United By Culture Media, Inc.
www.unitedbyculturemedia.org
Terms of Service
YOUR ACCEPTANCE
Welcome to www.unitedbyculturemedia.org (the “Site”). The Site and any modifications of the Site are offered to you by United by Culture Media, Inc (“we”, “us”, or “our”), a not-for-profit company with an address of 513 N Grant St., Ste B, Lexington, NE 68850, under the terms and conditions of this Terms of Service Agreement (the “Terms of Service”). Any new features made available to you by us that augment, enhance or modify the current Site will also be subject to the terms and conditions of these Terms of Service. PLEASE READ THE TERMS OF SERVICE CAREFULLY; BY VIEWING, BROWSING, ACCESSING OR USING THIS SITE AUTOMATICALLY OR OTHERWISE, YOU AGREE TO ACCEPT AND BE LEGALLY BOUND BY THE TERMS OF SERVICE, AND REPRESENT TO US THAT YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE. Because the Site is constantly evolving, we may change these Terms of Service occasionally. The changes will appear in an updated version of the Terms of Service appearing on the Site. You are responsible for regularly viewing the Terms of Service. Your subsequent viewing, browsing, accessing or use of the Site constitutes your acceptance of any changes in the Terms of Service.
2. OUR CONTENT AND INTELLECTUAL PROPERTY RIGHTS
A.Content on the Site. The Site may contain or provide information, graphics, images, photographs, icons, designs, news, editorials, weather, critiques, recommendations, tips, press releases, brochures, documents, text, data (including but not limited to accounting, financial, legal, medical, and health and beauty), advertisements, video, audio, music, feeds, services, software technology, and other materials (the “Content”). This Site is solely for your personal, non-commercial use. The Content may be changed, updated or removed without notice. We may also make improvements and/or changes in the products, services and/or programs described in this Content at any time without notice.
B. Our Limited License to You. All of the Content displayed on, transmitted through, or used in connection with the Site, including without limitation, trademarks, service marks and copyrighted materials, are our property or the property of our affiliates or licensors, and are protected by copyright, trademark, patent and other intellectual property laws. You may use the Content only for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content only for your personal, non-commercial use, provided you do not remove or modify any trademark, copyright, or other notices contained in that Content. You may not use the Site or the Content in any way that constitutes an infringement of our or our licensors’ intellectual property rights or a violation of the privacy rights of others or that we have not specifically authorized in writing. You may not modify, copy, reproduce, republish, upload, post, re-post, transmit, translate, sell, create derivative works based upon, exploit, or distribute the Content in any manner or any medium without our written authorization.
3. No Advice.
You acknowledge that (i) no Content or other information, whether oral or written, obtained by you from us or through the Site will create any warranty, and (ii) it is unreasonable to rely on such Content or information without an independent verification. Do not rely on them for decisions that affect your health, property, livelihood, finances or business decisions. No business, accounting, financial, legal, medical or tax advice or counsel is given, nor shall it be deemed to have been given by us. You should always seek the assistance of a professional for advice on these matters.
4. PROHIBITED USES OF THE SITE
You agree that in viewing, browsing, accessing or using the Site, you will not:
a. Restrict others from using the Site;
b. Attempt to gain unauthorized access to the Site or any of its features by means such as hacking, mining, or other means not intentionally made available through the Site;
c. Harvest or otherwise gather other people’s personal information, including names and email addresses, through the Site;
d. Collect Content or other material on the Site using any unauthorized means, including, without limitation, scraping, indexing, “bots,” or other automated methods of gathering content without our express written consent. Notwithstanding the foregoing sentence, unless we indicate otherwise, we grant the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of creating publicly available searchable indices of the materials. We reserve the right to revoke such permission at any time;
e. Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or other material or enforce limitations on use of the Site or any Content or other material therein; and
f. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site
5. THIRD PARTIES
A.Third-Party Web Sites. The Site may include links to Web sites that are owned, operated, or maintained by third parties. A link from this Site to another Web site does not imply an endorsement or sponsorship of that Web site or anything relating to that Web site. We do not control and are not responsible for any content, advertising, products, services or materials offered on or available from third-party Web sites. We are not responsible for the availability of any third-party Web site or any damages you incur or any claims you may have relating to or arising out of a third-party Web site or the content made available on or through it. A third-party Web site may have privacy policies and terms of service that differ from ours, and we have no liability or responsibility for those policies or terms. If you have any questions or concerns about anything relating to another Web site, please direct your questions or concerns to the operator of that Web site.
