Uronimo Terms of Service (Effective Date: February 6, 2010)
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
1. ACCEPTANCE OF TERMS
Trinity Tech Media, Inc. dba Uronimo® (“Uronimo”, “we” or “us”) operates the website located at www.uronimo.com and related websites such as www.uronimo.mobi and www.uronimo.net(each a “Website” and collectively the “Websites”) and provides services that includes the provision of interactive mobile content, such as news alerts, highlights, surveys and quizzes, available online or via SMS or MMS messaging (the “Service”) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at:www.uronimo.com/tos.php
In addition, when using particular owned or operated services, you and Uronimo shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our anti-spam policy) are hereby incorporated by reference into the TOS.
In consideration of your use of the Website(s) and/or the Service, you agree that the TOS form a binding contract between you and Uronimo. Uronimo may also offer other services that are governed by different and/or supplemental Terms of Service.
2. DESCRIPTION OF SERVICE
Uronimo provides users of the Website(s) with access to a collection of online services, including without limitation media search, mobile messaging, and remotely hosted content, which may be accessed through the Internet via any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Websites and/or Service may include advertisements and that these advertisements are necessary for Uronimo to provide the Service. You also understand and agree that the Websites and/or Service may include certain communications from Uronimo, such as service announcements and administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Websites and/or Service (including but not limited to the release of new Uronimo websites, products and services), shall be subject to the TOS. You understand and agree that the Service is provided "AS IS" and “AS AVAILABLE” and that Uronimo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Websites and/or Service, and that access may involve third-party fees (such as Internet service provider or carrier charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Websites and/or Service.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
3.1 FREE ACCOUNTS.
Any entity or any person over age 13 may register for a free account at the Websites. Subject to the provisions of the TOS, each registered user will have unlimited use of the Websites and Service and a free mobile WAP site accessible at username.uronimo.mobi for non-commercial purposes. Subject to the limitations described in Section 3.2 below, each registered user may also use the Websites and Service for specified commercial purposes as follows: (a) direct marketing, (b) sales of products and services, and (c) distribution of mobile content.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Uronimo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Uronimo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
You also agree to: (a) provide true, accurate, and current information about yourself as prompted by the Website and/or Service's registration form (the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate, and current; and (c) cease using the Websites and/or Service if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, or not current, Uronimo has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, Uronimo has the right (but not the obligation) to suspend or terminate your account and refuse any and all current or future use of the Websites and/or Service (or any portion thereof). Uronimo is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be over 13 years old to register and use the Websites and/or Service. Parents of children under the age of 13 who wish to allow their children access to the Websites and/or Service must give their permission to create a user account by giving your manifestation of assent (see section 27 below).
3.2 CORPORATE/ENTERPISE ACCOUNTS.
Corporate/Enterprise accounts have additional value-added features including subaccounts, bulk uploads, customer service, etc. A user must apply for a corporate account if (a) the volume of commercial messages sent by the user is deemed by Uronimo (in its sole discretion) to be a national or major regional marketing campaign or (b) user incorporates third party advertising, marketing, or promotions in user’s messages or content using the Service. Uronimo will provide reasonable notice to the user that the user must apply for a corporate/enterprise account. Uronimo has the right (but not the obligation) to suspend or cancel a user account if a commercial account is not established within a reasonable time or for other reasons pursuant to section 5. As used herein, a “commercial message” is any message determined in Uronimo’s sole discretion to be commercial in nature including but not limited to messages intended as direct marketing and other messages containing text and/or multimedia content to which the message recipients were required to subscribe or opt-in. Further, if user desires to incorporate third party advertising, marketing or promotions in user’s messages or content, such use of the Service are subject to a supplemental revenue sharing agreement. Contact sales@uronimo.com for details.
4. URONIMO PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at www.uronimo.com/privacy.php.
You understand that through your visiting the Webpage(s) and/or use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Uronimo and its affiliates.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Uronimo, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Websites and/or Service. Uronimo does not control the Content posted or transmitted via the Websites and/or Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Websites and/or Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Uronimo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Websites and/or Service.
