By using Unity 4 Humanity, Inc. (U4H, Inc.) web sites and .tv channels “you” are indicating that you have read and AGREE to be bound by, the policies, terms, and conditions set forth below (this “Agreement”) IN THEIR ENTIRETY without LIMITATION or qualification, AS WELL AS BY ALL APPLICABLE LAWS AND REGULATIONS, as if you had HANDWRITTEN YOUR NAME ON A CONTRACT. If you do not agree to these terms and conditions, do not use any web sites, .tv channels, or download/transmit materials from/to any of Unity 4 Humanity, Inc.’s Global Web Presence. All web sites and .tv channels provided by Unity 4 Humanity, Inc. are specific and unique. Some may be used for informational, educational, business, and/or entertainment purposes. If the user is not an individual, then “you” means your company, its officers, members, employees, agents, representatives, successors and assigns.
Restrictions on Usage
Except as otherwise permitted in writing by Unity 4 Humanity, Inc., no materials from Unity 4 Humanity, Inc. sites/.tv channels may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, shape, or form. You may download free material/content displayed on Unity 4 Humanity, Inc. sites and .tv channels for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials/content. You may not use, distribute, modify, transmit, or post the content/materials of Unity 4 Humanity, Inc. sites/.tv channels for public or commercial purposes, including any text, images, audio, or video without Unity 4 Humanity, Inc.’s written permission. You may not mirror any material contained on Unity 4 Humanity, Inc.’s Global Web Presence on any other server. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, screen shot, or form) of Unity 4 Humanity, Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing Unity 4 Humanity, Inc.’s name or trademarks without the express written consent of Unity 4 Humanity, Inc. Any unauthorized use terminates the permission to use any Unity 4 Humanity, Inc. sites.
U4H, Inc. Intellectual Property Disclaimer
All content included on Unity 4 Humanity, Inc. web sites and .tv channels contained within its Global Web Presence such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software is the property of Unity 4 Humanity, Inc. or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All such content/material is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.), and international treaty provisions; Unity 4 Humanity, Inc. owns copyrights in the selection, coordination, arrangement and enhancement of such content. All software used on this site is the property of Unity 4 Humanity, Inc. or its software suppliers and protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. Other marks, names, and logos mentioned/contained on Unity 4 Humanity, Inc. sites are the property of their respective owners. Your use of the Unity 4 Humanity, Inc. trademarks is strictly prohibited. Your use of Unity 4 Humanity, Inc. sites is a privilege.
Representations and Warranties
By using any sites/.tv channels contained within Unity 4 Humanity, Inc.’s Global Web Presence, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use Unity 4 Humanity, Inc.’s web sites/.tv channels in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Unity 4 Humanity, Inc. for any purpose. All undeveloped .tv channels available for sale, rent, lease, and/or development contained within Unity 4 Humanity, Inc.’s Global Web Presence (showcased in U4H, Inc.’s Domain Real Estate Center & Dot TV Guide), and owned/housed in The Engine That Can.com (U4H, Inc.’s Domain Registrar) have no affiliation with any corporations and/or entities express or implied. All undeveloped .tv channels are unique Internet Television Broadcasting Channels.
Disclaimer of Warranties
You expressly agree that use of the Unity 4 Humanity, Inc.’s sites/.tv channels is at your sole risk. Neither Unity 4 Humanity, Inc., nor its affiliates, nor any of their officers, directors or employees, agents, third-party content providers, merchants, sponsors or licensors (collectively, “Providers”), or the like, warrant that Unity 4 Humanity, Inc. sites/.tv channels will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of Unity 4 Humanity, Inc. sites/.tv channels, or as to the accuracy, completeness, reliability, security or currency of the materials/content. The materials/content may contain errors, omissions, inaccuracies, or outdated information. Further, Unity 4 Humanity, Inc. does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through their sites/.tv channels. Unity 4 Humanity, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of their Global Web Presence. Unity 4 Humanity, Inc. may make any other changes to the sites/.tv channels, the materials/content and the products, programs, services or prices (if any) described in the site at any time without notice.
UNITY 4 HUMANITY, INC. SITES/.TV CHANNELS AND THE INFORMATION, CONTENT AND MATERIALS ON THESE SITES/.TV CHANNELS, ARE PROVIDED BY UNITY 4 HUMANITY, INC. ON AN "AS IS," “WHERE IS” AND “WHERE AVAILABLE” BASIS. UNITY 4 HUMANITY, INC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION OR THE MATERIALS ON THE UNITY 4 HUMANITY, INC. SITES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. UNITY 4 HUMANITY, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT OR INFORMATION ON UNITY 4 HUMANITY, INC. SITES/.TV CHANNELS OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE UNITY 4 HUMANITY, INC. SITES/.TV CHANNELS OR YOUR USE OF THE UNITY 4 HUMANITY, INC SITES/.TV CHANNELS GENERALLY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation of Liabilities
YOU AGREE THAT UNITY 4 HUMANITY, INC. AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT OR INFORMATION ON UNITY 4 HUMANITY, INC. SITES/.TV CHANNELS REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL UNITY 4 HUMANITY, INC. OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON UNITY 4 HUMANITY, INC. SITES/.TV CHANNELS OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON UNITY 4 HUMANITY, INC. SITES/.TV CHANNELS, YOUR USE OF, OR INABILITY TO USE, UNITY 4 HUMANITY, INC. SITES/.TV CHANNELS GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER UNITY 4 HUMANITY, INC. OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnifications
You agree to indemnify, defend and hold harmless Unity 4 Humanity, Inc., its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorneys’ fee, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation or violation of any proprietary or privacy right.
