Terms of Service
Welcome to Avalba.com. Avalba ("Avalba") provides its services to you, through the Site, including its search engine services to enable you to search message boards, websites, blogs, and other social media (collectively, "Boards"). The Avalba.com website (the "Site") is owned and operated by Avalba.com.
Avalba reserves the right to change or discontinue the Site with or without notice, including without limitation, removing features or functionality. Avalba reserves the right to charge fees for use of the Site in the future.
3. CONTACT INFORMATION.
Please address technical questions or comments about the Site to firstname.lastname@example.org
5. COPYRIGHT COMPLAINTS.
Avalba respects the intellectual property of others, and expects its users to do the same. If you believe, in good faith, that any materials on the Site infringe upon your copyrights, please send the following information to Avalba's Copyright Agent by email: Copyright Agent, Avalba.com Email: email@example.com
Identify the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow Avalba to locate the material, and explain why you think an infringement has taken place. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site is allowed;
Identify the allegedly infringing work and include information reasonably sufficient to allow us to locate the material -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your full legal name, mailing address, telephone number, and e-mail 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, that the information in your notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
6. COPYRIGHTS, TRADEMARKS, AND PERMISSIONS.
Avalba authorizes you to view and use the Site solely for your personal informational and noncommercial use, and downloading is limited to one electronic or hard copy of limited portions. If you download or print any pages or Content, you must (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You will not frame or use framing techniques to enclose any portion of this Site or the Content without the express prior written consent of Avalba. You will not use meta tags or any other hidden text using the Avalba name or trademarks and service marks without the express prior written consent of Avalba.
No commercial use of the information on or under the Site is licensed or permitted. The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on the Site is expressly prohibited where such systems are employed in connection with commercial objectives (other than indexing for search engines), or in a fashion that directly or indirectly violates any privacy interests.
The word "Avalba," the and Avalba logos, and the products and services described in the Site are either trademarks, trade names, or service marks of Avalba and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Avalba or their respective owners, and then with the proper acknowledgments. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of Avalba, and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of Avalba.
You will not reverse engineer or attempt to derive the source code of the Site. You will not send automated queries to the Site without the prior written approval of us, or attempt to understand how the Site ranks results. You will not use the Site to sell a product or service or to advertise or direct activity to other websites. You will not decompile, reverse engineer or otherwise manipulate or work with the software or software architecture of the Site. You will not use any robot or any other automatic device and you will not use any manual process to monitor or to copy any information in the Site for any unauthorized purpose. You will not use any automatic device, software, or other routine to interfere with or attempt to interfere with the functioning of the Site. You will not interfere with the operation of the Site or any other party's use of the Site.
You will not use any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Avalba reserves the right to bar any such activity.
You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Avalba server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You will not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You will not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of Avalba, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Avalba's systems or networks, or any systems or networks connected to the Site or to Avalba. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Avalba on or through the Site or any service offered on or through the Site. You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
The Site is not intended for or directed at children under the age of 13, and you will not register with the Site if you are under the age of 13.
8. YOUR CONTENT.
To use the Site, you will need to submit search terms. Avalba will collect and use the search terms to provide the search services requested by you and you give us permission to do so.
9. SEARCH RESULTS; THIRD PARTY CONTENT.
You acknowledge that by using the Site, you will be presented with search results that direct you to third party content. Some, if not all, of the content and information you may access through the Site's search results is owned and controlled by third parties. You may find some third party content to be offensive, indecent, or otherwise objectionable. Information and other content obtained by using the Site and any third party Boards or websites displayed as search results or linked to by the Site are developed, owned, and maintained by third parties. Information in the Site has been indexed and compiled through an automated process with no advance review by Avalba. As a result, Avalba does not endorse or control and has no responsibility or liability for any of the Boards, information, or links made available by the Site.
