- GENERAL
TERMS AND CONDITIONS
Welcome to UNImations.com., owned and produced by
ForceVFXcom, and its subsidiary and affiliates, successors, and
assigns (collectively referred to as "UNImations.com").
UNImations.com currently consists of various web pages at or
linked to the URL .http://www.unimations.com,
collectively referred to as the "UNImations.com" which
may expand or change from time to time. Unless explicitly stated
otherwise, any new Products and Services (as defined below),
including the addition of new UNImations.com properties
shall be subject to these Terms and Conditions.
UNImations.com
makes available a variety of products and services through the
UNImations.com Site (collectively, the "Products and
Services") subject to these General Terms and Conditions
("Terms and Conditions"). In addition, there are a
variety of special products and services offered through the
UNImations.com Site that have separate registration
procedures and separate terms and conditions, terms of service,
user agreements, or a similar legal agreement. When you are using
any service or product on the UNImations.com Site that does
not have a separate legal agreement, the Terms and Conditions set
forth here will apply. UNImations.com also may supplement the
Terms and Conditions with posted guidelines or rules applicable
to specific areas of the UNImations.com Site. In addition, the
UNImations.com Site also may offer other services from time
to time that are governed by the terms of service of the
respective service partners.
Because the Terms and
Conditions contain legal obligations, please read them carefully.
Please direct any legal questions to:
General
Counsel UNImations.com. info@unimations.com
The
Terms and Conditions contain a variety of provisions that are
generally applicable to the Products and Services and some
provisions that apply to particular Products and Services. The
following is a list to the various provisions in the Terms and
Conditions. The headings contained in these provisions, and
reflected in these links, however, are solely for your
convenience and have no legal import. While this list of links
may help you locate particular provisions, you should understand
that you will be bound by the entire Terms and Conditions.
1.
ACCEPTANCE By
using the Products and Services, you agree, without limitation or
qualification, to be bound by, and to comply with, these Terms
and Conditions and any other posted guidelines or rules
applicable to UNImations.com web site, Product or Service.
All such guidelines and rules are hereby incorporated by
reference into the Terms and Conditions.
2.
CONDITIONS AND RESTRICTIONS ON USE Use
of the Products and Services is subject to compliance with these
Terms and Conditions. You acknowledge and agree that
UNImations.com may terminate your access to the UNImations.com
Site or to any of the Products and Services should you fail to
comply with the Terms and Conditions or any other guidelines and
rules published by UNImations.com. Any such termination shall be
in UNImations.com's sole discretion and may occur without prior
notice, or any notice. UNImations.com further reserves the right
to terminate any user's access to the UNImations.com site or to
any of the Products and Services for any conduct that
UNImations.com, in its sole discretion, believes is or may be
directly or indirectly harmful to other users, to UNImations.com
or its subsidiaries, affiliates, or business contractors, or to
other third parties, or for any conduct that violates any local,
state, federal, or foreign laws or regulations. UNImations.com
further reserves the right to terminate any user's access to the
UNImations.com site or to any of the Products and Services for
any reason or for no reason at all, in UNImations.com's sole
discretion, without prior notice, or any notice.
In order
to use the Products and Services, users must have access to the
World Wide Web and must navigate the Internet to
http://www.unimations.com or another of the URLs associated with
the UNImations.com Site. Be aware that the majority of the
UNImations.com site is for general audiences.
UNImations.com
does not discriminate on the basis of age, gender, race,
ethnicity, nationality, religion, sexual orientation, or any
other protected status.
3.
REGISTRATION AND PRIVACY Certain
of the Products and Services will require the user to register
and provide certain data. In consideration for use of such
Products and Services, in registering and providing such data,
you represent and warrant that: (a) the information about
yourself is true, accurate, current, and complete (apart from
optional items) as required by various UNImations.com
registration forms ("Registration Data") and (b) you
will maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or
incomplete, or UNImations.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or
incomplete, UNImations.com has the right to suspend or terminate
your account and refuse any and all current or future use of the
Products and Services.
