Welcome to the ustyme website and tablet device application (the “Site”)!
- You Accept These Terms
- Updates to These Terms
- You Must Provide Accurate Information
- Eligibility and Accounts
- Disclaimer of Warranties
- Limitation of Liability
- Binding Arbitration of All Disputes; No Class Relief
- Trademarks and Copyrights
- Permitted Uses
- Unsolicited Submissions, Postings and Emails
- Invited Submissions
- Our Use of Content
- User Content
- Claims of Infringement
- Responsible Use of the Site
- Content Limitations
- System Abuse
- Reservation of Rights
- Local Regulations
- Third-Party Sites
- Choice of Law
How to Contact Us
Updates to These Terms. Please note that these Terms may be revised and reissued, prospectively by posting updated terms on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
You Must Provide Accurate Information. To access the Site or some of the resources it has to offer, you may be asked to provide registration details and set up an account. In order to have the right to access the Site you must provide correct, current, and complete information. If we believe the information you have provided is not correct, current, or complete, we have the right to refuse your access to the Site, or any of its resources, and to terminate or suspend your account.
By creating a Junior Account and undergoing the parental verification process, you hereby agree to these Terms on behalf of your child and/or children and therefore, these Terms apply to your child and/or children. You also hereby give your child and/or children permission to access the Site.
Each Senior Account holder must choose a user name and password. Parents have control over the user name associated with their child’s Junior Account(s). A password is not required for a Junior Account. Senior Account holders are entirely responsible for maintaining the confidentiality of their passwords and account information, including information pertaining to any associated Junior Account(s).
You agree to notify ustyme immediately of any unauthorized use of your account or any other breach of security. ustyme will not be liable for any loss that you may incur as a result of unauthorized persons using your password or otherwise accessing your account without your knowledge.
- Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, USTYME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USTYME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USTYME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. USTYME MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND USTYME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability. USTYME DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF USTYME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT USTYME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Binding Arbitration of All Disputes; No Class Relief. With the exception of disputes pertaining to ustyme’s intellectual property rights, any dispute of any kind between you and ustyme arising under these Terms shall be resolved by binding arbitration in San Francisco, California pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a single retired judge or justice of any California state or federal court with substantial experience in the technology industry and shall follow California substantive law in adjudicating the dispute, except that this Section 8 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that this Section 8 is intended to satisfy the “writing” requirement of the FAA.
- Trademarks and Copyrights. This Site and materials incorporated by ustyme on the Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by ustyme on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by ustyme or others (“Trademarks”). ustyme respects the intellectual property rights of others and asks users of the Site to do the same.
Permitted Uses. Your right to make use of the Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on the Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
You may access and display Material and all other content displayed on the Site for non-commercial, personal, and entertainment purposes. The Material and all other content on the Site may not otherwise be copied, modified, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by ustyme in writing. Any authorization to copy Material granted by ustyme in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, and entertainment purposes, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Forums. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON MEMBER PROFILES, VIDEOS, AUDIO FILES, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF USTYME. USTYME DOES NOT UNDERTAKE TO MONITOR OR REVIEW THE FORUMS, AND THE CONTENT OF THE FORUMS IS NOT THE RESPONSIBILITY OF USTYME. USTYME MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN USTYME’S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
Unsolicited Submissions, Postings and Emails. ustyme is interested in hearing from you regarding your questions or comments about our Site. However, ustyme does not accept or consider unsolicited submissions of any kind (e.g. ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to ustyme.
Invited Submissions. From time to time, areas on the Site may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
Our Use of Content. ustyme will consider anything you provide to ustyme and/or contribute to the Site as available for our use free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on the Site (see ‘Invited Submissions’ [LINK TO SECTION 13] above), in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
User Content. Videos, audio files, pictures, member profile entries, posts or questions may not be able to be deleted once uploaded. By posting or uploading any content to the Site, including posts, responses, and/or providing any communication or material to ustyme (“User Content”), you automatically and irrevocably:
a. retain ownership of your User Content, and grant and assign to ustyme a royalty-free, perpetual and irrevocable, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by ustyme and/or by any person authorized by ustyme by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
b. waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
c. appoint ustyme as your agent with full power to enter into any document and/or do any act ustyme may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
d. warrant that you are the owner of the User Content and entitled to enter into these Terms;
e. confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that ustyme shall not be liable for any use or disclosure of such User Content.
