The webpages available at www.uTIPu.com, and all linked pages ("Site"), are owned and operated by uTIPu Inc. ("uTIPu"), a Florida corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY REGISTERING WITH US, INSTALLING OUR SOFTWARE, ACCESSING THIS SITE, OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE ELECTRONICALLY TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. OUR WILLINGNESS TO PROVIDE UTIPU'S SOFTWARE, CONTENT AND SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS, IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY UTIPU, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
In this Terms of Use, the terms:
"We", "us" or "our" means collectively uTIPu and its parents, subsidiaries and affiliates;
"You" or "your" means both you and such person or entity in whose behalf you act, if any;
"Submitter" means any person or entity who submits Content to the Site;
"Site Content" means data, text, communications, software, images, sounds, video or other information that are provided by uTIPu;
"User Submissions" means data, text, communications, software, images, sounds, video or other information that you and other users submit for public sharing and viewing on or through uTIPu, including but not being limited to areas of uTIPu that are generally available to the public (such as publicly shared Content, comments and message boards);
"User Content" means data, text, communications, software, images, sounds, video or other information that you and other users store or share privately on or through uTIPu; and
"Content" means collectively Site Content and User Submissions.
uTIPu reserves the right, at its sole discretion, to modify, supplement or replace the Terms of Use at any time. You agree to assume all responsibility in reviewing this Agreement periodically so that you will be apprised of any changes. If you continue to use uTIPu after we post or notify you about changes to these terms, you are signifying your acceptance of the new terms.
uTIPu provides certain services and Content including online data storage and sharing resources, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and Content uTIPu performs for you, as well as the offering of any materials displayed or performed on the Site. We offer Services at different plans and price packages. The level of features that will be available to you will depend on the plan and price package selected by you. Certain premium features, such as additional storage space, telephone customer support, advanced codec, etc., may be available only with fee-based plans. The terms of the offer selected by you, including any fees associated with the plan, are binding on you. Purchases are final and non-refundable. In the event we offer any free trial promotions, we may limit the number of promotions we offer to you. Any trial promotion to a subscription plan (such as free trial time) must be used within the specified time of the trial. You must cancel your account before the end of the trial period to avoid being charged a fee.
We have no obligation to offer any specific feature or plan. Certain features or offerings may not be available in all geographic locations. We may change, suspend or discontinue uTIPu or any feature of uTIPu for any reason, at any time and without notice. uTIPu may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
uTIPu, its licensors and contributors own all rights, title and interest in the Site Content ("uTIPu Rights") including but not being limited to the trademarks, service marks and logos contained therein and Site Content. The uTIPu Rights are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. All uTIPu Rights are reserved by their respective owners. You may only use uTIPu as authorized by this Terms of Use.
We do not claim ownership of any User Submissions and User Content that you may store on or share through uTIPu privately; however, you grant us, our affiliates, and distributors the perpetual right to use, copy, display, perform, distribute, re-license, adapt and promote any User Submissions in any medium.
Furthermore, you grant us, our affiliates, and distributors the perpetual right to prefix, insert, append, and/or overlay other materials, including but not limited to, advertisement, announcement and messages, to any User Submissions and User Content including any content that is stored locally on your computer but is created using uTIPu software and services.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by uTIPu.
By way of example, and not as a limitation, you agree not to use the Services:
uTIPu may remove any Content and uTIPu accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: Abuse Department.
You may only share or post the Content on uTIPu that you created or that you have permission to share or post. By uploading, submitting or otherwise disclosing or distributing User Submissions of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/. You are solely responsible for the Content you post on uTIPu, including without limitation, the accuracy, quality, integrity, legality, reliability, privacy and confidentiality concerns, appropriateness and copyright of the Content. We shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Content. You may not post or share Content that violates this Terms of Use. Visit the Copyright Permission Page for information on how you can request permission to reproduce certain Content from uTIPu.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of uTIPu and for any violation by you of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
We are not liable for Content that is provided by others. We have no duty to pre-screen such Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for Content made available on the Internet.
uTIPu respects the intellectual property of others. It is our policy to respond to claims of copyright and other intellectual property infringement. uTIPu will 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, uTIPu may act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act to remove or disable access to any reference or link to material or activity that is claimed to be infringing. uTIPu will terminate access for subscribers and account holders who are repeat infringers.
Notifying uTIPu of Copyright Infringement: To provide uTIPu notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of Abuse Department that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing uTIPu with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide uTIPu with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at Abuse Department that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking advice of an attorney.
uTIPu's current privacy policy is available at www.utipu.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
You acknowledge that uTIPu has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release uTIPu from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. uTIPu makes no representations concerning any content contained in or accessed through the Site, and uTIPu will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because uTIPu has no control over such sites and resources, you acknowledge and agree that uTIPu 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 uTIPu 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.
IN NO EVENT SHALL uTIPu OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE, THE SOFTWARE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
uTIPu may terminate or suspend any and all Services and your uTIPu account at any time, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your uTIPu account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind uTIPu in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. uTIPu shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond uTIPu's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with uTIPu´s prior written consent. uTIPu may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, as if made within Florida between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Palm Beach County and the United States District Court for the Southern District of Florida. Notwithstanding the foregoing sentence, (but without limiting uTIPu's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with the American Arbitration Association. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in West Palm Beach, Florida using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Your affirmative act purchasing or registering for uTIPu constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You agree that we may send to you in electronic form any privacy, disclosures or other notices about uTIPu, including without limitation, notices about changes to pricing or changes to this Terms of Use (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting Notices on uTIPu. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your uTIPu account. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This website contains documents (including product information, help files, articles, etc.), videos, photos, icons, and other copyrighted materials owned by us or our content providers. The following information applies only to materials we own. You must contact the copyright owner for permission to use third party materials.
You are authorized to view, copy, download, and print for personal use only any copyrighted materials we own that are available on this web site, subject to the following conditions:
This permission does not extend to materials owned by other content providers that appear on this web site.
You may not reproduce, copy, or redistribute the design or layout of this website, individual elements of the website design, or our logos without our express written permission.
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without our express written permission. Permission is granted only when certain limited criteria are met.
To request such permission please send email to Permission Team. Please identify the requested material and the website on which it is found in the subject line, e.g. "UTIPU home page screenshot," or "How to add a printer in XP (tip #987654321)." Include all of the following information in the body of the message:
In addition, please provide an example or mockup of the intended use, either by sending a file attached to your email (in a format readable with a PC), or by fax to (561) 886-1201. We will need all of the above in order to evaluate your request. Please expect 7 to 10 days for processing all requests.
We reserve the right to refuse permission to copy, distribute, broadcast, or publish any of our copyrighted material.
Thank you for your cooperation.
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