Site Terms of Use

1. Acceptance and Modification

By using or accessing this website, or any website hosted at the wabyle.com domain name (the "Sites"), or by accessing or using any Content (defined below), you agree to be bound by these Terms of Use and by the Privacy Policy, which are collectively referred to as the "Agreement." This is a legal agreement between you and Wabyle.com. Please read the Agreement carefully. If you do not agree to these terms then you may not use the Sites or access any Content. Although you may be asked to indicate your assent to the terms of this Agreement when you register for a Wabyle.com account, the terms of this Agreement, as modified by Wabyle.com from time to time in accordance with the next paragraph, will govern all Content (as defined below) that you submit to the Sites now or in the future and all your future use of the Sites.

Wabyle.com may revise these Terms of Use and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Sites, and Wabyle.com recommends that you review them from time to time to note any changes. By continuing to access or use the Sites, you agree to be bound by any Terms of Use and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease to use the Sites or access any Content.

Wabyle.com may modify, suspend, or discontinue, temporarily or permanently, the Sites and may remove, modify, or delete any Content at any time, in its sole discretion.

2. Accounts and Passwords

In order to access certain features of the Sites, and to post torrent files and Content, you must register and create a Wabyle.com account. You may create a Wabyle.com account in the Sign Up page. Once you have created an account, you will be a “Registered User.” In creating an account, you agree to provide accurate, current, and complete information.

You are responsible for safeguarding the password that you use to access the Sites. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Wabyle.com of any unauthorized use of your password. You are responsible for keeping your account information current and accurate; Wabyle.com will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.

3. Content and Torrents

“Content” means any text, graphics, pictures, audio, videos, or other materials available from the Sites. “Permitted Content” means Content—whether created by you, assigned to you, or licensed to you from a third party—that you have the right to copy, modify, display, perform (whether by means of a digital audio transmission or otherwise), and distribute, as well as the right to sublicense all of the foregoing rights to third parties without restriction.

A “Torrent File” is a file that the Client Software uses to find and download parts of a related Content file using the BitTorrent™ protocol. A Torrent File can be stored separately from its Content file. If a Content file is replicated at multiple locations, the Client Software works with the Torrent File to efficiently download different parts of the file from different locations.

4. Your License to Wabyle.com

Wabyle.com does not claim any ownership rights in any of Your User Content that you may choose to post to or make available through the Sites. After posting or making Your User Content available through the Sites, you continue to retain all ownership or license rights in Your User Content and you continue to have the right to use Your User Content as you choose. However, by posting or making available Your User Content through the Sites, you hereby grant to Wabyle.com a nonexclusive, royalty-free, transferable, sub licensable, worldwide license to use, copy, modify, distribute, publicly display, and perform (whether by means of a digital audio transmission or otherwise) and process Your User Content or any part of it solely on and through the Sites, including but not limited to (a) adapting the format of Your User Content (for example by encoding or transcoding) for suitable display on the Sites; (b) generating Torrent Files and posting them to publicly-viewable items pages associated with your Wabyle.com user account; and (c) displaying, in Wabyle.com sole discretion, Torrent Files in search results.

5. Term

The license in Section 4 will run for a minimum of ninety (90) days after you first post or make available each piece of Your User Content through the Sites, whether by posting a Torrent File for Your User Content, or Your User Content itself, on the Sites. After that, you may terminate the license with respect to a particular piece of Your User Content by giving Wabyle.com at least ten (10) business days advance written notice by sending a notice of termination via our Contact page. If you choose to terminate, Wabyle.com will remove all copies of the particular piece of Your User Content, and any related Torrent Files, from the Sites. However, Wabyle.com will not have any obligation to return any of Your User Content to you.

6. Use in Wabyle.com Sole Discretion

Wabyle.com reserves the right, in its sole discretion, at any time, to remove Content that it believes to be in violation of this Agreement. Your User Content (or the related Torrent Files) will be eligible for inclusion in search results. You agree to answer any such questionnaires with accurate, complete, and current information. Wabyle.com retains the right to decide in its sole discretion whether to include Torrent Files for Your User Content in such search results and may choose not to do so based on such questionnaire or for any other reason (or no reason).