All UNImations.com
registrations become the exclusive property of UNImations.com,
its affiliates and subsidiaries. UNImations.com reserves the
right to use and reuse all registration and other personally
identifiable user information subject to the UNImations.com
Privacy Policy. Users may edit, update, alter or obscure their
personally identifiable information at any time by following the
instructions located in the UNImations.com Privacy Policy
and at The UNImations.com site.
4.
RESPONSIBILITY FOR MINORS In
cases where you have authorized a minor to use the Products and
Services, you recognize that you are fully responsible for: (i)
the online conduct of such minor; (ii) controlling the minor's
access to and use of the Products and Services; and (iii) the
consequences of any misuse by the minor.
5.
MEMBER AND USER CONDUCT Upon
registering, you will receive a password and UNImations.com
ID. You are responsible for maintaining the confidentiality of
the password and ID, and are fully responsible for all activities
that occur under your password or ID. You agree to (a)
immediately notify UNImations.com 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. The UNImations.com Site cannot and will not be liable
for any loss or damage arising from your failure to comply with
this requirement.
You acknowledge and agree that all
information, code, data, text, software, music, sound,
photographs, pictures, graphics, video, chat, messages, files, or
other materials ("Content"), published by the
UNImations.com site are the property of UNImations.com. The
UNImations.com site does not control the end user or third
party Content posted via the Products and Services, and, as such,
does not guarantee the accuracy, integrity or quality of such
user or third party Content. Under no circumstances will
the UNImations.com be liable in any way for any user or
third party Content, including, but not limited to, for any
errors or omissions in any such Content, or for any loss or
damage of any kind incurred as a result of the use of any such
Content posted, emailed or otherwise transmitted via the Products
and Services. As a general matter, UNImations.com does not
pre-screen user or third party Content posted on the
UNImations.com Site, except for certain areas where
UNImations.com employs certain automated screening software,
although UNImations.com reserves the right to do so.
UNImations.com does not guarantee that any screening will be done
to your satisfaction or that any screening will be done at all.
UNImations.com reserves the right to monitor some, all, or no
areas of the Products and Services for adherence to these Terms
and Conditions or any other rules or guidelines posted by
UNImations.com.
Prohibited
Conduct
You
agree that you will not use UNImations.com Products and
Services to:
Upload, post, email, otherwise
transmit, or post links to any Content, or select any member or
user name or email address, that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, pornographic, libelous, invasive of privacy or publicity
rights, hateful, or racially, sexually, ethnically or otherwise
objectionable.
Upload,
post, email, otherwise transmit, or post links to any Content
that promotes illegal activity, including without limitation the
provision of instructions for illegal activity.
Upload,
post, email, otherwise transmit, or post links to any Content
that exploits the images of children under 18 years of age, or
that discloses personally identifying information belonging to
children under 18 years of age.
Harm
minors in any other way.
Make
any sexual request on behalf of a minor or make any sexual
request of a minor.
"Stalk"
or otherwise harass another.
Collect
or store personally identifying information about other users for
commercial or unlawful purposes.
Impersonate
any person or entity, including, but not limited to, a
UNImations.com official, employee, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with
a person or entity.
Employ
misleading email addresses or falsify information in the header,
footer, return path, or any part of any communication, including
emails, transmitted through the Products and Services.
Upload,
post, email, otherwise transmit, or post links to any Content
that you do not have a right to transmit under any law or
regulation or under contractual or fiduciary relationships (such
as inside information, or proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
Upload,
post, email, or otherwise transmit, or post links to any Content
that facilitates hacking.
Upload,
post, email, otherwise transmit, or post links to any Content
that infringes any patent, trademark, service mark, trade secret,
copyright or other proprietary rights ("Rights") of any
party, or contributing to inducing or facilitating such
infringement. This prohibition shall include, without limitation,
the following forms of software piracy:
Making
available copyrighted software or other Content that has had the
copyright protection removed.
Making
available serial numbers for software that can be used to
illegally validate or register software.
Making
available tools that can be used for no purpose other than for
"cracking" software or other copyrighted Content.
Making
available any software files for which the user does not own the
copyright or have the legal right to make available.
Upload,
post, email, otherwise transmit, or post links to any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those
areas that are designated for such purpose.