Claims of Infringement. If you believe that any content appearing on the Site infringes your copyright rights, we at ustyme want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
a. your name, address, telephone number, and email address;
b. a description of the copyrighted work that you claim has been infringed;
c. the exact URL or a description of each place where alleged infringing material is located;
d. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
e. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
f. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
10 Liberty Ship Way, Suite 100
Sausalito, CA 94965
ustyme seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
- Responsible Use of the Site. Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through the Site are the sole responsibility of the sender, not ustyme, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through the Site.
- Content Limitations. We at ustyme require that you do not post emails or submit to or publish through Forums or otherwise make available on the Site any content, or act in a way, which in our opinion: a. libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; b. disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content; c. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; d. infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; e. violates any law or may be considered to violate any law; f. you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); g. advocates or promotes illegal activity; h. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; i. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Site; j. solicits funds, advertisers or sponsors; k. includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications; l. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site; m. copies any other pages or images on the Site except with appropriate authority; n. disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or o. Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (n) above.
- Release. If you have a dispute with one or more users, you release us from any claims, demands, liabilities, costs or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. If you are a California resident, you waive any and all rights or benefits afforded by California Civil Code § 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- Indemnity. You agree to indemnify and hold harmless ustyme and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto ustyme 's servers, and/or from any and all use of your account.
- System Abuse. You agree not to undertake any activity which may adversely affect the operation or enjoyment of the Site by any other person. You may not use the Site in any manner that could damage, disable, overburden, or impair any of ustyme’s servers, or the network(s) connected to any of ustyme’s servers, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site or other members’ accounts through hacking, password guessing programs, or any other means. If you abuse our system or become involved in any violation of system security, ustyme reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
- Security. Any usernames and passwords used for the Site are for individual use only. You shall be responsible for the security of your username and password. ustyme shall be entitled to monitor your username and password and, at its discretion, require you to change it. If ustyme considers your username or password to be insecure, ustyme may require you to change it and/or ustyme will terminate your account.
- Investigations. ustyme reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submissions, you make or send to any Forum. ustyme may seek to gather information from the user who is suspected of violating these Terms, and from any other user. ustyme may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If ustyme believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. ustyme will fully cooperate with any law enforcement authorities or court order requesting or directing ustyme to disclose the identity of anyone posting any submissions that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS USTYME FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY USTYME DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER USTYME OR LAW ENFORCEMENT AUTHORITIES.
- Service. In order to use the Site, you must obtain access to the Internet and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
- Reservation of Rights. ustyme reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Site and/or any software, facilities and services on the Site, with or without notice, and/or to establish general guidelines and limitations on their use.
- Local Regulations. ustyme makes no representation that Material or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
- Third-Party Sites. The Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ustyme and you acknowledge that (whether or not such sites are affiliated in any way with ustyme) ustyme is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by ustyme or any association with its operators.
- Choice of Law. With the exception of Section 8 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California.
Termination. ustyme reserves the right to terminate or suspend your account and delete all content associated with your account at any time, with or without notice, if we determine that you have violated these Terms, or for any other reason. ustyme assumes no liability for any information removed from the Site, termination, and/or suspension of your account.
You may also terminate your account at any time. Such termination shall be effective immediately, and after termination you will not be given back any of your User Content, nor will you be given access to your User Content.
General. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and ustyme relating to the matters contained here and the
How To Contact Us. The Site is controlled and operated by ustyme located at 10 Liberty Ship Way, Suite 100, Sausalito, CA 94965. Please forward any comments or complaints about the Site to firstname.lastname@example.org. Please forward any questions regarding privacy to email@example.com and other legal matters to firstname.lastname@example.org.