Terms of Use

 

General

This website (the “Website”) is owned, operated and distributed by UTMK Ltd. (“Company”).  By accessing any part of the Website, or any other applications (including mobile applications) made available by COMPANY (COLLECTIVELY, THE “sERVICE”), you are agreeing to the terms and conditions described below (the "Terms of Service"). If you do not agree to any of these terms, YOU SHOULD not use the SERVICE. These Terms of Service apply to all users, including both users who are simply viewing content on the Service and users who are also contributors of content, information, and other materials or services on the Service.

Restrictions on Use.  You may use the Service solely for your personal, noncommercial use.  You agree that you will not:  (a) copy or distribute any part of the Service in any medium without Company’s prior written authorization; or (b) alter or modify any part of the Service in any manner. 

Accounts.  In order to access some features of the Service, you will have to create an account. You may never use another's account without permission. When creating your account, you represent and warrant to Company that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you.  Accordingly, it is extremely important that you keep your password secure.  You agree to notify Company immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.

Assignment.  These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

Age Limitation.  Use of the Service is only available only to individuals who are at least 13 years old. If you are not at least 13 years old, you are not authorized to use the Service.

Changes to Terms of Use.  Company may, at its sole discretion, modify these Terms of Use at any time.  By accessing the Service at any time after such modifications, you are agreeing to such modifications.  These Terms of Use were last modified as of August 30, 2017.

Third Party Content

The Service may contain links to third party websites or services that are not owned or controlled by Company.  You acknowledge and agree that Company has no control over such sites and resources, is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites or services that they may link to (collectively, “Third Party Content”). Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content.

Intellectual Property Rights

Except where otherwise indicated, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by Company.  Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company or (in the case of User Submissions (as hereinafter defined), the owner of such User Submission). Company reserves all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

User Submissions

Content submitted by users for inclusion on the Service is referred to in these Terms of Service as “User Submissions.”  Whether or not such User Submissions are published, they will be subject to these Terms of Use.  Company does not guarantee any confidentiality with respect to User Submissions (whether or not published).  You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize Company to use the User Submissions in the manner contemplated by the Service and these Terms of Service.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Company, you hereby grant Company an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Service.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Company, you hereby grant Company an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Service.

Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Company reserves the right to remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Service for any reason.

Intellectual Property Infringement

 

Company will not tolerate violations of intellectual property rights on the Service.  If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").  To provide Company notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of dmca@ascarnooneelsecansee.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT IS PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY.  COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL COMPANY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Company and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Service.

Code of Conduct for Company Users

You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Company.  In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Service:  (i) abuse, harass, threaten, impersonate or intimidate others; (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user;  (iv) transmit unwanted email or other communications; or (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on Company’s infrastructure; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (viii) bypass any measures Company may use to prevent or restrict access to the Site;  or (ix) participate in any effort that in any way artificially alters the results of any voting or rating mechanism on the Service.

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely based in New York and shall not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal laws of the State of California, without regard to its conflict of laws principles. Any claim or dispute between you and Company that arises in whole or in part from the Service shall be subject to the exclusive jurisdiction of the federal and State courts located in Los Angeles, California. These Terms of Service and any other legal notices published by Company on the Service, constitute the entire agreement between you and Company concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.