Except as otherwise provided in a separate written agreement between you and Avalba, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or electronic submissions to Avalba, or postings at the Site, are nonconfidential and shall become the sole and exclusive property of Avalba to the fullest extent permitted by applicable law. Avalba shall own all exclusive rights and shall be entitled to the unrestricted use of these materials for any and all purposes, commercial or otherwise, without acknowledgment or additional compensation to you. In the event applicable law operates to prevent Avalba from becoming the sole owner of any such property, then this provision shall be effective as granting to Avalba (with rights of assignment) a perpetual, worldwide, paid-in-full, nonexclusive right (including any and all moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.
11. FORUMS, INTERACTIVE AREAS, POSTINGS, AND FEEDBACK.
The Site may include discussion forums or other interactive areas. You hereby agree to not upload, distribute, or otherwise publish through the Site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for your personal and noncommercial purposes. On the Site you cannot, without the express written approval of Avalba, distribute or publish promotions, advertising or solicitations for funds, goods, or services. You shall remain solely liable for the content of any messages or other information posted by you on the Site, and Avalba takes no responsibility and assumes no liability for the content of posted or uploaded material. Avalba reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive, or otherwise inappropriate. You are solely responsible for all posts to any discussion forums or other interactive areas made with your account information.
You agree to comply with all additional rules, procedures and policies posted by Avalba for any forums or other interactive areas. Such additional rules, procedures or policies will be posted in the applicable forum or other interactive area.
The Site search results will include links to Boards and other websites. There may also be links in third party advertisements served on the Site. You acknowledge that these links are provided solely as a convenience to you and not as an endorsement by Avalba or by any of its third-party providers regarding the contents of those Boards and other websites. Avalba and its third-party providers are not responsible for will not have any liability with respect to the information or content contained in on or in any Boards and other websites that you may access as a result of such links including any objectionable or offensive content. Avalba reserves the right, but does not have any obligation, to remove any offensive or objectionable content. Avalba may establish links to websites that are operated by third parties. Avalba has no control over such websites and makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Site, or websites linking to the Site. Visitors to such third party websites should refer to such websites' respective privacy policies, terms and conditions and practices. Any mention on the Site of products or services provided by third parties is for informational purposes only and does not constitute and endorsement or recommendation by Avalba.
YOU USE THE SITE AT YOUR OWN RISK. AVALBA DOES NOT REVIEW OR EDIT SEARCH RESULTS, RELATED CONTENT, OR THIRD PARTY ADVERTISEMENTS. AVALBA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITH NO WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AVALBA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. AVALBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVALBA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY AVALBA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AVALBA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT YOUR USE OF OR RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
The above disclaimer applies to any damages, liability or injuries caused by an failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Avalba reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
15. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT AVALBA WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY INDIRECT DAMAGES, OR FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST TIME), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY ACCESS TO THE SITE OR ANY VIEWING OR USE OF ANY INFORMATION ON OR THROUGH THE SITE OR ANY CONTRACTUAL OR OTHER DEALINGS OR RELATIONSHIPS YOU MAY HAVE WITH THIRD PARTIES BASED UPON ANY INFORMATION INCLUDED IN OR THROUGH THE SITE. IN NO EVENT WILL AVALBA'S AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATED TO YOUR USE OF THE SITE EXCEED $100. YOU ACKNOWLEDGE THAT, AS NO SUBSCRIPTION OR OTHER FEES ARE REQUIRED FOR YOUR ACCESS TO THE SITE, THE LIMITATIONS IN THIS PARAGRAPH ARE REASONABLE AND APPROPRIATE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Except where prohibited by law, in no event will Avalba be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Avalba has been advised of the possibility of such damages.
Avalba may disclose any information Avalba has about you (including your identity) if Avalba determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Avalba's rights or property, or the rights or property of visitors to or users of the Site, including Avalba's customers. Avalba reserves the right at all times to disclose any information that Avalba deems necessary to comply with any applicable law, regulation, legal process or governmental request. Avalba also may disclose your information when Avalba determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Avalba may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
18. GOVERNING LAW/JURISDICTION.
19. ENTIRE AGREEMENT.
No waiver by Avalba of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term or provision of these Terms and Conditions at that time or a waiver of that or any other right, term or provision of these Terms and Conditions at any other time.
It is at the express consent of the parties that the present agreement be written in English.