Privacy
Unity 4 Humanity, Inc. takes privacy very seriously and only collects private/personal information volunteered/submitted by users when necessary. U4H, Inc. agrees to treat your private information in accordance with the terms of our Privacy Policy. You can review U4H, Inc.’s Privacy Policy to see how private/personal information is handled and secured with the utmost precision and care.
Dispute Resolution
Any dispute relating in any way to your use of Unity 4 Humanity, Inc. sites/.tv channels shall be submitted to confidential arbitration in Long Island, New York, except that, to the extent you have in any manner violated or threatened to violate Unity 4 Humanity, Inc.’s intellectual property rights, Unity 4 Humanity, Inc. may seek injunctive or other appropriate relief in any state or federal court in the United States Of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Limitations on Claims
Any cause of action you may have with respect to your use of U4H, Inc.’s Global Web Presence must be commenced within three (3) months after the claim or cause of action arises.
Term and Termination
Without limiting its other remedies, Unity 4 Humanity, Inc. may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement, or any other applicable Agreements when utilizing sites/.tv channels within Unity 4 Humanity, Inc.’s Global Web Presence. Upon such violation, you agree to terminate access to all Unity 4 Humanity, Inc. sites/.tv channels.
Hyperlink Disclaimers
As a convenience to you, Unity 4 Humanity, Inc. may provide on their sites/.tv channels, links to Web sites operated by other entities (collectively, the “Linked Sites”). If you use any Linked Sites, you will leave Unity 4 Humanity, Inc. sites. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Unity 4 Humanity, Inc. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Unity 4 Humanity, Inc. Unity 4 Humanity, Inc. does not endorse, make any representations regarding or warrant any information, goods and/or services appearing or offered on any Linked Site, other than linked information authored by Unity 4 Humanity, Inc. Links do not imply that Unity 4 Humanity, Inc. or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbols/slogans of Unity 4 Humanity, Inc. or any of its affiliates or subsidiaries. Except for links to information authored by Unity 4 Humanity, Inc., Unity 4 Humanity, Inc. is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. Unity 4 Humanity, Inc. reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods or services appearing thereon.
Choice of Law and Venue
All sites/.tv channels in Unity 4 Humanity, Inc.’s Global Web Presence are controlled, operated and administered by Unity 4 Humanity, Inc. (and in some cases U4H, Inc.’s Domain Registrar The Engine That Can.com) from its office within Long Island, New York, United States of America. Unity 4 Humanity, Inc. makes no representation that materials at any sites/.tv channels are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents/materials are illegal is prohibited. You may not use the site or export the materials/content in violation of U.S. export laws and regulations. If you access any sites/.tv channels from locations outside of the United States, you are responsible for compliance with all local/regional laws.
This Agreement shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions that direct the application of the laws of a different jurisdiction. This is the case regardless of whether you reside or transact business with Unity 4 Humanity, Inc. in New York or elsewhere around the globe. You agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County, New York. If for any reason whatsoever Unity 4 Humanity, Inc. wants to utilize another jurisdiction of courts, U4H, Inc. may seek appropriate relief in any state or federal court in the United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Entire Agreement
This Agreement constitutes the entire agreement between Unity 4 Humanity, Inc. and you with respect to all Unity 4 Humanity, Inc. sites/.tv channels and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Unity 4 Humanity, Inc. with respect to all sites/.tv channels A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This agreement can be coupled or combined with other electronic agreements appearing on Unity 4 Humanity, Inc.’s Global Web Presence including, but not limited to U4H, Inc.’s Privacy Policy.
Modifications to Agreement
Unity 4 Humanity, Inc. may revise the Agreement at any time and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement, and all Agreements contained within Unity 4 Humanity, Inc.’s Global Web Presence from time to time to review the most current terms and conditions. Unity 4 Humanity, Inc. does not and will not assume any obligation to notify you of changes to this or any Agreement. This Agreement shall supersede any prior terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by Unity 4 Humanity, Inc. Unity 4 Humanity, Inc. reserves the right to make changes to any site/.tv channel and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to any sites/.tv channels.
Our Policy Concerning Children
Not all Unity 4 Humanity, Inc. web pages/sites/.tv channels/services are intended for use by children. If you are under 18, you may use Unity 4 Humanity, Inc. sites/.tv channels only with involvement of a parent or guardian. Two examples of sites/.tv channels contained within Unity 4 Humanity, Inc.’s Global Web Presence are the .tv channel www.U4Hkids.tv, intended for children 12 years of age and under; and the channel www.U4Hteens.tv, intended for teenagers. Unity 4 Humanity, Inc. always recommends parental or guardian involvement regarding all elements of the Internet for individuals 17 years of age or younger. For more information concerning Children and Children’s Privacy, please consult U4H, Inc.’s Privacy Policy.
Designated Agent/Registered Agent
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Unity 4 Humanity, Inc. designates an agent as described below, to receive notifications of claimed infringement:
|
Designated Agent |
|
UNITY 4 HUMANITY, INC. P.O. BOX 700 SAINT JAMES, NEW YORK, 11780 |
Any claims of trademark infringement should be directed to U4H, Inc.’s Registered Agent:
|
Registered Agent |
|
CORPORATION SERVICE COMPANY 80 STATE STREET ALBANY, NEW YORK, 12207 |
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent or agreement you transmit through the Unity 4 Humanity, Inc. sites/.tv channels, including but not limited to any consent/material you give to receive communications from Unity 4 Humanity, Inc. solely through electronic transmission. You agree that in addition to utilizing sites/.tv channels, in the future if you click on/check an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.