This Agreement (the "Agreement") is between you and Yabla, ("Yabla"), a corporation organized and existing under the laws of the state of New York, and with a principal place of business located in New York, NY, in the United States of America.
1) Limited End User License
Yabla grants you a non-exclusive, non-transferable, limited right to access, use and display the online products you subscribe to or license (the "Content") made available on the Yabla website (the "Site"), provided that you comply fully with this Agreement. The Content is only for your personal, noncommercial use. Each license is for use by one individual. Each additional user requires a separate license.
2) Copyrights and Trademarks
All materials on the Yabla.com website, as well as its subdomains, including without limitation text, images, software, audio and video clips, and Fee-Based Services (collectively, the "Materials") are owned or controlled by Yabla Inc., which retains all right, title, and interest in and to the Materials. The Site and Materials are protected by the copyright and trademark laws of the US and other countries, international conventions, and other applicable laws.
3) Disclaimer and Warranty
The site (including all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof) are provided AS IS, without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. To the fullest extent permissible by law, Yabla and its affiliates make no warranties and shall not be liable for the use of this site under any circumstances, including but not limited to negligence by Yabla. Yabla does not warrant that the functions contained in the site or the services, fee-based or otherwise, will be uninterrupted or error-free, that defects will be corrected, that the site or fee-based services will meet any particular criteria of performance or quality, or that the site, including forums or the server(s) on which the site is operated, are free of viruses or other harmful components.
4) Limitation of Liability
Use of the site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading, accessing or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Site. Under no circumstances shall Yabla or its affiliates, or any provider of telecommunications or network services for Yabla or the affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site or fee-based services, even if Yabla, its affiliates, or their providers of telecommunications or network services has been advised of the possibility of such damages. The total liability of Yabla and the affiliates hereunder is limited to the amount, if any, actually paid by you for access and use of the fee-based services. You hereby release Yabla and its affiliates from any and all obligations, liabilities and claims in excess of this limitation. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
5) Single User
Each assigned user name for a Yabla online service is to be used solely by the individual to which it was issued. Requests for multiple user single site licenses can be arranged and should be made to Yabla Inc.
6) Agreement To Pay
You agree to pay, using the credit information you provided us, the periodic subscription charges, applicable taxes, and other charges incurred on your account in order to access any fee-based services to which you have subscribed. Yabla reserves the right to increase fees, or to institute new fees at any time, upon email notice of 15 days or more.
Yabla reserves the right to restrict, suspend or terminate your access to Yabla services, fee-based or otherwise, in whole or in part, with respect to any breach or suspended breach of any portion of this Agreement. In the event of such a termination, there will be no refunds for unused time under the terms of your license or subscription. Yabla reserves the right to refuse to provide services to you in the future.
8) Refund/Cancellation Policy
You may cancel your subscription to Yabla at any time for any reason whatsoever. In the event of a cancellation, there will be no recurring charges made to your credit card. If you cancel within the first 7 days of the commencement of your subscription, you will receive a full refund of any fees paid. If you cancel after 7 days, access to the product will remain in effect for the remainder the subscription, but you will not be charged again, all recurring billing will cease, and the subscription will lapse as of its end date.
We will not sell, rent or give your personal information to any third party for marketing or other purposes without your explicit consent.
10) Modification to This Agreement
Yabla may modify this Agreement at any time and changes are effective as soon as new agreement is posted to site or notice is made via electronic mail. If you are not satisfied with any such changes your only recourse and right is to cancel your subscription.
11) Modification of the Yabla Site
Yabla may modify the Site in any way at any time, including fee-based services. Yabla may impose limits on any Site features and/or services or restrict your access to parts or all of the Yabla site without notice or liability. If you are not satisfied with any such changes your only recourse and right is to cancel your subscription.
12) Change in Fees or Fee Structure
Yabla may change fees or fee structure for any product or service, including recurring subscriptions, at any time. Notice of any such changes will be posted in advance on the Yabla site and sent via electronic mail to any subscribers with recurring subscriptions that may be affected.