1. AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
3. CHANGES TO TERMS OR SERVICES
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 15(e) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. WHO MAY USE THE SERVICES?
(a) Eligibility: You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
(b) Registration and Your Information: If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
(c) Accuracy of Account Information: It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. CONTENT OWNERSHIP, RESPONSIBILITY AND REMOVAL
(a) Definitions: For purposes of these Terms – (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
(b) Our Content Ownership: Umety does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Umety and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
(c) Rights in User Content Granted by You: By making any User Content available through the Services you hereby grant to Umety a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, and publicly display your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
(d) Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Umety on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(e) Rights in Content Granted by Umety: Subject to your compliance with these Terms, Umety grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to view and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
7. RIGHTS AND TERMS FOR APPS
(a) Rights in App Granted by Umety: Subject to your compliance with these Terms, Umety grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device, virtual reality device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
(i) copy, modify or create derivative works based on the App;
(ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party;
(iii) reverse engineer, decompile or disassemble the App; or
(iv) make the functionality of the App available to multiple users through any means. Umety reserves all rights in and to the App not expressly granted to you under these Terms.
(b) Accessing App from App Store: The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store, Google Play, Oculus Store, or Steam) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
These Terms are concluded between you and Umety, and not with the App Provider, and Umety (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Umety.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Umety will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must also comply with all applicable third party terms of service when using the App.
8. GENERAL PROHIBITIONS
You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any Content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror or frame the Services or any individual element within the Services, Umety’s name, any Umety trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Umety’s express written consent;
(c) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Umety or any of Umety’s providers or any other third party (including another user) to protect the Services or Content;
(d) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Umety or other generally available third-party web browsers;
(e) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(f) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
(g) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(h) Impersonate or misrepresent your affiliation with any person or entity;
(i) Violate any applicable law or regulation; or
(j) Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. LINKS TO THIRD PARTY WEBSITES OR RESOURCES
11. WARRANTY DISCLAIMERS
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Umety and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with
(i) your access to or use of the Services or Content,
(ii) your User Content, or
(iii) your violation of these Terms.
13. LIMITATION OF LIABILITY
(a) NEITHER Umety NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Umety OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL Umety’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Umety FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Umety, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Umety AND YOU.
14. GOVERNING LAW AND FORUM CHOICE
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Umety are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Umety each waive any objection to jurisdiction and venue in such courts.
15. DISPUTE RESOLUTION
(a) Mandatory Arbitration of Disputes: We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Umety agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Umety are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out: As limited exceptions to Section 15(a) above:
(i) you may seek to resolve a Dispute in small claims court if it qualifies; and
(ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@Umety.com or by regular mail at 166 Geary St. 15th Floor Suite #122, San Francisco, California 94108, United States within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at http://www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at http://www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Class Action Waiver: YOU AND Umety AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration: Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Umety changes any of the terms of this Section 15 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Umety’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Umety in accordance with the terms of this Section 15 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(g) Severability: With the exception of any of the provisions in Section 15(e) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
16. GENERAL TERMS
(a) Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Umety and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Umety and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Umety’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Umety may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices: Any notices or other communications provided by Umety under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights: Umety’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Umety. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact us at:
Umety Solutions Inc.
166 Geary St. 15th Floor Suite #122,
San Francisco, California 94108, United States
A “Full Member” is an individual 13 years of age or older who has access to and may use the Service.
A “Company Member” is not an individual but an entity that is independent of its owners pursuant to applicable law (“Company”), and may include corporations, limited companies and limited liability companies. Each Company Member may have one or more accounts controlled by the Company, but each individual using a Company Member account must be 18 years of age or older, and must be authorized by the Company to establish, use and control the account on behalf of the Company.
umety does not endorse or vouch for you or any other umety Members, or third parties, or for the information you or they share on the Service. You are responsible for all information that you post or share, and each Member is solely responsible for verifying the accuracy and completeness of any information received via the Service. umety does not verify the identity of Members, thus you are solely responsible for determining the identity and suitability of others who you may choose to share with, contact or communicate with through the Service. umety has the right (but not the obligation), in its sole discretion, to remove or refuse access to the Service to any Member at any time in umety’s sole discretion.
