Yabazam Terms of Use

1. The Service

Yabazam offers digitized 3D versions of photos, movie trailers, movies, independent short films, television shows, and other video content (collectively, "Digital Content") and other services under certain terms and conditions as set forth in this Agreement. Yabazam allows you to access and view Digital Content by downloading a copy.

2. Required Devices

In order to be able to download Digital Content from Yabazam and to view Digital Content, you will need to use a personal computer, notebook computer, or other device that (i) meets minimum system requirements that Yabazam may establish from time to time and (ii) includes a current version of the TriDef 3D Media Player software (each such device, a "Required Device").

3. License to Digital Content Downloads

Yabazam allows you to pay a fee to download one copy of a single piece of Digital Content and to view that Digital Content an unlimited number of times over an indefinite period of time ("Purchased Digital Content"). As used herein, "Non-Commercial, Private Use" means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to purchase the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g. a presentation at a trade show) and any presentation by a place of public accommodation or other commercial establishment (e.g. a bar or restaurant), even if no fee is charged for viewing the Digital Content.

a. Purchased Digital Content. Upon your payment of the purchase fee, Yabazam grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license (i) to download, (ii) to retain a permanent downloaded copy of, and (iii) to view, use, and privately display, for Non-Commercial, Private Use, the Purchased Digital Content purchased by you, on Required Devices, all as specified on the detail pages of the Purchased Digital Content or other help or informational pages of Yabazam at the time of your payment.
b. Downloading and Risk of Loss. If you plan to download Digital Content that you purchase, we encourage you to do so promptly after your purchase. If you are unable to complete a download after having reviewed our online help resources, please contact Yabazam customer service. Once you purchase Digital Content and we make the Digital Content available to you, you bear responsibility for completing the download, if you choose to download, and for all risk of loss of the Digital Content after the download. Purchased Digital Content will generally continue to be available to you for download from Yabazam for a set period of time and Yabazam will not be liable to you if Purchased Digital Content is not downloaded prior to the Purchased Digital Content becoming unavailable.
c. General Restrictions. You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, you may not:
i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Digital Content to any third party;
ii. remove any proprietary notices or labels on the Digital Content;
iii. attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of Yabazam; or,
iv. use Yabazam or Digital Content for any commercial or illegal purpose.

4. Reservation of Rights

Except for the rights explicitly granted to you in this Agreement, all right, title and interest in Yabazam and Digital Content are reserved and retained by Yabazam and its licensors, and Yabazam and its licensors do not transfer any right, title or interest in the Digital Content. You do not acquire any ownership rights in the Digital Content as a result of downloading Digital Content.

5. Territory Limitation

Yabazam is available to customers throughout the world, but some Digital Content may become unavailable in certain territories depending on the terms of our content providersí agreements.

6. All Sales Final

All purchases of Digital Content are final when you click the "Buy Now" button. Yabazam offers you a way to calculate the amount of time needed to download Digital Content prior to purchase to determine whether a download will complete in a reasonable amount of time. If you have an inadequate internet connection to facilitate the download of the Digital Content, Yabazam offers a low cost option to have Digital Content delivered on optical disc. If after purchasing Digital Content, you are unable to successfully download the Digital Content, Yabazam will provide technical assistance to help you finish the download.

7. Additional Terms

a. If you violate any of the terms or conditions of this Agreement, your license to Purchased Digital Content will immediately terminate, and Yabazam may, in its discretion, immediately revoke your access to Yabazam without notice to you and without refund of any fees. In such event, you must delete all copies of Digital Content that you have downloaded, and Yabazam shall have the right, without notice to you, to automatically discontinue your access to Digital Content from Yabazam.
b. You understand that by using Yabazam, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use Yabazam at your sole risk, and Yabazam shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that Yabazam does not guarantee their accuracy.
c. Yabazam reserves the right to modify, suspend, or discontinue Yabazam, or any part thereof, at any time and without notice to you, and Yabazam will not be liable to you should it exercise such rights, even if your use of Digital Content is impacted by the change.
d. Yabazam reserves the right to make changes to this Agreement at any time. Your continued use of Yabazam following any such changes will constitute your acceptance of such changes.
e. Content providers providing Digital Content that you purchase on Yabazam are intended third-party beneficiaries under this Agreement.