B. Purchase of Products and Services from Merchants. The Site may allow you to purchase products and services from third-party merchants. When you deal with one of these merchants, you may be subject to its terms and conditions and policies. For information about a merchant, its products, services, privacy policies, and any other applicable terms and conditions, contact that merchant directly or visit that merchant’s Web site. We are not responsible for any damages that you incur or any claims you may have arising out of your purchase or use of any products or services from, or your dealings with or reliance on, third parties through the Site.
6. GENERAL DISCLAIMER
THE SITE, THE CONTENT, THE SUBMISSIONS AND ANY INFORMATION, PRODUCTS AND SERVICES OFFERED OR PROVIDED THROUGH THE SITE OR ANY THIRD-PARTY WEB SITES ACCESSED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR ANY OF ITS FEATURES, FUNCTIONS OR SERVERS THAT MAKE IT AVAILABLE WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, INCLUDING VIRUSES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE, THE CONTENT, THE SUBMISSIONS, OR ANY THIRD-PARTY WEB SITES ACCESSED VIA THE SITE, OR THE RESULTS OF YOUR USE OF THE SITE, THE CONTENT, THE SUBMISSIONS OR ANY THIRD-PARTY WEB SITES, WILL BE CORRECT, ACCURATE, TIMELY, COMPLETE, OR RELIABLE OR WILL MEET YOUR SATISFACTION OR REQUIREMENTS.
The Site is provided for information purposes only and is not intended for commercial use. The Site should not be used in any high-risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.
7. INDEMNITY
You agree to defend, indemnify, and hold us and our parent, subsidiaries, affiliates and our officers, directors, employees, contractors, agents, shareholders, information providers, licensors, and sublicensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of these Terms of Use or claims arising from your use of or reliance on the Site or the Content, (ii) your infringement or violation of any intellectual property right or other right of any person or entity, or (iii) any willful misconduct by you.
8. LIMITATION OF LIABILITY
NEITHER WE, NOR ANY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS AND SUBLICENSEES (“OUR RELATED AFFILIATES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE CONTENT, THE SUBMISSIONS, OR ANY THIRD-PARTY FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR OR OUR RELATED AFFILIATES’ (AS DEFINED HEREIN) AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE, THE CONTENT, THE SUBMISSIONS OR ANY THIRD-PARTY FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (U.S. $50) (WHICHEVER IS LESS). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES. IN SUCH STATES, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, INFORMATION PROVIDERS, LICENSORS AND SUBLICENSEES, IS LIMITED TO THE FULLEST EXTENT PERMITTED UNDER SUCH STATE LAW. WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR UNLAWFUL CONTENT PROVIDED BY, OR CONDUCT OF, ANY USER OR CONTAINED IN THE SUBMISSIONS. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE NOT SATISFIED WITH THE SITE, THE CONTENT, THE SUBMISSIONS, ANY OTHER FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, OR WITH THE TERMS OF SERVICE OR PRIVACY POLICY, IS TO DISCONTINUE USE OF THE SITE.
9. MISCELLANEOUS
A. Termination. We may terminate your right to view, browse, access and/or use the Site or any feature or part of the Site at any time, without notice to you. If we terminate your right to view, browse, access and/or use the Site, or any feature or part of the Site, the restrictions imposed on you with respect to Content downloaded from the Site, the prohibition on certain conduct, the disclaimers, your representations, your indemnity, and the limitations on liability included in these Terms of Service, shall survive such termination.
B. Entire Agreement. These Terms of Service constitute the entire agreement between you and us about the subject matter contained in these Terms of Service and supersede all prior and contemporaneous agreements or other communications (written or oral) between you and us.
C. Governing Law. These Terms of Service and your use of the Site or the Content shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflicts of law provisions. If any proceedings arise out of these Terms of Service or your use of the Site or the Content, the venue for such proceedings shall be in a federal or state court in Nebraska.
D. Statute of Limitation. YOU AGREE THAT ANY CLAIM YOU HAVE ARISING OUT OF OR RELATED TO THIS SITE, THE CONTENT OR ANY SUBJECT MATTER COVERED BY THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, SUCH CLAIM SHALL BE PERMANENTLY BARRED.
E. Severability. If any provision of these Terms of Service is found to be unlawful, void, or otherwise unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Terms of Service shall continue in full force and effect. Any failure of ours to enforce or exercise any provision of this Terms of Service or related right shall not constitute a waiver of that right or provision.
F. Local Law and Export Control. We control and operate this Site from the United States. We make no representation that materials on the Site are appropriate or available for use in any particular location. You acknowledge that you choose to access the Site on your own initiative and are responsible for compliance with any applicable local laws. You acknowledge and agree that the Content is subject to the U.S. Export Administration Laws and Regulations, and that diversion, export, or re-export of the Content contrary to U.S. law is prohibited. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.