As a condition to your continued use and enjoyment of the Service, you agree to the following rules of the Service:
You may not breach any applicable international, federal, state or local law.
You may not engage in any infringing, tortious, fraudulent, abusive, or harassing conduct.
You may not do anything harmful to umety, its Members and business partners, or any other third party or property.
You may not violate another party’s intellectual property, privacy or other rights.
You may not interfere with the operation, use or enjoyment by any person of the Service, or any other service, system or other property.
Certain portions of the Service and related information may be accessible only to Members or affiliates, service providers, or other business partners of umety, or otherwise may be password restricted. You may not gain or attempt to gain unauthorized access to such portions of the Service or to information contained in any of its restricted sections, to obtain or attempt to obtain confidential, proprietary and/or personal information stored on the Service which you are not authorized to access, to distribute passwords to unregistered or unauthorized Members, or to make any unauthorized use of the Service.
Except for Company Members, your use of the Service is solely for your personal, noncommercial use.
Your use of the Service must be in accordance with all applicable laws, regulations, rules and commonly accepted standards.
You may not copy or distribute any part of the Service (including, but not limited to, other Members ‘Member Submissions, as that term is defined below) in any medium without umety’s prior written authorization.
You may not use the Service to create, develop or promote any person or enterprise, whether or not for profit.
You may not interfere with another’s use of the Service through the posting or transmitting of a virus or other harmful or malicious code or program.
You may not “spoof” or otherwise impersonate any other party, falsely state or otherwise misrepresenting your identity or affiliation in any way, or use an Internet protocol (“IP”) address not assigned to you, forge, delete or alter any part of data packet header or sender identification information in any communication.
You may not harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual (including but not limited to other Members) or property, or provide instruction, information, or assistance in causing or carrying out such violence.
You may not disseminate viruses, Trojan horses, or other malicious code or program with the purpose or effect of damaging, interfering with, intercepting or expropriating any Service-related or third party system, data or information (including, but not limited to, personal information).
You may not use the Service to send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable, all in umety’s sole discretion.
You may not send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
You may not send or receive material containing defamatory, false, or libelous material.
You may not send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity (so make sure you own or have all necessary rights to upload a photo or video!).
You may not post, send, or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships.
You may not engage in conduct that would expose umety or its affiliates or service providers to civil or criminal liability.
You may not use the Service to post, send or otherwise disseminate advertising or any solicitation to any Member or any other third party without their express consent; or to conduct or forward surveys, contests, pyramid schemes, or chain letters.
You may not assist others in engaging in prohibited conduct.
You are solely responsible for and will exercise caution, discretion, common sense and judgment in using and accessing the Service and all content contained therein.
When you sign up to become a registered Member of the Service, you agree to provide only true, accurate and complete registration information, and you shall maintain current and promptly update any relevant personal contact or other information provided by you to umety.
Your access to the Service may require the payment of fees. If you agree to pay any fees, then you will timely pay any required fees and charges. You will not intentionally provide false or inaccurate payment information for such purposes.
Upon creation of a profile on the Service and/or registration to become a Member, your submitted content (each submission individually, and all submissions, collectively, referred to herein as the “Member Submissions”) may be available for viewing by other Members. Notwithstanding the foregoing, however, umety makes no representation or guaranty that your profile or Member Submissions will be viewed by any other Members.
You are solely responsible for the security of your Member name and password and your account. Your login credentials are valid only for use by you. If, at any time, you believe that your account or password is being used by another person, you should notify umety immediately by emailing us at email@example.com, and you should promptly change your password.