You also agree to not use the Websites and/or Service to:
(a) send a commercial message to mobile phone numbers unless the recipients have opt-ed in to receive such messages;
(b) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) harm minors in any way;
(d) impersonate any person or entity, including, but not limited to, a Uronimo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Websites and/or Service;
(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
(i) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Websites and/or Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(k) interfere with or disrupt the Websites and/or Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites and/or Service;
(l) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(m) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(n) "stalk" or otherwise harass another; and/or
(o) collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
You acknowledge that Uronimo may or may not pre-screen Content, but that Uronimo and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Uronimo and its designees shall have the right (but not the obligation) to (1) remove any Content that violates the TOS or is otherwise objectionable; (2) to suspend the account of a user that has violated or that Uronimo reasonably believes has violated the TOS; and/or (3) cancel the account of a user who has violated the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content whether created by Uronimo or by third parties, including without limitation information in user comments and in any part of the Website(s) and the Service.
You acknowledge, consent and agree that Uronimo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Uronimo, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Websites, Service and software embodied within the Websites and Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Uronimo and/or content providers who provide content to the Websites and the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. PAYMENT TERMS FOR PREMIUM CONTENT
You may purchase access to premium Content if you provide a form of payment acceptable to both Uronimo and the seller of the premium content. If you purchase premium Content, the credit card (or other form of payment) that you provide will automatically and immediately be billed. All currency references are in U.S. dollars. Unless Uronimo gives notice to the contrary, payments for premium Content are non-refundable.
7. INTERSTATE NATURE OF COMMUNICATIONS
When you register with Uronimo, you acknowledge that in using the Website(s) and Service to send electronic communications (including but not limited to email, search queries, sending messages to recipients, uploading photos and files, and other Internet activities), you will be causing communications to be sent through Uronimo’s computer networks, portions of which are located in California and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Uronimo's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Uronimo does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Uronimo the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of Uronimo.com or other publicly accessible areas of the Websites and/or Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Websites and Service. This license exists only for as long as you elect to continue to include such Content on the Websites and/or Service and will terminate at the time you remove or Uronimo removes such Content from the Websites and/or Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Websites or Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Websites and/or Service comprise those areas of the Websites (including without limitation uronimo.com and/or uronimo.mobi) that are intended by Uronimo to be available to the general public or subgroups of the general public. By way of example, publicly accessible areas of the Websites and/or Service would include portions uronimo.com and uronimo.mobi that are open to registered users and non-registered visitors. However, publicly accessible areas of the Websites and/or Service would not include (a) portions of the Websites that are designated as “Private” by a registered user except that users that you have accepted as a “friend” may have access to your profile and your Content whether or not you designated such Content as “Private”, and (b) communications intended as private such as smtp email or SMS messages you send to specific recipients other than emails or messages that you may send to Uronimo.
10. INDEMNITY
You agree to indemnify and hold Uronimo and its successors, assigns, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Websites and/or Service, your use of the Websites and/or Service, your connection to the Websites and/orService, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or resell, any portion of the Websites and/or Service, use of the Websites and/or Service, or access to the Websites and/or Service. You further agree not to exploit the Websites and/or Service for any commercial purpose other than that which is expressly allowed in Section 3 above.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Uronimo may establish general practices and limits concerning use of the Websites and/or Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Websites and/or Service, the maximum volume of email, text, picture, video, or other messages that may be sent from or received by an account on the Websites and/or Service, the maximum size of any email message that may be sent from or received by an account on the Websites and/or Service, the maximum disk space that will be allotted on Uronimo's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Websites and/or Service in a given period of time. You agree that Uronimo has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Websites and/or Service. You acknowledge that Uronimo reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Uronimo reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
Uronimo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites and/or Service (or any part thereof) with or without notice. You agree that Uronimo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites and/or Service.
14. CANCELLATION
You agree that Uronimo may, under certain circumstances and without prior notice, immediately cancel your user account, any associated email address, and access to the Websites and/or Service. Cause for such cancellation shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Websites and/or Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Websites and/or Service. Cancellation of your user account may include any or all of the following: (a) temporary or permanent removal of access to all offerings within the Websites and/or Service, including but not limited to webmail, messages, blogs, and storefront, (b) deletion of your password and all related information, files and content associated with or inside your user account (or any part thereof), and/or (c) barring of further use of the Websites and/or Service. Further, you agree that all cancellations for cause shall be made in Uronimo's sole discretion and that Uronimo shall not be liable to you or any third party for any cancellation of your account, any associated email address, or access to the Websites and/or Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 advertiser. You agree that Uronimo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
16. OTHER CONTENT
The Service may provide, or third parties may provide, links and interfaces to other World Wide Web sites or resources. Because Uronimo has no control over such sites and resources, you acknowledge and agree that Uronimo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Uronimo 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 such Content, goods or services available on or through any such site or resource.
