Terms of Service

Introduction

Your Commitments to Ubuntoo and Our Community

You are Eligible to Use Our Services

To use the Services, you agree or represent that:

You Will Maintain Security of Your Account

If you register an account with Ubuntoo, you are responsible for maintaining the security of your password and credentials. You agree that you will (1) try to choose a strong and secure password, (2) keep your password secure and confidential, (3) notify Ubuntoo of any unauthorized uses of your account or any other breaches of security. Ubuntoo will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omission.

You Will Honor Your Payment Obligations for Paid Services

Optional paid Services or upgrades may be available. When utilizing an optional paid service or upgrade, you agree to pay Ubuntoo the applicable monthly or annual fees and taxes. Your purchase may be subject to foreign exchange fees or differences in prices based on location

Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable. Failure to pay these fees will result in termination of your paid Services.

Unless you notify Ubuntoo before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (and applicable taxes) using any payment mechanism we have on record for you.

You Will Follow the Law and Our Community Guidelines

You agree that you will follow the law and not use our Services for any illegal purposes. You agree that you will only provide content and information that you have the right to share. You agree that you will not provide content or information that:

You are Responsible for Your Use of Our Services

You agree that you are entirely responsible for your use of our Services the content and information that you provide. You agree to indemnify and hold harmless Ubuntoo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of these terms of service.

You Will Not Misuse Our Services

You agree that you will not:

Permissions You Grant to Ubuntoo

Permission to Use Your Content and Information

You own the content and information that you create and provide using the Services, and you are free to share your content with anyone else, wherever you want. To provide our Services, though, you agree to give us some legal permissions to use that content and information.

Specifically, when you share, post, or upload content or information that is covered by intellectual property rights on or in connection with our Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content and information.

Permission to Update Software You Use or Download

If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop our Services.

Disclaimers and Limitations on Ubuntoo’s Liability

Ubuntoo Is Not Responsible for Others’ Use of Our Services

Your use of others’ content and information provided on our Services is at your own risk. Ubuntoo has not reviewed, and cannot review, all the content and information provided via our Services, and cannot therefore be responsible for that material’s content, use, or effects. Ubuntoo does not represent or imply that it endorses the material provided through its Services, or that it believes such material to be accurate, useful, or non-harmful. If you use our Services, you understand that Ubuntoo is not responsible for any content or information posted by others or the misuse of our Services by others. You understand that you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Ubuntoo May Remove or Limit Content and Information

Ubuntoo has the right (though not the obligation) to, in Ubuntoo’s sole discretion (i) refuse or remove any content that, in Ubuntoo’s discretion, violates any Ubuntoo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Ubuntoo’s sole discretion. You understand that Ubuntoo has no obligation to provide a refund of any amounts previously paid.

No Warranty

TO THE EXTENT ALLOWED UNDER LAW, UBUNTOO AND ITS AFFILIATES (AND THOSE THAT UBUNTOO WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER LAW, UBUNTOO AND ITS AFFILIATES (AND THOSE THAT UBUNTOO WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF UBUNTOO AND ITS AFFILIATES (AND THOSE THAT UBUNTOO WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE FEES PAID BY YOU TO UBUNTOO DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UBUNTOO AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF UBUNTOO OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Other Terms of Service

Termination

Both you and Ubuntoo may terminate this agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property licenses to Ubuntoo and its affiliates, warranty disclaimers, indemnity, and limitations of liability.

Entire Agreement

This Agreement constitutes the entire agreement between Ubuntoo and you concerning our Services and your use thereof, and they may only be modified by a written amendment signed by an authorized executive of Ubuntoo, or by the posting by Ubuntoo of an updated terms of service.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

You may not assign or transfer this agreement or your account to anyone without Ubuntoo’s consent. However, you agree that Ubuntoo may assign this agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this agreement.

To the extent allowed by law, the English language version of this agreement is binding and other translations are for convenience only.

No Waiver

If Ubuntoo or its affiliates do not act to enforce a breach of this agreement, that does not mean that Ubuntoo has waived its right to enforce this agreement.

Governing Law and Dispute Resolution

You and Ubuntoo agree that the laws of the State of California, U.S.A, excluding its conflict of laws rules, shall exclusively govern any dispute relating to the agreement and/or our Services. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees.

Complaints Regarding Content

You are encouraged to notify Ubuntoo if you believe that material on our Services violates your copyright. Ubuntoo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling links to the infringing material. Ubuntoo may terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Ubuntoo or others. In the case of such termination, Ubuntoo will have no obligation to provide a refund of any amounts previously paid to Ubuntoo.

Ubuntoo’s Intellectual Property

This Agreement does not transfer from Ubuntoo to you any Ubuntoo or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Ubuntoo. Ubuntoo, www.ubuntoo.com, the Ubuntoo logo, and all other trademarks, service marks, graphics, and logos used in connection with our Services are trademarks or registered trademarks of Ubuntoo or Ubuntoo’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Ubuntoo or third-party trademarks.

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