You acknowledge and agree that you are responsible for all content posted, published, displayed or transmitted via the Service by you (in your capacity as a Member or otherwise), including, but not limited to, Member Submissions. You may not transmit or otherwise make available on the Service any content or any personal information of any individual or any material protected by copyright, trademark, publicity, privacy or other intellectual property or proprietary right without the express permission of such individual and/or the owner of such rights, as applicable.
umety also reserves the right to disclose data to law enforcement agencies or other authorities who may investigate reports of misuse or abuse of the Service. You understand, acknowledge and agree that you may be exposed to Member Submissions that are inaccurate or otherwise objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against umety now or in the future with respect thereto, and agree to indemnify and hold umety harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
You understand and agree that umety is not required to edit or review any Member Submission. However, you agree that all Member Submissions may be subject to umety’s approval. umety reserves the right, at any time, for any reason, to reject, suspend, cancel or remove content or a Member Submission. umety, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
The Service may provide links or references to other websites maintained by third parties over whom umety has no control. The links and references are provided merely as a convenience and shall not be construed to imply any particular relationship with the third party websites. Similarly, the Service may be accessed from third party links over which umety has no control. umety is not responsible for and lacks control over the accuracy, currency or completeness of any information contained in or on their websites. You waive any claim against umety with respect to third party websites.
If you believe that your work has been copied on the Service, or any of our other systems or networks in a way that constitutes infringement under the U.S. Copyright Act, please provide the following information to umety for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the United States Digital Millennium Copyright Act, please see 17 U.S.C. (512(c)(3)):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send the notice to:
Block A, Sec-68, Noida, UP, 201307, India
You retain any and all ownership in the Member Submissions you provide to and through the Service. By uploading a Member Submission, you grant umety a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up license to use, copy, publish, distribute, create derivative works of, transmit, and display the Member Submissions and derivative works thereof, and to copy, publish and distribute the Member Submissions, including without limitation all personal information included in the Member Submissions, in umety’s marketing and advertising materials of all types and in all formats, via all media, now known or hereafter invented. As noted above, you confirm that you have all rights necessary to grant this license, and you indemnify umety for any claims alleging that (a) you did not have all rights necessary to grant this license, (b) the Member Submissions or any use of the Member Submissions by umety violate the rights of any person, or (c) the Member Submissions or any use of the Member Submissions by umety violate any applicable, law, rule, regulation or policy.
umety retains all ownership in and to the Service, and any software used by umety in providing the Service. Any rights not expressly granted to you herein are reserved by umety. You acknowledge that the Service and the software used by umety in providing the Service contain umety proprietary and confidential information. You may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, reproduce in whole or in part, display (except as necessary to exercise your rights hereunder), sublicense, or transfer the Service, any information contained therein, or any software used in providing the Service, without the prior written permission of umety.
The following are trademarks and service marks (“Marks”) of umety: umety and the umety logo and website design. Use of any umety Marks, or other umety trade names or logos is prohibited, unless expressly authorized in writing in advance by umety. All use of the umety Marks and the goodwill developed thereby shall be for the sole benefit of umety.
You represent and warrant to umety that:
a ) you are at least 13 years of age.
c ) all files, data, text, and other information you have provided or may provide to umety or through the Service are and shall be, to the best of your knowledge, complete and accurate.
d ) you own, or are otherwise lawfully authorized to use, any files, data, text, or other information that you may transmit to or through the Service or to other Members of the Service
e ) that any use of the files, data, text, or other information supplied by you to us or to any other Member does not violate any copyrights or other third party rights and will not cause injury to any person or entity.
f ) you will timely pay to umety any fees and charges that you agree to pay for using the Service, and you will not intentionally provide false or inaccurate payment information for such purposes.
g ) any action you undertake that is related to your use of the Service, including but not limited to posting information to the Service and receiving and/or relying on information posted to the Service by others (i) will not breach any agreements you have entered into with any other person or legal entity; (ii) will be in compliance with all applicable laws; and (iii) will not conflict with the legal rights, including but not limited to the intellectual property rights, of any other person or legal entity.
h ) you have and will maintain and/or secure, as necessary, throughout your use of or access to the Service, all rights, authorizations, consents and licenses that are required with respect to, and in order to submit, your Member Submissions to the Service and to permit umety to post such content, perform its services and provide access and use of the Service as contemplated now or in the future.
i ) you have obtained all necessary publicity releases, consents and/or permission of each and every identifiable individual person in any Member Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Member Submissions in the manner contemplated herein.
