to attempt to, copy, modify, reverse
engineer, disassemble, reassemble or otherwise attempt to use any
source code in any way not explicity permitted by A2B. You also agree
not to, and not to attempt to, modify the software in any other manner
not explicity permitted by A2B. You agree not to attempt to access the
A2B Service through any other means that through the interface provided
specifically for that purpose by A2B and the A2B service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. A2B EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
A2B MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 ANY
SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM A2B OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND
CONDITIONS OF SERVICE. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT A2B
SHALL NOT BE LIABLE 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 A2B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS, REGIONS OR NATIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY
NOT APPLY TO YOU.
21. NOTICES TO THE A2B USER
Notices to you may be made to you either by
email or other forms of Internet-based electronic communication. The
A2B Service may also provide notices of changes to the Terms and
Conditions of Service or other matters by displaying notices or links
to notices to you generally on the A2B Service.
22. TRADEMARK INFORMATION
A2B, the A2B logo and other A2B logos and
product and service names are trademarks of Location, Location, Location BV. Without
A2B's prior permission, you agree not to display or use in any manner
any proprietary trademarks or other intellectual property of Location, Location, Location BV.
23. COPYRIGHTS
A2B respects the intellectual property of
others, and hopes that our valued A2B users will do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide A2B with the following information:
- an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright or
other intellectual property interest;
- a description of the copyrighted work or
other intellectual property that you claim has been infringed;
- a description of where the material that
you claim is infringing is located on the site;
- your address, telephone number, and email
address;
- a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
- a statement by you, made under penalty of
perjury or applicable legal offence, that the above information in your
Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf.
A2B can be reached on copyright matters through general@a2b.cc :
24. GENERAL INFORMATION
The Terms and Conditions of Service are the
sole consituent parts of the agreement between you, the A2B user, and
A2B, and govern and influence your use of the A2B service, superceding
any prior agreements between you and A2B. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The Terms and
Conditions of Service, your relationship with A2B, and A2B's
relationship with you are governed in accordance with the laws of The
Netherlands and the European Union. You and A2B agree to submit to the
singular and exclusive jurisdiction of the courts of The Netherlands.
The failure or apparent lack of willingness of A2B to exercise or
enforce any part of the Terms and Conditions of Service shall not
constitute a waiver of the rights and provisions detailed in the A2B
Terms and Conditions. If any constituent part or parts of the Terms and
Conditions of Service is or are found to be invalid within the
jurisdiction of the legal system of The Netherlands, both the A2B User
and A2B agree that the legal system of The Netherlands shall attempt to
give full effect to the intentions of both parties as reflected in the
provision and in the Terms and Conditions of Service, and the other
provisions of the Terms and Conditions of Service shall remain in full
effect. You agree that, regardless of any statute, provision,
regulation or law to the contrary, any claim or action arising out of
or related to the use of the A2B Service must be presented and
notarised within one (1) year after the claim or cause of action arose,
or be forever barred.
The paragraph and section titles in the
Terms and Conditions of Service are for clear indication only and have
no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
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