Upload,
post, email, otherwise transmit, or post links to any material
that contains software viruses, worms, trojan horses, time bombs,
trap doors or any other computer code, files or programs or
repetitive requests for information designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or to diminish the
quality of, interfere with the performance of, or impair the
functionality of the Products and Services or the UNImations.com
Site.
Use
automated means, including spiders, robots, crawlers, or the like
to download data from any UNImations.com database.
Conduct
your own contests and promotions.
Modify,
publish, transmit, transfer or sell, reproduce, create derivative
works from, distribute, perform, link, display or in any way
exploit any Content from any UNImations.com database, including,
without limitation, by incorporating data from any UNImations.com
database into any e-mail or "white pages" products or
serviced, whether browser-based, based on proprietary client-site
applications, web-based, or otherwise.
Sell,
distribute, or make any commercial use of data obtained from any
UNImations.com database or make any other use of data from any
UNImations.com database in a manner which could be expected to
offend the person for whom the data is relevant.
Create
and maintain a UNImations.com web page (including, but not
limited to, a UNImations.com site or ) that (i) redirects to
another web page or (ii) stores or hosts content for remote
loading by other web pages. For example, you cannot create a
UNImations.com site, post pictures to the UNImations.com site,
and have other web pages call the UNImations.com site page to
retrieve those pictures.
Create
and maintain a UNImations.com web page that contains
hyperlinks to content not permitted on the UNImations.com site .
Disrupt
the normal flow of dialogue in a chat room, cause a screen to
"scroll" faster than other users of the Products and
Services are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges.
Interfere
with or disrupt the Products and Services or servers connected to
the Products and Services, or disobey any requirements,
procedures, policies or regulations connected to the Products and
Services, including without limitation UNImations.com Chat rooms.
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.
Use
the Products or Services to sell, purchase, or offer to sell or
purchase any registered or unregistered securities.
Upload,
post, email, otherwise transmit, or post links to any material
that is false, misleading, or designed to manipulate any equity,
security, or other market.
Disobey
any UNImations.com Chat hosts or other UNImations.com employee or
representative or interfere with any action by any UNImations.com
Chat host or other UNImations.com employee or representative to
redress any violation of these Terms and Conditions.
Use
any software deployed in connection with the Products and
Services to process data as a service to other entities without
the express written consent of UNImations.com or the party from
whom such software may be licensed.
Decompile,
disassemble, modify, translate, adapt, reverse engineer, create
derivative works from, or sublicense any software deployed in
connection with the Products and Services.
Advertise,
offer for sale, or sell any item you are prohibited from
advertising or selling by any applicable local, state, national,
or international law, including regulations having the force of
law.
Upload,
post, email, otherwise transmit, or post links to any material,
or act in any manner, that is offensive to the UNImations.com
community or the spirit of these Terms and Conditions.
Advertise, offer for sale,
or sell any items:
You acknowledge and agree that
the UNImations.com Site and its designees shall have the
right (but not the obligation), in their sole discretion, to
refuse to publish, remove, or block access to any Content that is
available via the Products and Services at any time, for any
reason, or for no reason at all, with or without notice. Without
limitation UNImations.com and its designees shall have the right
(but not the obligation), in their sole discretion, to refuse to
publish, remove, or block access to any Content that violates the
Terms and Conditions or is otherwise objectionable as determined
by UNImations.com, in its sole discretion. UNImations.com may also
terminate access to, or membership in, the UNImations.com
NurseTracker, or any portion thereof, for violating these Terms
and Conditions. You acknowledge and 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 created by or obtained through the
use of the UNImations.com Site, including without limitation
information in Chat, Message Boards, and in all other parts of the
UNImations.com Sites Products and Services, Except NurseTracker
which will be applicable to it's own contract stipulations.
You
expressly acknowledge and agree that the UNImations.com site may
preserve Content and may also disclose Content if required to do
so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the Terms and Conditions; (c) respond to
claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of
UNImations.com, its users and the public. You acknowledge and
agree that the technical processing and transmission of the
Products and Services, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting to networks or
devices. You further acknowledge and agree that other data
collected and maintained by UNImations.com with regard to its
users may be disclosed in accordance with UNImations.com's
Privacy Policy.