YOU ACKNOWLEDGE AND AGREE THAT umety IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED BY YOU OR BY ANY OTHER MEMBERS ON THE SERVICE OR SHARED OR MADE AVAILABLE BY ANY OTHER MEANS, OR FOR THE STANDARD OF CARE, IF ANY, EXERCISED BY ANY PERSON WITH WHOM YOU CHOOSE TO SHARE INFORMATION. SIMILARLY, YOU ARE RESPONSIBLE FOR ANY INFORMATION YOU OFFER TO OTHERS, AS WELL AS ALL OTHER ACTIONS OR OMISSIONS. UNDER NO CIRCUMSTANCES WILL umety BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF ANY CONTENT OR OTHER INFORMATION POSTED OR TRANSMITTED THROUGH OUR SERVICE, PROVIDED BY THIRD PARTIES, OR TRANSMITTED BETWEEN OR AMONG MEMBERS. YOUR ACCESS TO AND USE OF OUR SERVICE IS AT YOUR OWN RISK. BY USING THE SERVICE, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS BY OTHER MEMBERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR MEMBERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM, AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM, umety WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT umety DOES NOT CONDUCT BACKGROUND CHECKS ON ANY MEMBER. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND PERFORMANCE IS WITH YOU. umety DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR FITNESS OF RESULTS, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, umety DISCLAIMS ANY WARRANTY FOR SECURITY, OPERABILITY, OR PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, umety DISCLAIMS ANY WARRANTY FOR ANY INFORMATION POSTED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. umety MAKES NO WARRANTY WITH RESPECT TO THE FITNESS OF ANY MEMBER OR ANY MEMBER’S ABILITY TO MEET THE TERMS OF A TRANSACTION. YOU ACKNOWLEDGE AND AGREE THAT THE DESCRIPTIONS OF THE SERVICE PROVIDED BY umety, WHETHER THROUGH THE SERVICE OR OTHERWISE, ARE NOT A PART OF THE TERMS OF SERVICE. umety IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM OR DAMAGES TO OR CAUSED BY ANY MEMBER, OR ANY THIRD PARTY, OR FOR ANY OTHER REASON. umety DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR ANY MEMBER SUBMISSION APPEARING ON THE SERVICE.
IN NO EVENT SHALL umety OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, ASSIGNS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, ANY MEMBER SUBMISSION, POSTING OR COMMUNICATION BY ANY MEMBER OR THIRD PARTY, WHETHER OR NOT MADE AVAILABLE THROUGH THE SERVICE. IN NO EVENT SHALL umety’S TOTAL LIABILITY TO YOU UNDER THESE TERMS OR THE AGREEMENTS EXCEED ONE HUNDRED DOLLARS (USD $100.00). THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN umety AND YOU. THIS SECTION SHALL NOT APPLY TO BREACH OF CONFIDENTIALITY OF STUDENT INFORMATION PROVISIONS, NOR INDEMNIFICATION PROVISIONS
Further, you agree not to hold umety responsible for any action, inaction, omission, or misstatement by other Members or third parties from or through the Service.
From time to time, you may have the opportunity on the Service to pay for access to premium content (the “Premium Services”). In order to take advantage of a Premium Service, you must first provide valid payment information to umety. We permit the following payment methods: checking accounts, wire transfers, and PayPal from Members desiring to receive payments from umety, and any of those payment methods or a debit or credit card for Members desiring to pay for a Premium Service. You may choose not to provide payment information, but in that case you will not be able to access any Premium Services. All payments for Premium Services are final and non-refundable, and upon any termination of your account, you will not receive any refund for any sums that you paid us prior to termination.
You acknowledge and agree that use of the Service requires third party equipment and software (collectively, the “Third Party Components”) that must be provided by you. The Third Party Components include, without limitation, the following: a computer, a connection to the internet, operating system software, and a web browser (the necessary version of any of the foregoing may be designated by umety from time to time). umety SHALL HAVE NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE THIRD-PARTY COMPONENTS.
All questions, comments and legal notices should be submitted to:
Block A, Sec-68, Noida, UP, 201307, India
Your premium subscription purchase is not returnable or refundable after purchase.