17. URONIMO 'S PROPRIETARY RIGHTS
You acknowledge and agree that the Websites and Service and any necessary software used in connection with the Websites and Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Uronimo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Uronimo grants you a personal, non-transferable and non-exclusive right and license to access and use its Service via web interfaces authorized by Uronimo; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Websites and/or Service. You agree not to access the Websites and/or Service by any means other than through the interface that is provided by Uronimo for use in accessing the Websites and/or Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITES AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRINITY TECH MEDIA, INC. (DOING BUSINESS AS URONIMO®) AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
URONIMO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITES AND/OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITES AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES AND/OR SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES AND/OR SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES AND/OR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM URONIMO OR THROUGH OR FROM THE WEBSITES AND/OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITES AND/OR SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT URONIMO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF URONIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES AND/OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES AND/OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES AND/OR SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Websites and/or Service concerning companies, stock quotes, investments or securities, please read the above Sections 18 and 19 again which are doubly important for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Websites and/or Service is provided for informational purposes only, and no Content included in the Websites and/or Service is intended for trading or investing purposes. Uronimo and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Websites and/or Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
23. NOTICE
Uronimo may provide you with notices, including those regarding changes to the TOS, by email, text message, regular mail or postings on the Websites and/or Service.
24. TRADEMARK INFORMATION
Uronimo®, U!(TM), the Uronimo logo, and Mobilizer are trademarks and service marks of Uronimo (the "Uronimo Marks"). Without Uronimo's prior permission, you agree not to display or use in any manner the Uronimo Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Uronimo respects the intellectual property of others, and we ask our users to do the same. Uronimo may, in appropriate circumstances and at its discretion, disable and/or cancel the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Uronimo's Copyright Agent the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site;
* 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;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Uronimos Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Uronimo
100 S. Sunrise Way, Ste A #271
Palm Springs, CA 92262
By email: copyright@uronimo.com
26. SUBMISSIONS; USER FEEDBACK
You may from time to time provide ideas, suggestions, comments, bug reports, test reports or any other feedback (collectively, "Feedback") to Uronimo with respect to the about the Websites and/or Service. All Feedback is and shall be given entirely voluntarily. Except as may be provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit to Uronimo or post at the Websites (collectively "Feedback") will be considered confidential or proprietary. All such Feedback becomes the exclusive property of Uronimo, which is entitled to use such Feedback for any purpose without restriction or compensation. By submitting Feedback to Uronimo you specifically agree that: (i) Uronimo, its successors, assigns, suppliers or affiliates may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any product, technology, service, specification or other documentation (collectively, "Uronimo Offerings"); (ii) You grant to third parties the right to install and/or use a Uronimo Offering that incorporates the Feedback; (iii) You also grant third parties, without charge, only those patent rights necessary to enable their products, technologies or services to use or interface with any specific parts of a Uronimo Offering that incorporates the Feedback; and (iv) You will not give Uronimo any Feedback subject to license terms that seek to require any Uronimo Offering that incorporates or is derived from any Feedback, or other Uronimo intellectual property, to be licensed to or otherwise shared with any third party. In addition, you are prohibited from posting or transmitting to or from the Uronimo any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law pursuant to Section 5.
27. GENERAL INFORMATION
General Manifestation of Assent. You hereby represent and warrant that you have read and understand the TOS, are fully familiar with them and, if necessary, have sought independent legal advice to further your understanding of the same.
Parent/Legal Guardian's Manifestation of Assent. A parent or legal guardian of a child/ward under age 13 must give his or her manifestation of assent prior to use of the Service by the child/ward. By creating a user account for your child/ward, you give your permission to create your child's account and you certify that you are at least 18 years old and that you are the parent or legal guardian of the child/children holding the user account. By creating a user account for your child/ward, you also give your child/ward permission to access many areas of the Service, including, text and picture messaging (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
Entire Agreement. The TOS constitutes the entire agreement between you and Uronimo and governs your use of the Service, superseding any prior agreements between you and Uronimo with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Uronimo services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Uronimo shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Uronimo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Riverside County, California. You further agree that all motions and trials (whether bench or jury trial) will be heard before a sitting judge of the courts and not a court-appointed commissioner or judicial officer.
Waiver and Severability of Terms. The failure of Uronimo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction 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 the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your user account is non-transferable and any rights to your user account or contents within your user account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be cancelled and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites and/or Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect. |