UNImations.com also may suspend or
terminate any user account for any Product or Service because of
user inactivity. For example, a UNImations.com NurseTracker
account may be terminated or suspended if a user fails to sign-in
to the UNImations.com NurseTracker for an extended period of time;
please see the UNImations.com NurseTracker Help section for more
information regarding UNImations.com NurseTracker policies
concerning account termination. What is considered "user
inactivity" varies depending on the Product or Service. If
one of your accounts is suspended or terminated for inactivity,
your right to use such Product or Service immediately ceases.
6. DISCLAIMER OF WARRANTIES UNImations.com
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE
FULLEST EXTENT PERMITTED BY LAW, UNImations.com DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES
OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
UNImations.com SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT UNImations.com DISCLAIMS ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR
AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND
SERVICES. UNImations.com DISCLAIMS ANY RESPONSIBILITY FOR THE
DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF
ANY INFORMATION OR MATERIAL. UNImations.com DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM
DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE
PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM
CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. UNImations.com MAKES NO WARRANTY REGARDING THE
RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE
FACILITIES OFFERED BY UNImations.com.
YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do
not allow the disclaimer of implied warranties. In such
jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
7.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND
AGREE THAT UNDER NO CIRCUMSTANCES SHALL UNImations.com BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND
RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF
LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF UNImations.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS
AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY
THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR
RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES,
AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR
MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, THE UNImations.com . SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO
APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF,
FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES
OR OTHER CONTENT STORED THROUGH OUT THE UNImations.com site .
UNDER NO CIRCUMSTANCES SHALL UNImations.com BE HELD LIABLE
FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT
FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES,
STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES,
SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS,
EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD
PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR
CONDITIONING.
In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, the foregoing
limitation may not apply to you.
8. REMOVAL OF
LINKS REMOVAL OF LINKS The UNImations.com site occasionally
receives requests from people to remove links from the
UNImations.com services. Although the UNImations.com
reserves the right to address such requests individually, the
general approach that the UNImations.com takes reflects the
following principles: The catalogs and databases used in
connection with the UNImations.com services consist of
information that has been identified, indexed and compiled through
an automated process with no advance review by human beings. Given
the volume of web site information added, deleted, and changed on
a frequent basis, the UNImations.com site cannot and does not
screen anything made available through the UNImations.com
services' catalogs and databases. In other instances, the
UNImations.com makes available directories, indices, and
references consisting of content that has been identified,
indexed, and compiled by humans. Furthermore, some of the catalogs
and databases that can be searched in the UNImations.com Site
are compiled by third parties through automated processes. For
each web site reflected in the UNImations.com search
services' catalogs and databases, if either (i) a site owner
restricts access to his or her web site or (ii) a site is taken
down from the web, then, upon receipt of a request by the site
owner in the first instance, and either the site owner or a third
party in the second instance, the UNImations.com would
remove the link to that site the catalogs and databases or will
pass the request along to any third party compiler of the catalog
or database However, if the operator of the site does not take
steps to prevent it, the automatic facilities used to create the
catalogs and databases are likely to find it and index it again in
a relatively short amount of time.
9. DISCLAIMER
REGARDING THIRD PARTY CONTENT The UNImations.com site
offers access to numerous third party web pages and content
available over the Internet. In overwhelming majority instances,
including, but not limited to, sites displayed or contained within
a directory of links, UNImations.com has no control whatsoever
over the content of such sites. In other instances, including, but
not limited to, web pages hosted on the UNImations.com site
or provided to UNImations.com by third parties,
UNImations.com may set guidelines for what may appear on such web
pages and may engage in certain screening, but generally exercises
no control over the content of such web pages and is unable to
police all such content. Third party content accessible through
the UNImations.com site from such sources is developed by people
over whom the UNImations.com exercises no control. The
results that appear from the catalogs by the UNImations.com 's
database, and the UNImations.com site cannot and does not
screen the sites before including them in the catalogs from which
such results are gathered. Accordingly, the UNImations.com
site assumes no responsibility for the content of any site
included in any links or otherwise linked to the UNImations.com
web sites or in any web page hosted for a third party within the
UNImations.com site. In instances where the UNImations.com site
does review the sites that are displayed in directories, indices,
and/or references, or where the UNImations.com Site makes
available directories, indices, and/or references of sites
compiled by third parties, the content located at such sites was
developed by third parties, and review of such sites by
UNImations.com, if any, is narrowly limited to that which is
necessary for compiling the particular set of links.
