These Terms govern your access to and use of the Services provided by myFIVEby, via the website at www.myfiveby.com and www.myfive.by, and any Content, including information, text, graphics, photos or other materials uploaded, downloaded or appearing anywhere within myFIVEby’s websites. By accessing or using the Services you agree to be bound by these Terms.
In order to access certain features of myFIVEby and to create content, you must first register with myFIVEby through your existing Facebook Account.
By creating an Account via your Facebook Account you are allowing myFIVEby to access certain account information, which is requested at the time. You are agreeing to abide by the applicable terms and conditions of Facebook in your use of the Services.
myFIVEby does not post your activity on myFIVEby back to Facebook.
You are responsible for your use of the Services, for any Content you create and any consequences thereof. The Content you post, or display will be able to be seen by other users of the Services and through third party services and websites.
myFIVEby does not guarantee that all Content and/or Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions, even though myFIVEby will do it’s best to ensure Content and/ or Services are not affected in this way.
myFIVEby reserves its right to modify, suspend or discontinue all or part of any Service or any Content without giving notice.
myFIVEby may include advertisements. The types and extent of advertising are subject to change. You agree that myFIVEby and its third party providers and partners may place such advertising in connection with the display of Content or information from the Services whether submitted by you or others
Use of myFIVEby
If you comply with these Terms and any applicable Additional Terms and with all relevant laws (for instance, copyright law), you may use myFIVEby Services to access, view and/or create Content.
You may not infringe or try to infringe the privacy or other rights of other users. This includes, but is not limited to, you storing or trying to store personal data or usage details of users.
You may not infringe any applicable law (for instance copyright law) when using myFIVEby Services.
You may not subject myFIVEby to any derogatory treatment or use the Services in such a way that would bring myFIVEby into disrepute or cause myFIVEby to incur liability to any third party.
Content on myFIVEby is user generated and, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. The nature of myFIVEby’s services means that we cannot control the Content posted and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via myFIVEby’s websites is at your own risk.
You retain your rights to any Content you post that complies with this policy. If you submit Content to the myFIVEby you signal that you agree to allowing myFIVEby to use the material in your contribution in any way it may reasonably choose on a free-of-charge basis in any media throughout the world.
This may include modifying or adapting your Content as necessary to conform to any requirements or limitations of any networks, devices, services or media through which we choose to make it available for distribution.
You understand that your Content may be reproduced by our partners and if you do not have the right to submit Content for such use, you may be liable to any related consequences. You represent and warrant that you have all the rights and authority necessary to grant the rights granted herein to any Content that you submit.
All right, title, and interest in and to the Services (excluding Content provided by users) are and forever will be the exclusive property of myFIVEby and its licensors. The Services are protected by copyright, trademark, and other laws of both domestic and foreign countries. Nothing in the Terms gives you a right to use the myFIVEby name or any of the myFIVEby trademarks, logos, domain names, and other distinctive brand features, and you may not do so without express prior written consent.
We reserve the right at all times to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of myFIVEby, its users and the public.
myFIVEby respects the intellectual property rights of others and expects users of the Services to do the same. You may not redistribute, reproduce or commercially exploit content that is not your own, except with our express written permission. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, myFIVEby will also terminate a user’s account if the user is determined to be a repeat infringer.
From time to time myFIVEby may display links to other websites, whether provided by myFIVEby itself, or by users within their own submitted Content. These links do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYFIVEBY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MYFIVEBY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
If any part of the Terms is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.