7. Assurances

By submitting Content (or Torrent Files for Content) to Wabyle.com, you represent and warrant to Wabyle.com the following with respect to each submitted file: (a) that you either own all necessary intellectual property rights in the Content or have secured all necessary licenses or other rights to grant the rights in Section 5 above; (b) that you have the consent, release, and/or permission of each identifiable individual person in the Content to use the name or likeness of each such identifiable individual person to enable inclusion and use of the Content on the Sites; and (c) that no portion of the Content infringes another’s copyright, trademark, patent, trade secret or other intellectual property right, moral right, right of publicity, or privacy, and that no portion of the Content is pornographic (including but not limited to containing any child pornography or any lascivious exhibition of the genitals or pubic area of any person), deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, constitutes hate speech, or transgresses Islam recommendations.

8. Restrictions

You (and those using your account) will not do any of the following while using the Sites or its facilities or Content:

Wabyle.com will have the right to investigate and prosecute violations of any of the above restrictions, including but not limited to intellectual property rights infringement and Sites security issues, to the fullest extent of the law. Wabyle.com may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Wabyle.com has no obligation to monitor your access to or use of the Sites or Content, but has the right to do so for the purpose of operating the Sites, to ensure your compliance with this Agreement or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

9. Notification of Copyright Infringement

Notices of Alleged Infringement for Content Made Available Through the Wabyle.com Search Engine and on the Wabyle.com Site.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following notice (“Notice”) and delivering it to Wabyle.com.

Notice of Alleged Infringement
  1. Identify the copyrighted work that you claim has been infringed, or—if multiple copyrighted works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the applicable Site. For allegedly infringing content posted directly on the Wabyle.com Sites, you must include, at a minimum, the URL or other location where that material may be found, or where a Torrent File pointing to that material may be found. For allegedly infringing results found via a Wabyle.com search engine, you must provide (a) the search query that you used and (b) the URL for each search result that points to allegedly infringing material. For example, if you searched on the term, “Wabyle.com” and found that one or more of the results directly linked to a web page or file that you believed to be infringing, then you would provide the following information:
    • Search Query: Wabyle.com
    • Infringing Web Pages: www.wabyle.com/filename.torrent
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. If the material originates from another web site and you believe that Wabyle.com has cached that material, then confirm and check all that apply:
    • The material has been removed from the originating site.
    • Access to the material on the originating site has been disabled.
    • A court has ordered that the material be removed from the originating site.
    • A court has ordered that access to the material on the originating site be disabled.
  6. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Wabyle.com: copyright@wabyle.com

While Wabyle.com considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.

Wabyle.com does not permit copyright infringing activities on the Sites and will, if properly notified that Content infringes, remove or disable access to such Content. If the allegedly infringing material is referenced by a link or Torrent File displayed through the search engine, Wabyle.com may block its search engine from returning that link or Torrent File. Because the Wabyle.com search technology is automated, however, such links could possibly reappear after Wabyle.com has removed them. Wabyle.com, therefore, recommends that if you are sending a Notice with regard to Wabyle.com search engine results, you should also send a notice, if possible, to the web site displaying the allegedly infringing material.

Wabyle.com reserves the right to remove or disable access to Content without prior notice.

Repeat Infringers

Not all Wabyle.com services limit their usage to Registered Users or other account holders. For services that do, Wabyle.com will terminate Registered Users or other account holders whom it determines to be repeat infringers. If you believe that a Registered User or other account holder is an infringer, please follow the instructions above to contact Wabyle.com and provide information sufficient for Wabyle.com to verify that the Registered User or other account holder is an infringer.

Subpoenas

Wabyle.com may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act. You hereby authorize Wabyle.com to release information about you if required by law or subpoena without notice to you.

Indemnification

You will indemnify Wabyle.com and its agents, affiliates, and employees from any liability, loss, or expense (including but not limited to reasonable attorneys’ fees and costs) resulting from any third-party claim or proceeding in which it is alleged that any of Your User Content or the use thereof infringes or violates the intellectual property rights, privacy rights, publicity rights, or moral rights of another or is unlawful.

Warranty Disclaimer

WABYLE.COM MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES OR OTHERWISE, AND DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Limitation of Liability

YOU ACKNOWLEDGE THAT WABYLE.COM SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES AND THE SERVICES AVAILABLE THROUGH THE SITES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Links to Third Party Sites

The Sites may contain links to third-party websites or resources. You acknowledge and agree that Wabyle.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wabyle.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of Wabyle.com used herein are trademarks or registered trademarks of Wabyle.com. Any other trademarks, service marks, and trade names are the trademarks or registered trademarks of their respective parties. You will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices appearing on any Content except Your User Content.

If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Sites, please contacts Wabyle.com via our Contact page.