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By choosing to activate your VIP (Vibary Information Provider) membership you have agreed to accept the Terms of Usage ("ToU") below. These rules and guidelines protect you and the entire VIP membership ensuring everyone's experience with Viba Fima Inc. and its affiliates is safe, rewarding and profitable. The ToU below reserves our right to terminate the membership of those users, for example, using obscene language, harassing other members, or acting in a fraudulent manner. We welcome your help in maintaining the standards of the VIP membership and ask that you please contact us if you know of another member who is not abiding by the rules and guidelines below. Your acceptance of these terms means you are accepting responsibility for your own actions.
VIP membership in the Vibase (Vibase herein after incorporates both the collective information making up the Vibase as well as any websites or other electronic media representing that collective information) is provided free of charge to you ("you", "your agents") by Viba Fima, Inc. ("Viba Fima") under these Terms of Usage and apply to you as a registered member of the Vibase. This ToU governs your use of the Vibase in general and all uses provided in connection with the Vibase. Viba Fima reserves the right and discretion to supplement these Terms of Usage with additional terms pertaining to a specific Vibary Service ("Addendum"). The terms of using a Vibary Service are a combination of this ToU and the Addendum specific to that Vibary Service. You understand and agree that such Addendums are hereby incorporated by reference into these Terms of Usage. SUBMITTING YOUR USERNAME, AS PROVIDED BY VIBA FIMA, AND YOUR PASSWORD SUBSEQUENT TO YOUR MEMBERSHIP REGISTRATION, IS INDICATION OF YOUR AGREEMENT TO BE BOUND TO THE TERMS OF USAGE INCLUDING LATER MODIFICATIONS TO THE TERMS AS THEY OCCUR FROM TIME TO TIME. Viba Fima shall not be liable to you for its breach of any of these Terms of Usage. If you do not agree to these Terms of Usage, please do not register with the Vibase or attempt to use the Vibase and any of its affiliated sites. From time to time, Viba Fima will make modifications or additions to these Terms of Usage. If you do not agree with and do not accept the changes in the Terms of Usage as they occur, please arrange (i) to terminate your membership with Viba Fima immediately or (ii) discontinue your use of the Vibase. Any continued use by you of Viba Fima services or products or the Vibase will signify your acceptance of the change in the Terms of Usage. Registering for VIP membership requires you to provide the following public information: business category, business name, business address, business phone number, contact person name, contact person e-mail and contact person phone number. You will provide true and accurate information when registering and will maintain and update that information as applicable. YOUR RESPONSIBILITY TO PROTECT YOUR VIP MEMBERSHIP
If you use the Vibase web site, you are responsible for maintaining the confidentiality of your membership account and password. If you use a shared computer to sign in to the Vibase, you must use the sign-off facility in order to prevent unauthorized access to your VIP membership by others that use the same computer. You agree to accept responsibility for all activities that occur under your VIP membership and will immediately notify Viba Fima of any unauthorized use of your VIP membership. Any information provided by you, or gathered by Viba Fima, related to your VIP membership shall be subject to the terms of the Vibase Privacy Policy. MODIFICATIONS NOTE: The date and time you accept the current ToU will be stored in the Vibase. This allows us to alert you when there is a change in the ToU. If you reject the ToU, you will not be able to either (i) use the Vibase or (ii) purchase a new Vibary. Since your VIP membership will be of limited use, you can (i) initiate the termination of your VIP membership, or (ii) stop using the Vibase. DISCONTINUATION You are responsible for the content of your messages, and the consequences of any such messages. Viba Fima reserves the right to terminate your membership if it becomes aware of and determines, in its sole discretion, that you are violating any of the following guidelines. 1. You shall not use the Vibase to publish or distribute objectionable material on message boards or any place on the Vibase. Objectionable material is any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, knowingly inaccurate, or otherwise objectionable 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 Vibase but does not regularly review posted content. 2. You shall not use the Vibase to 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 further agree that you will not use inappropriate member name(s) of any kind. 3. You shall not collect or make use of the Vibase membership base for distributing chain letters, spreading viruses, junk mailings, 'spamming' attacks, mass solicitations (commercial or non-commercial) or unauthorized bulk communications of any kind. This restriction could be partially removed if you have entered into a contract with Viba Fima to license the membership list. 4. You shall not use the Vibase to publish or distribute 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. Viba Fima does not encourage, solicit, nor extend Vibase VIP membership to persons under the age of 13 years. Members between 13 and 18 years old (herein referred to as "under age"), conducting a bona fide business, may become members of the Vibase, only under the supervision, and with the permission, of an adult parent,a legal guardian, or an agent. To protect their privacy, under age VIPs do not have to identify themselves as under age in their Public Information. Under age VIP members entering into transactions with other members for goods or services should do so only after consultation with, and the permission of, an adult parent, a legal guardian, or an agent. Viba Fima is not liable for misstatements or misrepresentations of age or the refusal or failure of an under age VIP member to discharge a contractual obligation. You can create a hyperlink to the home page of Viba Fima without permission so long as the link does not portray Viba Fima, its affiliates, or their products or usages 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. The Vibase web sites may contain links to other web sites or resources. 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 Vibase web sites does not imply that Viba Fima endorses the linked site. You hereby waive any claim you might have against Viba Fima with respect to such sites.
