AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Subject to any limitations imposed by applicable law (including under Void Where Prohibited and New Jersey Consumers), we may, with or without prior notice, terminate any of the rights granted by this Agreement.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos, whether or not delineated in large print or with trademark symbols or in any other fashion, contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The entire Content (images and text) of ugami.com is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded or otherwise used except as provided herein without the express written permission of Ugami.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
REPRESENTATIONS BY YOU
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION AND YOUR RESPONSIBILITY FOR ACCOUNT AND PASSWORD SECURITY
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. When and if you use the Site, it shall be your sole responsibility to maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the “Account”), and for restricting access to your computers and mobile devices in. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, unlawful, indecent, obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (in each case, as determined by us). You also agree to accept sole responsibility for any and all activity that occurs under your Account.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. “Mask” an IP address or country or jurisdiction of origin from which you are accessing the Site, whether through a proxy server, virtual private network (“VPN”), Tor or otherwise.
15. Sell or otherwise transfer your profile.
16. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
17. Take any action that Interferes with, disrupts, or creates an undue burden or unreasonable or disproportionately large load on the Site or the networks, infrastructure or services connected to the Site.
18. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system, infrastructure or network.
19. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
20. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
22. Decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
23. Except as may be the result of standard search engine or Internet browser usage, (a) engage in unauthorized harvesting of content, (b) use any other unauthorized automated means to compile content or information, (c) use, launch, develop, or distribute any automated system (including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site), or (d) use or launch any unauthorized script or other software.
24. Use a buying agent or purchasing agent to make purchases on the Site.
25. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
26. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
27. Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Submissions do not and will not infringe upon any rights, including but not limited to the proprietary rights, copyright, patent, trademark, trade secret, or moral rights, of any third party.
4. Your User Submissions are not false, inaccurate, or misleading.
5. Your User Submissions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your User Submissions are not inappropriate, unlawful, indecent, obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (in each case, as determined by us).
7. Your User Submissions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your User Submissions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your User Submissions do not violate any applicable law, regulation, or rule.
10. Your User Submissions do not violate the privacy or publicity rights of any third party.
11. Your User Submissions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your User Submissions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your User Submissions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
You agree that you will remain responsible for the content of any User Submissions you create or make available.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your User Submissions. You retain full ownership of all of your User Submissions and any intellectual property rights or other proprietary rights associated with your User Submissions.
By submitting any User Submissions, you are granting Ugami an irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, publish, modify, adapt, translate, create derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Ugami the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.
We are not liable for any statements or representations in your User Submissions provided by you in any area on the Site. You are solely responsible for your User Submissions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Submissions.
THIRD-PARTY WEBSITE AND CONTENT
VOID WHERE PROHIBITED
We administer and operate our website from its location in Key Biscayne, Florida, United States of America; other Sites may be administered and operated from various locations outside the United States. We do not imply that the materials published on any Site are appropriate for use outside of the United States.
You agree that: (i) our Site shall be deemed solely based in Key Biscayne, Florida, USA; and (ii) our Site shall be deemed a passive website, app or service that does not give rise to personal jurisdiction over Ugami or any of its affiliates or service providers, either specific or general, in jurisdictions other than Delaware or in some limited circumstances, Florida.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
We remind you that this Agreement forbids any visitor to the Site from “masking” an IP address or country or jurisdiction of origin from which you are accessing the Site, whether through a proxy server, virtual private network (“VPN”), Tor or otherwise as set forth in Prohibited Activities.
If you access the Site from outside of the United States, you do so on your own initiative (in breach of this Agreement which requires you to be a resident of the United States as set forth in Representations by You and you are responsible for compliance with local laws.
NEW JERSEY CONSUMERS