10.
STORAGE Many features of UNImations.com stores
information on behalf of users. Examples include, but are not
limited to, email messages, web pages, message boards, and
postings on UNImations.com NurseTracker. UNImations.com reserves
the right, in its sole discretion, to limit the amount of storage
space available per user or to delete materials stored for an
excessive period while the user's account has been inactive.
Specifically, UNImations.com reserves the right, in its sole
discretion, to delete any materials (including emails) stored in
connection with a UNImations.com Site or account if the user's
account has been inactive for ninety (90) days.
11.
UNImations.com COMMUNITIES GUIDELINES - CHAT AND MESSAGE
BOARDS Users of the UNImations.com Communities, which
includes all UNImations.com chat and message boards are
expected to adhere to the guidelines below and are expected not to
engage in any of the Prohibited Conduct described above. Any user
failing to comply with these Terms and Conditions may be expelled
from a chat room or a message board by a UNImations.com moderator
or host, and UNImations.com may terminate or restrict such user's
UNImations.com accounts. In addition, UNImations.com may
remove any Content that violates these Terms and Conditions or is
otherwise objectionable, in UNImations.com's sole discretion. No
child under the age of 13 may participate in UNImations.com
Communities, including all chat or message boards offered
throughout the UNImations.com site.
Please read all the
Prohibited Conduct described above before using the UNImations.com
Communities' services, and keep in mind the following when using
the UNImations.com Communities' services:
All
information you submit in registering must be true, accurate,
current, and complete (apart from optional items).
Do
not upload, post, email, otherwise transmit, or post links to any
Content, or select any member or user name or email address, that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, libelous, invasive of
privacy or publicity rights, hateful, or racially, sexually,
ethnically or otherwise objectionable.
Do
not stalk or otherwise harass other users.
Do
not upload, post, email, otherwise transmit, or post links to any
Content that promotes illegal activity, including without
limitation the provision of instructions for illegal activity.
Do
not upload, post, email, otherwise transmit, or post links to any
Content that exploits the images of children under 18 years of
age, or that discloses personally identifying information
belonging to children under 18 years of age.
Do
not impersonate any person or entity, including, but not limited
to, a UNImations.com official, employee, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation
with a person or entity.
Do
not upload, post, email, otherwise transmit, or post links to any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose
Do
not disrupt the normal flow of dialogue in a chat room, cause a
screen to "scroll" faster than other users of the
Products and Services are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in
real time exchanges.
Do
not disobey any UNImations.com Chat hosts, moderators, or other
UNImations.com employee or representative or interfere with any
action by any UNImations.com Chat host or other UNImations.com
employee or representative to redress any violation of these
Terms and Conditions.
Do
not access any UNImations.com Communities' service after your
account or access has been terminated by UNImations.com.
Do
not upload, post, email, or otherwise transmit, or post links to
any Content that facilitates hacking.
Do not interfere with or
disrupt the Products and Services or servers or databases
connected to the Products and Services, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Products and Services, including without
limitation UNImations.com Chat hosts.
Violations
of these Terms and Conditions in connection with the use of
UNImations.com Communities should be reported to:
Community
Manager UNImations.com. info@unimations.com
12.
ADVERTISERS AND
CONTENT LINKED TO THE UNImations.com
UNImations.com
may provide, or third parties may provide, links to other sites or
resources located on the World Wide Web by allowing a user to
leave the UNImations.com site to access third-party material or by
bringing the third party material into this site via "inverse"
hyperlinks and framing technology. UNImations.com has no control
over such sites and resources. You acknowledge and agree that
UNImations.com 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 UNImations.com 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.
