ABVENTURES LTD (“ABVENTURES LTD”, “We” or “Us”) Internet Web Site and Mobile Apps Terms Of Use

Last updated: November 19, 2016

Effective as of: November 19, 2016

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB AND OUR APPS ON THE APPLE APP STORE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND ABVENTURES LTD AND GOVERN YOUR ACCESS TO, AND USE OF, THE ABVENTURES LTD WEBSITE LOCATED AT WWW.ABVENTURESLTD.CO TOGETHER WITH THE SOFTWARE AND SERVICES AVAILABLE THROUGH THIS SITE (COLLECTIVELY, THE “SITE”), AND THE ABVENTURES LTD MY LIFE APPS ON THE APPLE APP STORE (THE “APPS”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR APPS OR ANY INFORMATION CONTAINED ON THIS SITE OR APPS. YOUR USE OF THIS SITE AND APPS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. ABVENTURES LTD MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AND APPS AT ANY TIME. ABVENTURES LTD CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE AND APPS. IF YOU DO NOT CEASE USING THIS SITE AND APPS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions

ABVENTURES LTD provides a tool to do personal strategic planning and tracking i.e. setting goals, targets, scheduling events in your calendar and  updating progress on goals through this Site and mobile Apps, including content, logos, graphics and images (together, the “Materials”). Materials do not include Submissions (defined below). These Materials are made available to you by ABVENTURES LTD and are the copyrighted and/or trademarked work of ABVENTURES LTD or ABVENTURES LTD’s contributors.

ABVENTURES LTD grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Site and Apps solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or Apps or any Materials. You agree that you have all rights to any content that you upload to the Site or Apps (“Your Content”). You hereby grant to ABVENTURES LTD a non-exclusive license to use Your Content to provide you with the services and the functionality on the Site and Apps.

Payment and Electronic Communications

If applicable, you are expressly agreeing that ABVENTURES LTD is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with ABVENTURES LTD in connection with your use of the Site and the services on this Site. You agree that the fees will be billed to the credit card or your paypal account you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable and, as applicable to the transaction you have selected. If payment is not received or cannot be charged to your credit card or paypal account for any reason, ABVENTURES LTD reserves the right to either suspend or terminate your access to the Site and/or any services offered through the Site and terminate these Terms.

By using the Site and Apps, you consent to receiving electronic communications from ABVENTURES LTD. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site, Apps and services. These electronic communications are part of your relationship with ABVENTURES LTD and you receive them as part of your subscription to the Site, Apps and/or services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Privacy Policy

Your use of this Site is governed by the ABVENTURES LTD’s Privacy Policy, which is available at http://www.abventuresltd.co/privacy (the “Privacy Policy”).

Third Party Content

Certain information and other content that are not Submissions may be the material of third party licensors and suppliers to ABVENTURES LTD (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer or mobile device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ABVENTURES LTD DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites

This Site, our Apps and the Emails we send you may link to other sites that are not ABVENTURES LTD sites. ABVENTURES LTD is providing these links to you only as a convenience, and ABVENTURES LTD is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Content Uploaded to the Site

Any content that you upload to the Site or Apps, except for content and/or text that you elect to post to public forums, including non-public or personally identifiable information, will only be used by ABVENTURES LTD to provide the services to you and as set forth in the ABVENTURES LTD’s Privacy Policy and will not be shared with any third parties other than as set forth in the ABVENTURES LTD’s Privacy Policy.

As part of our services, you may elect to “share” certain of your non-public or personally identifiable information with specific persons. If you elect to share your non-public or personally identifiable information with specific persons, we will ask for that third party’s email address and we will only use their email address to send them or provide them with access to your non-public or personally identifiable information that you have specified.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site and our Apps may violate certain laws and regulations. You agree to indemnify and hold ABVENTURES LTD and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ABVENTURES LTD or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or Apps or the use of this Site or Apps by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. ABVENTURES LTD may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ABVENTURES LTD’s discretion, ABVENTURES LTD will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Proprietary Rights

Other trademarks, names and logos on this Site and Apps are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site and Apps, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of ABVENTURES LTD, Copyright © 2016 ABVENTURES LTD. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements

Notification: ABVENTURES LTD respects the intellectual property rights of others, and we ask you to do the same. ABVENTURES LTD may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide ABVENTURES LTD’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit ABVENTURES LTD to locate the material.
  • Information reasonably sufficient to permit ABVENTURES LTD to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ABVENTURES LTD’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:

ABVENTURES LTD.

