UZOO TERMS OF USE AGREEMENT
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Last modified November 2, 2009
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICES IN ANY MANNER.
UZOO.com (“UZOO” or “we” or “us”) owns and runs various websites, including but not limited to http://www.uzoo.com (the “Site”), through which we offer various services and software (the Site, other websites and the services and software are collectively referred to herein as the “Services”).
This agreement is the official Terms of Use Agreement (the “Terms of Use” or "Agreement") for the Services, and this Agreement applies whether you are accessing the Services via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered.
A. ACCEPTANCE OF THE TERMS By accessing and using the Services, you hereby accept, and agree to be bound by, all terms and conditions of this Agreement. UZOO reserves the right to limit or terminate your access to the Services at any time and for any reason, including for not complying with this Agreement at any time.
You hereby acknowledge and agree that:
1. You are at least 18 years of age (or at least 21 years of age, as may be required in some jurisdictions). The Services are offered and made available only to users 18 years of age. If you are not yet 18 years old or the required greater age for certain features, please discontinue using the Services immediately or if, for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Services immediately because by using or attempting to use the Services, you certify that you are at least 18 years of age and meet any other eligibility requirements of the Services and agree to all terms and conditions of this Agreement.
2. You understand the standards and laws of the community, site and computer that you use to access the Services and acknowledge and agree that you are solely responsible for your actions.
3. If you use the Services in violation of this Agreement, you acknowledge and agree that you may be in violation of local, state, federal or other laws and are solely responsible for your actions.
4. UZOO reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Agreement at any time, with or without notice to you. Please check this Agreement periodically for changes. Your continued use of the Services after the posting of any changes to the Agreement or after our sending of notice of any changes or updated policy to you means that you have accepted those changes.
B. RESTRICTIONS ON USE OF THE SERVICES You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
1. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
3. is illegal;
4. is tortious, defamatory, libelous or invasive of another's privacy or publicity rights;
5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
6. you do not have a right to make available under law or contractual or fiduciary relationships;
7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
8. bears any false, disguised or misleading origin; or
9. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.
UZOO reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove any content in its sole discretion. Notwithstanding the foregoing, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.
C. PROHIBITED ACTIVITIES
You may not use the Services to do any of the following:
1. harass or advocate harassment of another person or entity;
2. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
3. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
4. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
5. transmit unsolicited mass mailings, "spim" or "spam;"
6. collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users; or
7. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
You may not do any of the following to the Services:
1. use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any UZOO server, or the network(s) connected to any UZOO server, or interfere with any other party's use and enjoyment of the Services;
2. disobey any applicable policies or regulations of networks connected to the Services;
3. modify, adapt, translate or reverse engineer the Services
4. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
5. frame the Services or reformat them in any way; or
6. to the extent such functionality is enabled, create user accounts using any automated means or under false pretenses.
Other Prohibited Activities:
You understand that the Services are offered to the public free of charge. If you use the Services to advertise products or services in any way other than pursuant to an advertising or marketing agreement executed by you and UZOO ("Unauthorized Advertising"), UZOO reserves the right to restrict your access to the Services and to contact you about such Unauthorized Advertising.
D. NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR ACTIONS You understand that the Services act only as a technical interface between users and that UZOO does not itself verify the qualifications of users and does not evaluate or control exchanges between users (e.g., any chat or dynamic situation or exchange with another user). Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to UZOO. UZOO cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.
UZOO IS NOT RESPONSIBLE FOR NON-DISPLAY OR INCORRECT DISPLAY OF ANY CONTENT VIA THE SERVICES.
You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.
E. INTERSTATE AND INTERNATIONAL USE You consent to the collection and processing of personal information in the United States regardless of where you are located. All users understand the potential cross-border nature of communications made using the Services and acknowledge that using the Services may result in interstate and international transmission of data.
F. LICENSE AND CONFIDENTIAL INFORMATION
By sending messages or posting information or content to the Services, you automatically grant, and you represent and warrant that you have the right to grant, to UZOO an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
No information or content of any kind that you submit to UZOO, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information.