Your correspondence
or business dealings with, or participation in promotions of,
advertisers found on or through the UNImations.com Products
and 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 advertiser. You agree that UNImations.com 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 Product and Services.
UNImations.com encourages you to exercise discretion while
using the Products and Services to browse the Internet.
UNImations.com makes no representations concerning any effort to
review the content of any of the sites listed in the Links, or
other directories, or of any of the sites otherwise linked to the
UNImations.com web site. UNImations.com shall not be held
responsible for the accuracy, copyright or trademark compliance,
legality, or decency of material contained in sites listed in the
UNImations.com ' sites links section or provided to the
UNImations.com by third parties.
13.
THE UNImations.com LOGO.
Linking to the
UNImations.com site. The UNImations.com Site offers a
non-assignable, non-transferable, and non-exclusive license to
link to the UNImations.com's web site, using the UNImations.com
logos , subject to the following provisions. The UNImations.com
logos may be placed on a Web site for the sole purpose of
creating a link to the UNImations.com and allowing users of
your site to access the Products and Services on the
UNImations.com Site. The UNImations.com logos may not
be used for any other purpose, including, among other purposes,
to suggest sponsorship by, or affiliation with, or endorsement by
the UNImations.com . The UNImations.com logos may
only be used in the exact size, shape, colors, design, and
configuration as found on those web pages. The UNImations.com
logos may not be altered in any manner. The UNImations.com
logos must appear by themselves, with reasonable spacing
(at least the height of the logo) between each side of the
applicable logo and other graphic or textual elements. The
UNImations.com logos may not be used to disparage the
UNImations.com site, its products or services, or in a manner
which, in UNImations.com's reasonable judgment, may diminish or
otherwise damage UNImations.com's good will in the UNImations.com
site. By using any such UNImations.com logo, you
acknowledge that UNImations.com has exclusive rights to the
logo and that all good will generated through your use of
the logo will inure to the benefit of the UNImations.com site. If
you use the UNImations.com logos, you must include
appropriate attribution, for example: "UNImations.com"
is licensed to UNImations.com. UNImations.com reserves the right
to revoke this license or to alter its terms from time to time,
for any or no reason, with or without notice. UNImations.com
reserves the right to take action against any use that does not
conform to these provisions.
Permissions If
you would like permission to use any UNImations.com logo,
screen shot, copyrighted design, or other brand feature, then
please contact us info@unimations.com
Approved
UNImations.com logos may be downloaded and used to
link to the UNImations.com without specific, written permission.
14.
LICENSE; INTELLECTUAL PROPERTY OF UNImations.com AND OTHERS The
Products and Services shall be construed as conferring a license
under any of the UNImations.com 's Products and Services.
Without limiting the generality of the foregoing, you acknowledge
and agree that certain Content available through and used to
operate the UNImations.com site and the Products and Services is
protected by copyright, trademark, or other proprietary rights of
UNImations.com and its affiliates. Except as expressly provided to
the contrary, you agree not to modify, alter, or deface any of the
trademarks, service marks, or other intellectual property made
available by UNImations.com in connection with the Products and
Services. You agree not to hold yourself out as in any way
sponsored by, affiliated with, or endorsed by UNImations.com, any
of UNImations.com' s affiliates, or any of UNImations.com's
service providers. You agree not to use any of the trademarks or
service marks or other Content accessible through the
UNImations.com of any purpose other than the purpose for which
such Content is made available to users by UNImations.com. You
agree not to defame or disparage UNImations.com, the trademarks or
service marks of UNImations.com, or any aspect of the Products and
Services. You agree not to adapt, translate, modify, decompile,
disassemble, or reverse engineer the Products and Services or any
software or programs used in connection with the Products and
Services of the UNImations.com site.
