This Agreement sets forth the terms and conditions that apply to your access and use of www.yaadball.com operated and owned by Wise Tech SolutionsLtd, a Limited Liability company registered in Jamaica. By visiting, using and/or submitting information to yaadball.com, you agree to be bound by the terms and conditions of this Agreement.
The terms "yaadball.com", "our", or "us" or "we" refers to the owner of the website. The terms "your", "you", "user" refers to the user or viewer of our website.
We will try to notify you when changes are made to this agreement but yaadball.com shall have the right at any time to update this Terms and Condition Agreement without any notice to you the user. Any use of the website after changes have been made shall be deemed to constitute acceptance by User of such changes. You should therefore check this page from time to time to ensure that you are happy with any changes. Last updated February 2, 2012.
Member Account, Password, and Security
To access our website's features you will need to open an account. In order to open an account User must complete the registration process by providing yaadball.com with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify yaadball.com immediately of any unauthorized use of User's account or any other breach of security. Wise Tech Solutions Ltd will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User's knowledge. However, User could be held liable for losses incurred by Wise Tech Solutions Ltd or another party due to someone else using User's account or password. User may not use anyone's account at anytime, without the permission of the account holder. yaadball.com reserves the right to terminate accounts (see below).
You agree that yaadball.com may, under certain circumstances and without prior notice, immediately terminate your account. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other agreements or guidelines related to your use of the Services, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in yaadball.com's sole discretion and that yaadball.com shall not be liable to you or any third party for any termination of your account.
License and site access
yaadball.com grants you a limited license to access and make use of this site. This license does not include any resale of this site, its contents or the Services or any derivative use of this site, its contents or the Services. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, music, sound, videos, text, page layout, user submitted content, form or any of the Services) of yaadball.com and our affiliates without our express written consent. Any unauthorized use terminates the permission or license granted by Wise Tech Solutions Ltd.
User shall use yaadball.com for lawful purposes only. User shall not post or transmit through yaadball.com any material which violates or infringes in any way upon the rights of other, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, offensive, give rise to civil liability or otherwise violate any law, or which, without yaadball.com's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in Wise Tech Solutions Ltd's discretion restricts or inhibits any other User from using or enjoying yaadball.com will not be permitted. User shall not use yaadball.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information service competitive with yaadball.com.
This website and its content excluding all user submissions, including but not limited to, images, text, software, logos, videos, flash animations, interactive features, music and sound ("Content"), and the service marks, trademarks and logos contained therein ("Marks") are owned by or licensed to Wise Tech Solutions Ltd and are therefore protected by Jamaica and international copyright and other intellectual property rights under the law.
Content on this site is provided as is and is provided for your personal use only. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. User may not modify, publish, transmit, participate in the transfer or sale, creative derivative works, or in any way exploit, any of the content, in whole or in part. In the event of any permitted copying, the redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
yaadball.com, its logos and service marks are trademarks of Adrian Thompson. All rights reserved. All other trademarks appearing on yaadball.com are the property of their respective owners. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of yaadball.com.
User Content Provided to yaadball.com (Videos, Music, Images, Feedback, Suggestions , Comments etc.)
yaadball.com does not claim ownership of user provide content to yaadball.com (including feedback and suggestions) or posts, upload, input or submit or it's associated services for review by the general public or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User's submission User in granting yaadball.com, it's affiliated companies and necessary sublicensees permission to use User's Submission in connection with the operation of their internet business (including, without limitation, all yaadball.com services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and format user's submission; to publish user's name in connection with user's submission; and the right to sublicense such rights to any supplier of the services.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part, videos, music ("Media"), User warrant and represent that (a) User is the copyright owner of such media, or that the copyright owner of such media has granted User permission to use such media or any content and/or media contained in such media consistent with the manner and purpose of User's use and as otherwise permitted by these Terms of Service and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and (c) that each person depicted in such media, if any, has provided consent to the use of the media as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such media. By Posting media, user is granting (a) to all members of user's private community (for each such media available to members of such private community), and/or (b) to the general public for each such Media available anywhere on the Services, other than a private community), permission to use User's Media in connection with the use, as permitted by these Terms of Service, of any of the Services, (including, by way of example, and not as a limitation, making prints and gifts and gift items which include such Media), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User's media without having User's name attached to such Media, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Medias will terminate at the time User completely remove such Media from the Services, provided that, such termination shall not affect any licenses granted in connection with such media prior to the time User completely remove such media. No compensation will be paid with respect to the use of User's media.
There are some content that we will not accept and will remove from the website. yaadball.com is not for pornography or sexual explicit content. If this describes your media do not upload them to yaadball.com. Don’t post videos that contain animal abuse, drug abuse, underage drinking and smoking or bomb making. Violent content is not allowed. Don’t post videos of accidents, dead bodies, or any content that can be extremely shocking or disgusting. Don’t upload videos that you don’t have copyright rights to. Videos should not contain any hate speech against anyone.
yaadball.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted or posted on yaadball.com. Without limiting the foregoing, Wise Tech Solutions Ltd Shall have the right to remove any material that Wise Tech Solutions Ltd, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Capacity to Become a Member
If you are under 18 years of age you should only use yaadball.com under the supervision of an adult or guardian 18 years of age or older. In any case you affirm that you are over the age of 13, as yaadball.com is not for children under the age of 13.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over those other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question. By using yaadball.com you expressly relieve yaadball.com from any and all liability that could arise from using third party websites.
Disclaimer of Warrant; Limitation of Liability
* USER EXPRESSLY AGREES THAT USE OF YAADBALL.COM IS AT USER'S SOLE RISK. NEITHER YAADBALL.COM, IT'S OFFICERS, DIRECTORS, EMPLOYESS AND IT'S AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT YAADBALL.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARANTY AS TO THE RESULTS THAT MAYBE OBTAINED FROM USE OF YAADBALL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH YAADBALL.COM.
* YAADBALL.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND IMCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APLICABLE TO THIS AGREEMENT.
* THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE, FAILURE, THEFT OR DESTRUTION OR UNAUTHORISED ACCESS TO ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLEGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER'S SPECIFICALLY ACKNOWLEDGES THAT YAADBALL.COM IS NOT LIABLE DEFAMATORY OF OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USER'S OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
* IN NO EVENT WILL YAADBALL.COM OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DESTRIBUTING YAADBALL.COM OR ANY YAADBALL.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATIONS, DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE YAADBALL.COM. USER HERBY ACKNIOWLEGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
* IN ADDITION TO THE SET FORTH ABOVE NEITHER, WISE YAADBALL.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OF DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN YAADBALL.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THERBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
* PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. YAADBALL.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, WISE YAADBALL.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONAL, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
* FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATION).
You agree to defend, indemnify and hold yaadball.com (including any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors) harmless from and against any and all claims, damages, costs, and expenses, including attorney's fees, arising from or related to your failure to comply with these Terms of Service, including, without limitation, as a result of any unauthorized use by you of any Rights of yaadball.com or of any other party.
If you have questions, comments, concerns regarding this Agreement or yaadball.com, please contact us via any of the methods set forth below: