Privacy Policy
YeaBaby d/b/a MyGearbox.com (“YeaBaby”) respects the privacy rights of our clients, contributors and readers. We do not share or sell personal information, including e-mail addresses, pertaining to our website visitors.
Our Web server recognizes information regarding the domain and / or user agent for each visitor to our webpages, and we collect information on what pages consumers access or visit.
We use cookies to record session information and to track the movement of visitors within our sites via internal links. Cookies may be used to direct the display of ads, track usage patterns and record registration and personal information. We may also allow advertisers and other third parties to place cookies on this site for the purpose of tracking Web searches, browsing and click activity, which helps to customize ads to user needs on this and other websites and/or to track user responses to ads. However, these third parties are not able to use this information to identify you personally.
YeaBaby also has appropriate security measures in place in our data centers to protect against the loss, misuse or alteration of information that we have collected from visitors to our sites.
We use a third-party advertising company to serve ads when you visit our website and sites upon which we advertise. This third-party advertising technology uses information about your visits to this website and the sites upon which we advertise to serve our ads to you. In the course of our advertisements being served to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we may use Web beacons, provided by our third-party advertising company, to help manage our online advertising. These Web beacons allow us to recognize a browser’s cookie when a browser visits this site and to learn which banner ads bring users to our website.
If our information practices change in the future, we will post the policy changes on this page. If you have any questions about these policies, please contact us at zillax22@gmail.com.
YeaBaby Copyright Policy
All content on YeaBaby is copyrighted and may not be reproduced without prior written consent from YeaBaby.
Other websites that reproduce material from this site are subject to any and all penalties under the law and will be reported immediately to major search engines.
TERMS OF USE
AGREEMENT WITH TERMS OF USE
These terms of use set forth the rules and conditions that apply to use of MyGearbox.com (”Terms of Use”) by any individual visiting MyGearbox.com (”Visitor”). By accessing MyGearbox.com, you signify your assent to the following Terms of Use. If you do not agree, you have no right or license to access MyGearbox.com and you should not do so. In its sole, exclusive and unlimited discretion, YeaBaby, L.L.C. d/b/a MyGearbox.com (”YeaBaby”) may terminate and/or restrict the Visitor’s account, and/or ban the IP address of the Visitor’s account, for any reason, including any violation of these Terms of Use, or for no reason at all.
CHANGES TO TERMS OF USE
YeaBaby has the right to change or discontinue any aspect or feature of MyGearbox.com, including, without limitation, content, hours of availability, and equipment needed for access or use, at any time. YeaBaby has the right to change or modify the Terms of Use applicable to Visitor’s use of MyGearbox.com, or any part thereof, or to impose new Terms of Use, including, without limitation, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, without limitation, posting on MyGearbox.com, or by electronic or conventional mail, or by any other means by which Visitor obtains notice thereof. Any use of MyGearbox.com by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.
CONDUCT OF VISITOR AND LAWFUL USE
Visitor shall use MyGearbox.com for lawful purposes only. Visitor shall not post or transmit through MyGearbox.com any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless YeaBaby has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in YeaBaby’s discretion restricts or inhibits any other Visitor from using or enjoying MyGearbox.com is expressly prohibited. All of the content appearing on MyGearbox.com is solely and exclusively for entertainment purposes and shall not be used for any other purpose whatsoever.
INTELLECTUAL PROPERTY NOTICES
CONTRACTUAL NON-USAGE / MISAPPROPRIATION
MyGearbox.com contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, tables, charts, lists, software, photos, video, graphics, music, and sound, portions of which are owned by Amazon.com, YeaBaby or others. The entire contents of MyGearbox.com are copyrighted as a collective work/compilation. YeaBaby owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the entire content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the materials on MyGearbox.com for Visitor’s personal, non-commercial use only. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of YeaBaby. In the event of any permitted copying, redistribution or publication of such materials, no changes, in or deletion of, author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that Visitor does not acquire any ownership rights by downloading such materials.
No Visitor shall in any way make any commercial use of any of the materials or intellectual property, without limitation, on MyGearbox.com, regardless of whether such is independently protected by
Visitor shall not upload, post or otherwise make available on MyGearbox.com any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, respectively, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of MyGearbox.com, Visitor automatically grants or warrants that the owner of such material has expressly granted YeaBaby the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology, now known or hereafter developed, for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor’s personal use. Visitor hereby grants YeaBaby the right to edit, copy, publish and distribute any material made available on MyGearbox.com by Visitor.
TRADEMARKS AND SERVICE MARKS
Company logos that appear on MyGearbox.com are the trademarks and property of the company depicted. THE USE OF THESE MARKS ON MyGearbox.com IN NO WAY INDICATES, IMPLIES OR SUGGESTS SPONSORSHIP OR ENDORSEMENT BY, OR ASSOCIATION OR AFFILIATION WITH, MyGearbox.com BY THE COMPANY DEPICTED. Besides the foregoing, and unless otherwise indicated, trademarks and service marks that appear on MyGearbox.com are owned by and property of YeaBaby. MyGearbox.com is the service mark and property of YeaBaby. Any other trademarks or service marks that appear on MyGearbox.com are the property of their respective owners.
POSTINGS
NO RESPONSIBILITY OR LIABILITY FOR POSTINGS
To the extent that portions of MyGearbox.com (such as “chat rooms,” “message boards,” “Blogs ”and “bulletin boards”) provide users an opportunity to post and exchange information, ideas and opinions (”Postings”), BE ADVISED THAT YEABABY DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON MyGearbox.com, and Postings do not necessarily reflect the views of YeaBaby. To the fullest extent permitted by applicable laws, YeaBaby shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on MyGearbox.com.
MONITORING OF POSTINGS
YeaBaby reserves the right to monitor all Postings and to remove any which it considers in its sole discretion to be offensive or otherwise in breach of these Terms of Use.
Visitor Warrants All Necessary Rights
Visitor hereby represents and warrants that (i) Visitor has all necessary rights in and to all Postings Visitor provides and all material they contain; (ii) Visitor’s Postings shall not infringe any proprietary or other rights of third parties; (iii) Visitor’s Postings shall not contain any viruses or other contaminating or destructive devices or features; (iv) Visitor’s Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and (v) Visitor’s Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Visitor Authorizes Others to Use
Visitor hereby authorizes YeaBaby to use, and/or authorizes others to use, all or part of Visitor’s Postings in any manner, format, or medium that YeaBaby or such other parties see fit. Visitor shall have no claim or other recourse against YeaBaby for infringement of any proprietary right in Postings.
DISCLAIMER OF WARRANTIES AND DAMAGES AND LIMITATION OF LIABILITY
USE IS AT VISITOR’S RISK
VISITOR EXPRESSLY AGREES THAT USE OF MyGearbox.com IS AT VISITOR’S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR’S PASSWORD(S), IF ANY. NEITHER YEABABY, NOR ANY OF ITS EMPLOYEES, CONSULTANTS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT MyGearbox.com’s SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MyGearbox.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MyGearbox.com. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS VISITOR’S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON MyGearbox.com OR ANY SITES WITH WHICH IT IS LINKED. YEABABY MAY PROVIDE TECHNOLOGY AUTOMATICALLY LINKING AND/OR REFERENCING SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE MyGearbox.com HAS NO CONTROL OVER SUCH SITES AND INFORMATION, YEABABY MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION, AND YEABABY ASSUMES NO RESPONSIBILITY SHOULD, FOR ANY REASON, THE SEARCH LOCATE UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF VISITOR’S USE OF MyGearbox.com MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. MyGearbox.com MAKES NO CLAIM THAT THIS MIGHT NOT OCCUR.
NO WARRANTIES OF MyGearbox.com’s SERVICE
MyGearbox.com IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
DISCLAIMER OF LIABILITY
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 DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD OF ANY TYPE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT YEABABY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
VISITOR’S WAIVER OF DAMAGES
IN NO EVENT WILL YEABABY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MyGearbox.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, MyGearbox.com. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON MyGearbox.com.
IN ADDITION TO THE TERMS OF USE SET FORTH ABOVE, NEITHER YEABABY NOR ANY OF ITS INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MyGearbox.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
NOTICE
You may give notice to YeaBaby (such notice shall be deemed given upon receipt) by electronic mail to zillax22@gmail.com
INDEMNIFICATION
Visitor agrees to defend, indemnify and hold harmless YeaBaby and its directors, officers, employees, consultants, agents, and assigns from and against all claims and expenses, including attorneys’ fees, arising out of Visitor’s use of MyGearbox.com.
EQUIPMENT FOR VISITOR’S USE
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, software and other equipment that is now or may in the future be necessary for access to and use of MyGearbox.com and for any/all charges related thereto.
MyGearbox.com’s CONTENT
A portion of MyGearbox.com’s content may be supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of YeaBaby. Neither YeaBaby nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. YeaBaby neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on MyGearbox.com by anyone other than employee spokespersons of YeaBaby acting in their official capacities.
CONTROLLING LAW
These Terms of Use shall be construed in accordance with the laws of the State of
ENTIRE AGREEMENT
These Terms of Use, and any operating rules for MyGearbox.com established by YeaBaby, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
HEADINGS
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
© 2000-2007 YeaBaby, L.L.C. All rights reserved
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