Viba Fima may include hyperlinks from the Vibase to other Viba Fima owned or
affiliated sites, which will allow you to access
and learn more about the other services provided by Viba Fima
or
its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE
GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SERVICES. Viba Fima grants you a limited license to access and make commercial use of this site. Viba Fima does not grant you the right to download (other than page caching) this site, or modify it, or any portion of it, except with the express written consent of Viba Fima. This limited license does not include: (i) any resale of this site or its contents with the exception of articles owned by you; (ii) the collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; (iii)any downloading or copying of account information for the benefit of another merchant; or (iv) 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 and our affiliates 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. Any unauthorized use terminates the permission or license granted by Viba Fima. You acknowledge that (i) Viba Fima permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of usage and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Vibase, 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 Vibase 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 post; 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 Viba Fima has the right but not the obligation to monitor and edit or remove any activity or content. Viba Fima takes no responsibility and assumes no liability for any content posted by you or any third party. You acknowledge that Viba Fima may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials. Unless we indicate otherwise, posting or submission of material by you or your agents, 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 Vibase retains any and all Rights that may exist in such content. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE VIBASE, YOU HEREBY EXPRESSLY PERMIT VIBA FIMA TO IDENTIFY YOU 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 VIBASE PRIVACY POLICY FOR FURTHER DISCUSSION. All content 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. The compilation of all content on this site is the exclusive property of Viba Fima and protected by U.S. and international copyright laws. All software used on this site is the property of Viba Fima or its software suppliers and protected by United States and international copyright laws. Click here for trademarks belonging to Viba Fima or its subsidiaries. Viba Fima reserves the right to limit the sale of services that have a limited inventory to a single VIP member. Such services include, but are not limited to, Banner Advertisements and "Showcased" services offered by VIPs. Viba Fima is not a party to any commerce transactions that may go on at or between VIP members of the Vibase and consumer users of the Vibary. You may enter into transactions for services or merchandise through the Vibase 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 UNDERSTAND AND AGREE THAT VIBA FIMA WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES.
YOU UNDERSTAND AND AGREE THAT VIBA FIMA DOES NOT GUARANTEE THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE VIBASE AND
INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT
THE MEMBERS OF THE VIBASE, WHILE SUCH MEMBERS ARE IN THE VIBASE, ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER
PROFESSIONAL USAGES OR ADVICE (UNLESS THOSE PROFESSIONALS SPECIFICALLY HOLD
THEMSELVES OUT IN THE MANNER OF A PROFESSIONAL AND AN ONGOING, FORMAL,
PROFESSIONAL RELATIONSHIP IS CREATED BETWEEN THE USER AND THE PROFESSIONAL). 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. Your Payment to Viba Fima for service rendered and any other financial transactions between you and Viba Fima are covered by the Transaction Policy. INDEMNIFICATION
APPLICABLE LAW OUR REMEDIES FOR BREACH OF THESE TERMS BY YOU YOUR RIGHT TO TERMINATE YOUR MEMBERSHIP
MISCELLANEOUS tou-1.1-2003.10.22
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