15. INDEMNITY AND
RELEASE By using the UNImations.com web site you agree to
indemnify UNImations.com, Inc. and its parents, subsidiaries,
affiliates, officers, and employees and hold them harmless from
any and all claims and expenses, including attorney's fees,
arising from your use of the UNImations.com web site, your use of
the Products and Services, or your submission of ideas and/or
related materials to UNImations.com or from any person's use of
any account or password you maintain with any portion of the
UNImations.com site, regardless of whether such use is authorized
by you. By using the UNImations.com site, using the Products and
Services, or submitting any ideas and/or related materials to
UNImations.com, you are hereby agreeing to release UNImations.com
and its parents, subsidiaries, affiliates, officers, and employees
from any and all claims, demands, debts, obligations, damages
(actual or consequential), costs, and expenses of any kind or
nature whatsoever, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, that you may have against
them arising out of or in any way related to such disputes and/or
to the Products and Services or to any disputes regarding use of
ideas and/or related materials submitted to UNImations.com. YOU
HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH
RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
16. LIMITATION OF ACTIONS You acknowledge and
agree that, regardless of any statute or law to the contrary, any
claim or cause of action you may have arising out of, or relating
to, your use of the UNImations.com site or the Products and
Services must be filed within one (1) year after such claim or
cause of action arises, or forever be barred.
17.
COPYRIGHT AND TRADEMARK All marks that appear throughout
the Products and Services belong to UNImations.com, members of the
UNImations.com site , or the respective owners of such marks, and
are protected by U.S. and international copyright and trademark
laws. Any use of any of the marks appearing throughout the
Products and Services without the express written consent of
UNImations.com or the owner of the mark, as appropriate, is
strictly prohibited.
18. INTELLECTUAL PROPERTY
INFRINGEMENT CLAIMS It is the policy of the
UNImations.com Site to respond expeditiously to claims of
intellectual property infringement. UNImations.com will promptly
process and investigate notices of alleged infringement and will
take appropriate actions under the Digital Millennium Copyright
Act ("DMCA") and other applicable intellectual property
laws. Upon receipt of notices complying or substantially complying
with the DMCA, the UNImations.com site will act expeditiously to
remove or disable access to any material claimed to be infringing
or claimed to be the subject of infringing activity and will act
expeditiously to remove or disable access to any reference or link
to material or activity that is claimed to be infringing. The
UNImations.com site will terminate access for subscribers and
account holders who are repeat infringes. Notices of claimed
infringement should be directed to:
UNImations.com.
info@unimations.com
Please put "Notice of
Infringement" in the subject line of all such notifications.
When UNImations.com removes or disables access to any material
claimed to be infringing, UNImations.com may attempt to contact
the user who has posted such material in order to give that user
an opportunity to respond to the notification, although
UNImations.com makes no promise to do so. Any and all counter
notifications submitted by the user will be furnished to the
complaining party. UNImations.com will give the complaining party
an opportunity to seek judicial relief in accordance with the DMCA
before UNImations.com replaces or restores access to any material
as a result of any counter notification.
19.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES Unless
expressly stated to the contrary elsewhere within the Products and
Services, all legal issues arising from or related to the use of
the Products and Services shall be construed in accordance with,
and all questions with respect thereto shall be determined by, the
laws of California State, applicable to contracts entered into and
wholly to be performed within said state. Any controversy or claim
arising out of or relating to these Terms and Conditions or any
user's use of the Products and Services shall be settled by
binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted
in Phoenix, Arizona, and judgment on the arbitration award may be
entered into in any state or federal court in Arizona having
jurisdiction thereof. Any party seeking temporary or preliminary
injunctive relief may do so in any state or federal court in
Arizona having jurisdiction thereof. Except as set forth above,
the state and federal courts of Arizona shall be the exclusive
forum and venue to resolve disputes arising out of or relating to
these Terms and Conditions or any user's use of the Products and
Services. By using the Products and Services and thereby agreeing
to these Terms and Conditions, users consent to personal
jurisdiction and venue in the state and federal courts in Arizona
with respect to all such disputes.
20. CHANGES IN TERMS
AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES The
UNImations.com reserves the right to modify the Products and
Services from time to time, for any reason, and without notice,
including the right to terminate the Products and Services for
unlawful activity. UNImations.com reserves the right to modify
these Terms and Conditions from time to time, without notice.
Please review these Terms and Conditions from time to time so you
will be apprised of any changes.
