Terms of Use
Please read the following Terms and Conditions
of Use carefully before continuing. By using this site, you signify
your acceptance of these Terms:
I. GENERAL
These Terms govern your use of the uGoto.com online service,
which provides (Pictures, Videos, Games, Jokes, Cartoons, Links, AIM Icons, Cool Facts) the "Service").
Additional terms and conditions of use applicable to specific
areas of the Service may also be posted in such areas and, together
with these Terms, govern your use of those areas. These Terms,
together with any such additional terms and conditions, are referred
to as the "Terms."
II. MODIFICATION OF TERMS
uGoto LLC
(the "Company")
reserves the right, in its sole discretion, to change,
modify, add, or remove portions of these Terms at any
time, effective
immediately upon notice published on the Site. We suggest
that you check these terms periodically for changes.
Your continued use of the Service constitutes your binding
acceptance
of these
terms and conditions, including any changes or modifications
made by The Company as discussed above. If at any time
these Terms are no longer acceptable to you, you should
immediately cease all use of the Service.
III. REGISTRATION OBLIGATIONS
To use certain areas of this site, you must
first submit a complete Registration Form available at http://www.ugoto.com/register.
When
submitting a Registration Form, you agree to:
(a) provide true, accurate, current and
complete information about yourself as prompted by the
Service's registration form
(such information being the "Registration Data") and
(b) 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 the Company has
reasonable grounds to suspect that such information is untrue,
inaccurate,
not current or incomplete, the Company has the right to
suspend or terminate your account and refuse any and all current
or future
use of the Service (or any portion thereof) by you. By
providing information through this web site, you represent and
warrant
that you are 18 years of age or older and that all the
information you are providing, including your e-mail address,
is accurate,
current and complete.
IV. PRIVACY POLICY
Registration Data and certain other information
about you are subject to our privacy policy. For more information,
click here
to view our privacy policy.
V. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully
responsible for all activities that occur under your password
or account. You agree to (a) immediately notify the Company 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. You are responsible for logging out
if your computer is accessible to others. This prevents unauthorized
access. The Company cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section.
VI. USE OF CONTENT
You acknowledge that the Service contains
information, software, photographs, audio and video clips,
graphics, links and other
material (collectively, the "Content") that are the
property of the Company or third parties who have authorized
the appearance of their content on this site. U.S. and
international copyright, trademark or other intellectual
property laws protect
all Content. All rights in Content are reserved. You agree
to comply with any additional copyright notices, information,
or
restrictions contained in any Content available on or accessed
through the Service. Users of the Service may use the Content
only for their personal, non-commercial use.
You may download or copy the Content, as authorized on this
site and only for your own personal use, provided that you maintain
all copyright and other notices contained in such Content. You
shall not store electronically any significant portion of any
Content. Except as expressly permitted by the copyright laws,
no copying, storage, redistribution or publication of any Content
is permitted without the express written consent of the Company
or the owners of such Content or their authorized representatives,
if other than the Company.
You may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or
in any way exploit any of the Content, in whole or in part, except
as expressly permitted in these Terms. Content consisting of
downloadable software may not be reverse engineered unless specifically
authorized by the owner of the software's patent and/or copyright.
VII. MANAGING CONTENT
You may post on the Service any Content owned by you (such as
your original statements, pictures, games, cartoons, jokes, and videos), Content for
which you have received express permission from the owner, and
Content in the public domain. You assume all risk and responsibility
for determining whether any Content is in the public domain.
You grant to the Company an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, edit, copy, publish, distribute,
translate and otherwise use in any medium any Content that you
place on the Service without compensation to you. You represent
and warrant that you are authorized to grant all rights set forth
in the preceding sentence.
The Company does not and cannot review all Content posted by
users on the Service and is not responsible for such Content.
However, The Company reserves the right to delete, move or edit
any Content that it may determine, in its sole discretion, violates
these Terms or is otherwise unacceptable. You shall remain solely
responsible for all Content posted by you. The Company shall
have the right, but not the obligation, to correct any errors
or omissions in any Content, as it may determine in its sole
discretion.
You are solely responsible for all Content you post on the Service.
You can be held legally liable for all Content you post on the
Service. Without limiting the foregoing, you may be held legally
accountable if any Content you post on the Service includes,
for example, material protected by copyright, trademark, patent
or trade secret law without the permission of the author or owner,
or defamatory comments. The Company is not responsible for any
loss of data resulting from network or system outages, file corruption
or any other reasons.