21 Darceuil Lane, Belmont, Port of Spain, Trinidad and Tobago.

By e-mail: admin@abventuresltd.co
Please also note that for copyright infringements under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties

Your use of this Site and our Apps and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by ABVENTURES LTD, and they may include inaccuracies or typographical or other errors. ABVENTURES LTD does not warrant the accuracy or timeliness of the Materials, Submissions or the Third Party Content contained on this Site. ABVENTURES LTD has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by ABVENTURES LTD or our licensors.

ABVENTURES LTD, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, OUR APPS, THE SERVICES, ANY SUBMISSIONS, MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, OUR APPS, AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE AND OUR APPS, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS AND THE THIRD PARTY CONTENT. SPECIFICALLY, ABVENTURES LTD MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE SITE, OUR APPS OR OUR SERVICES WILL RESULT IN YOUR ACHIEVEMENT OF ANY GOALS OR PLANS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, OUR APPS, THE SERVICES, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND APPS IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ABVENTURES LTD DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

ABVENTURES LTD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE AND OUR APPS. IN NO EVENT SHALL ABVENTURES LTD BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ABVENTURES LTD KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

ABVENTURES LTD controls and operates this Site and Apps from its headquarters in the Trinidad and Tobago. If you use this Site and Apps outside Trinidad and Tobago, you are responsible for following applicable local laws.

General

If you violate these Terms, ABVENTURES LTD may terminate and/or suspend your access to this Site and Apps without notice. ABVENTURES LTD has the right to terminate your account for any reason. You may terminate your account at any time. Once your account is cancelled, you will not be able to access Your Content; however, ABVENTURES LTD may retain Your Content for a period of up to 6 months before deleting it from the active system (except that some copies of your information may be retained on archival or backup media).

Trinidad and Tobago law without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Trinidad and Tobago. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ABVENTURES LTD’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ABVENTURES LTD and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ABVENTURES LTD about this Site and Apps. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Publicly Posted Submissions

Any text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials that you submit, post or otherwise make available on the Site on public posting areas such as discussion forums, or post on public social media sites from our Apps are “Submissions.”

You, and not ABVENTURES LTD, have full responsibility for each such Submission you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You agree that any Submission provided by you in connection with this Site and Apps is provided on a non-proprietary and non-confidential basis. Please note that, generally, Submissions will be accessible by other users on the Site. Please be sure that any information you post on any public area of the Site or other social media sites is information that you are comfortable with sharing with others. You agree that ABVENTURES LTD is free to use a Submission on an unrestricted basis for any purpose and you grant ABVENTURES LTD a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. However, under the foregoing license, ABVENTURES LTD shall not have the right to sell ownership rights to your Submission.

You further agree that other users of the Site may incorporate portions of your Submissions into their personal pages on the Site. You also agree that ABVENTURES LTD may incorporate Third-Party Content, including, advertising and sponsorships, on, in and/or around your personal page and/or Submissions. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO ABVENTURES LTD, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site and Apps or otherwise have the right to grant the licenses to ABVENTURES LTD set forth in this section, and (ii) the posting of your Submissions on or through this Site and Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site and Apps.

Additionally, ABVENTURES LTD agrees to use all of your Submissions in accordance with ABVENTURES LTD’s Privacy Policy.

Posting Etiquette

ABVENTURES LTD requires that you respect the ABVENTURES LTD online community as well as other individuals participating within the ABVENTURES LTD online community. Your conduct should be guided by common sense and basic etiquette. To further these common goals, when posting Submissions to or otherwise using this Site, our Apps and/or the services, you agree not to, without limitation:

  • Post off-topic messages.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging (including disparaging of ABVENTURES LTD), vulgar, obscene, pornographic, or that promotes, furthers or incites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by ABVENTURES LTD in its sole discretion).
  • Use racially, ethnically, or offensive language.
  • Impersonate or represent ABVENTURES LTD, our staff or other industry professionals.
  • Solicit a user’s password or other account information.
  • Harvest user names, addresses, or e-mail addresses for any purpose other than use in your interactions on this Site.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Disrupt the flow of chat in any manner, including without limitation vulgar language or abusiveness.
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Post telephone numbers, street addresses or last names.
  • Solicit personal information from anyone under 18 years of age.
  • Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
  • Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to ABVENTURES LTD, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.

This list of prohibitions provides examples and is not complete or exclusive. ABVENTURES LTD reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ABVENTURES LTD determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. ABVENTURES LTD reserves the right to restrict the number of e-mails or other messages which you are allowed to send to other users to a number that ABVENTURES LTD deems appropriate in ABVENTURES LTD’s sole discretion. ABVENTURES LTD may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ABVENTURES LTD’s discretion, ABVENTURES LTD will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. ABVENTURES LTD does not and cannot review every Submission posted to the Site or through the Apps. These prohibitions do not require ABVENTURES LTD to monitor, police or remove any Submissions or other information submitted by you or any other user.

—End of Terms Of Use