G. COPYRIGHT AND TRADEMARKS INFORMATION
COPYRIGHT NOTICE: Copyright © 2009 UZOO.com. All Rights Reserved.
UZOO and UZOO.com are trademarks of UZOO LLC. All other marks are the property of their respective holders.
H. COPYRIGHT POLICY In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in an email enables us to most efficiently locate and remove the infringing material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice should be provided to UZOO at the following addresses:
By email: admin@uzoo.com (Attention: Copyright Agent).
With a copy by mail to:
uzoo.com
Attn: Copyright Agent
P.O. Box 230900
New York, New York 10023
I. PRIVACY POLICY UZOO respects your desire for privacy. Our Privacy Policy can be found at http://www.uzoo.com/privacy. By using the Services, you are consenting to the terms and conditions of our Privacy Policy.
J. THIRD PARTY WEB SITES, SERVICES, AND CONTENT The Services may contain links to third-party sites that are not under the control of UZOO. UZOO is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that UZOO endorses or accepts any responsibility for the content on any third-party site.
Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
UZOO is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.
In addition, links to advertising that have not been approved by UZOO may be embedded in third party content displayed on the Services. UZOO is not responsible for any content, cookies, or other technology used in connection with such advertising.
Provisions Relating to Facebook, MySpace and Other Third Party Services:
UZOO users may use or access the Services through different applications on third party websites or services. In addition to the terms and conditions of this Agreement, your use of any third party website or service to use or access the Services is subject to the terms and conditions of those services as well.
K. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES (AND ALL COMPONENTS THEREOF) AND ALL INFORMATION ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND AND UZOO HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, UZOO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then UZOO’s warranties shall be limited in those jurisdictions to the full extent permitted by law.
FURTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL UZOO BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then UZOO’s liability shall be limited in those jurisdictions to the full extent permitted by law.
Except as expressly provided herein, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. UZOO assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.
UZOO may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.
L. INDEMNITY You agree to indemnify, defend, and hold UZOO and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Agreement or Privacy Policy, or your violation of any rights of other users of the Services. Any such indemnification shall include the payment of reasonable attorneys fees incurred in the defense of such claim.
M. TERMINATION OF ACCESS TO UZOO; CONSEQUENCES OF VIOLATION OF THIS AGREEMENT UZOO reserves the right to terminate your privilege to use the Services at any time for any reason. In addition, UZOO shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or this Agreement; (ii) terminate any portion of the Services, and/or remove a user or users or otherwise terminate any use of the Services if UZOO determines in its sole and absolute discretion or UZOO has a good faith concern that such use is unlawful and/or prohibited by this Agreement; and (iii) inform law enforcement of any illegal activity or material UZOO suspects or discovers on, through, or otherwise relating to the Services and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.
N. NOTICES
We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to this Agreement or to the Services. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.
O. ADDITIONAL TERMS The Terms of Use, the Privacy Policy and any applicable guidelines or additional terms posted on the Services constitute the entire agreement between you and UZOO, govern your use of the Services, and supersede any prior agreements between you and UZOO relating to your use of the Services (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy).
If you sign up or register for additional UZOO services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software.
You may not modify or create derivative works of any components of the Services. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Services or other components of UZOO to a human-perceivable form, to the full extent allowed by law.
You may not take any action that (a) creates, or purports to create, any obligation on behalf of UZOO, or (b) grants, or purports to grant, any rights or immunities to any third party under UZOO’s intellectual property rights or its other proprietary rights.
Ownership of the Services and all components resides with UZOO.
UZOO is not liable for any interruptions of the Services, your inability to access the Services, or the discontinuation of the Services, to the maximum extent permitted by law, even if you or your licensors have been informed of such damages.
By accessing the Services you agree that the statutes and laws of the United States and the State of New York, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of New York in the State of New York, USA and you consent to the personal jurisdiction of those courts.
The failure of UZOO to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.
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