21. MERGER These
Terms and Conditions constitute the entire agreement between the
parties with respect to the subject matter contained herein and
supersedes any other agreement, proposals and communications,
written or oral, between UNImations.com's representations and you
with respect to the subject matter hereof; except that any other
terms and conditions located on any individual UNImations.com web
site or in connection with the Products and Services are
incorporated herein by reference to the extent they do not
conflict with these Terms and Conditions. To the extent that any
other terms and conditions or terms of service conflict with these
Terms and Conditions, those other provisions shall control with
respect to the use of the particular web site and any Products or
Services available on or through the web site or the respective
Product or Service at which those other provisions may be found.
22. NON-WAIVER AND SEPARABILITY UNImations.com'
s failure to exercise any right or provision of these Terms and
Conditions shall not constitute a waiver of such right or
provision. If a court of competent jurisdiction holds any
provision of these Terms and Conditions 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
agree that the other provisions of these Terms and Conditions
remain in full force and effect.
23. RELATIONSHIP OF
PARTIES You acknowledge and agree that you and
UNImations.com are independent contractors under these Terms and
Conditions, and nothing herein shall be construed to create a
partnership, joint venture, agency, or employment relationship.
Neither party pursuant to these Terms and Conditions has authority
to enter into agreements of any kind on behalf of the other and
neither party shall be considered the agent of the other.
24.
NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to
resell, assign, sub license, otherwise transfer, or delegate your
rights or obligations under these Terms and Conditions without
prior express written authorization of UNImations.com.
25.
SUCCESSORS AND ASSIGNS Without in any way limiting the
prohibition on your resale, assignment, sub licensing, or other
transfer of rights or obligations, these Terms and Conditions
shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, successors, and assigns.
26.
TERMINATION; SURVIVAL These Terms and Conditions shall
continue in effect for as long as you use the Products and
Services, unless specifically terminated earlier by
UNImations.com. All provisions of these Terms and Conditions which
impose obligations continuing in their nature shall survive
termination of these Terms and Conditions.
27.
COMMUNICATIONS WITH USERS UNImations.com reserves the right
to communicate with you regarding your use of the Products and
Services.
28. SUBMISSIONS OF IDEAS UNImations.com
is always improving its Products and Services and developing new
features. If you have ideas regarding improvements or additions to
the UNImations.com Site, we would like to hear them -- but any
submission will be subject to these Terms and Conditions. UNDER NO
CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED
MATERIALS TO UNImations.com BE SUBJECT TO ANY OBLIGATION OF
CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE
IDEA AND/OR ANY RELATED MATERIAL TO UNImations.com, YOU ARE
WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY
RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO
UNImations.com THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY
ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA
AND/OR MATERIALS AND THAT UNImations.com IS FREE TO IMPLEMENT THE
IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS
MODIFIED BY UNImations.com, WITHOUT OBTAINING PERMISSION OR
LICENSE FROM ANY THIRD PARTY.
29. EXPORT
CONTROLS Certain software, and related documentation or
technical information, available through the UNImations.com Site
is subject to applicable laws and regulations of the United States
pertaining to export controls. By using such software or related
documentation or technical information, you represent and warrant
that you are not located in, or under the control of, or a
national or resident of any embargoed country or any country on
the U.S. Department of Commerce's Table of Denial Orders. You
agree not to export or re-export such software or related
documentation or technical information directly or indirectly to
any countries that are subject to United States export
restrictions.
30.STANDARD ADVERTISING TERMS AND
CONDITIONS Contact us for information regarding standard
advertising terms and conditions.
31. VIOLATIONS OF
TERMS AND CONDITIONS Should you violate these Terms and
Conditions or any other rights of UNImations.com and the
UNImations.com site, UNImations.com reserves the right to pursue
any and all legal and equitable remedies against you, including,
without limitation, terminating any and all user accounts on any
and all of the UNImations.com web sites.
If you are
aware of any violations of these Terms and Conditions, please
report them to:
UNImations.com
-Abuse Manager info@unimations.com
For individual Products and
Services Violations of these Terms and Conditions, please use the
respective email addresses to contact the UNImations.com Team :
UNImations.com. info@unimations.com
Last
updated :09/14/12
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