VIII. RULES OF CONDUCT FOR POSTING CONTENT
You shall not post on the Service any Content that
(a) is libelous, defamatory, obscene, pornographic, abusive,
harassing or threatening;
(b) contains viruses or other contaminating or destructive
features;
(c) violates the rights of others, such as Content that
infringes any copyright, trademark, patent, trade secret
or violates any right of privacy or publicity; or
(d) otherwise violates any applicable law.
(e) You may not post on the Service any links to any external
Internet sites that are obscene or pornographic.
(f) With the exception of paid advertisers from uGoto
LLC, you shall not use the Service for any commercial purpose,
to distribute any advertising or solicitation of funds or goods
and services or to solicit users to join competitive online services.
IX. ENDORSEMENT
The Company does not represent or endorse the accuracy or reliability
of any Content posted and you acknowledge that any reliance upon
such Content shall be at your sole risk. Any Content placed online
by users are the views of the user posting the statement, and
do not represent to views of The Company.
The Service may contain links to sites
on the Internet that are owned and operated by third
parties (the "External Sites").
You acknowledge that the Company is not responsible for
the availability of, or the content located on or through,
any External Site.
You should contact the site administrator or Webmaster
for any such External Site if you have any concerns regarding
such links
of the content located on such External Site.
X. INDEMNITY
You agree to indemnify and hold harmless the
Company and its employees, officers, directors, owners,
agents, information providers
and licensors, to the fullest extent lawful, from and against
all loss, liability, claim, damage, cost, judgment, penalty
and expense (including attorneys' fees), promptly as incurred,
directly
or indirectly based upon, or arising out of or in connection
with (1) your violation of the Terms or (2) any use or
alleged use of the Service under your password by you or
any person,
whether or not authorized by you. The Company reserves
the right to assume the exclusive defense and control of
any matter otherwise
subject to indemnification by you, and in such case, you
agree to cooperate with the Company's defense of such claim
and to
reimburse the Company for the costs and expenses of such
defense.
XI. TERMINATION OF SERVICE
You agree that the Company, in its sole discretion, may terminate
your password, account (or any party thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
The Company believes that you have violated or acted inconsistently
with the Terms. The Company reserves the right, in its sole discretion,
to restrict, suspend or terminate your access to all or any part
of the Service at any time for any reason without prior notice
or liability. The Company may change, suspend or discontinue
all or any aspect of the Service at any time, including the availability
of any feature, database, or Content, without prior notice or
liability.
The Company also reserves the right to release current or past
member information in the event it believes that accounts are
in violation of the terms of service or page content guidelines,
used to commit unlawful acts, if the information is subpoenaed
and/or if the Company deems it necessary and/or appropriate.
XII. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that The Company shall not be responsible
or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence
of such advertisers on the Service.
XIII.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The service and the content are distributed
on an "as is,
as available" basis. Neither the Company nor any provider
of third party content, nor any of their respective agents (i)
warrants that the service will be uninterrupted or error free;
(ii) makes any warranty as to the results to be obtained from
use of the Service or the Content, (iii) makes any warranties
of any kind, either express or implied, including, without limitation,
warranties of title or implied warranties of merchantability
or fitness for a particular purpose, with respect to the
service, any content or any products or services sold through
the service
or (iv) warrants that any files available for downloading
through the Service will be free of viruses or similar
contamination or destructive features. You expressly agree that
the entire
risk as to the quality and performance of the Service and
solely
you assume the accuracy or completeness of the Content.
Neither the Company nor any third party content provider, nor
any of their respective agents shall be liable for any direct,
indirect, incidental, special or consequential damages arising
out of the use of or inability to use the service, even if such
party has been advised of the possibility of such damages.
Some jurisdictions do not allow exclusion of implied warranties
or limitation of liability for incidental or consequential
damages, so the above limitations or exclusions may not apply
to you.
In such jurisdictions, the liability of the Company, third
party content providers, or their respective agents shall be
limited
to the greatest extent permitted by law.
XIV. MISCELLANEOUS
These Terms shall be construed in accordance with the laws of
the State of New Jersey, and the parties irrevocably consent to
bring any action to enforce these Terms in the federal or state
courts of Bergen County, New Jersey. These Terms constitute the
entire agreement between you and us with respect to the subject
matter hereof. The rights and obligations provided herein may
not be assigned or delegated. If any inconsistency exists between
the terms of these Terms and any additional terms and conditions
posted on the Service, such terms shall be interpreted as to
eliminate any inconsistency, if possible, and otherwise, these
terms and conditions shall control.
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