BY USING THIS SOFTWARE (the UiKnow Browser Plug-in, "UiKnow") OR VISITING THIS WEBSITE (collectively, including all Content available through the UiKnow.com domain name, the "UiKnow Website", "UiKnow Website", "UiKnow Website", "UiKnow Website", "UiKnow Websites" "Website" or "Websites"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF UiKnow' ("UiKnow") PRIVACY NOTICE, WHICH IS PUBLISHED AT http://www.uiknow.com/kshare/pages/privacy.jsp AND WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the UiKnow Website.
These Terms of Service apply to all users of the UiKnow Website, including users who are also contributors of search space content, information, and other materials or services on the Websites. The UiKnow Website may contain links to third party websites that are not owned or controlled by UiKnow. UiKnow has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, UiKnow will not and cannot censor or edit the content of any third-party site. By using the http://www.uiknow.com Website, you expressly relieve UiKnow from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the UiKnow Websites and to read the terms and conditions and privacy policy of each other website that you visit
A. UiKnow hereby grants you permission to use the UiKnow Websites as set forth in this Terms of Service, provided that: (i) your use of the Websites as permitted is solely for your personal, noncommercial use (unless you have obtained prior written authorization from UiKnow); (ii) you will not copy or distribute any part of the Websites in any medium without UiKnow's prior written authorization (with the exception of Search Spaces made publicly available and not otherwise marked; allowable use of Search Spaces governed below); (iii) you will not alter or modify any part of the Websites other than as may be reasonably necessary to use the Websites for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Websites, you will have to create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all activity that occurs on your account, and you must keep your account password secure. You must notify UiKnow immediately of any breach of security or unauthorized use of your account. Although UiKnow will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of UiKnow or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Websites in a manner that sends more request messages to the UiKnow servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, UiKnow grants the operators of public search engines permission to use spiders to copy materials from the site from those areas not expressly prohibited by "robot.txt" for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. UiKnow(or UiKnow?) reserves the right to revoke these exceptions either generally or in specific cases. All uses of automated system, including without limitation, "robots," "spiders," etc., for other than publicly available searchable indices of the materials are prohibited. Use of "offline readers," etc., for other than individual, personal use are prohibited. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.
D. You may not access the Websites with any automated system, script, software program, etc., that performs any user function such as uploading Search Space files, registering as a user, rating/reviewing files, etc.
E. You must not abuse, harass, threaten, impersonate or intimidate other UiKnow users.
F. You must not modify, adapt or hack the UiKnow Websites or modify another website so as to falsely imply that it is associated with UiKnow.com.
G. You must not transmit any worms or viruses or any code of a destructive nature.
H. You must not, in the use of the UiKnow Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
The content on the UiKnow Websites, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to UiKnow, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. UiKnow reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the UiKnow Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the UiKnow Websites or the Content therein.
A. The UiKnow Website may now or in the future permit the submission of Search Spaces images or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, UiKnow does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize UiKnow to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to UiKnow Websites, you hereby grant UiKnow and its users a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the UiKnow Websites and UiKnow's (and its successor's) business, including without limitation for promoting and redistributing part or all of the UiKnow Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the UiKnow Websites a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the UiKnow Websites.
C. In connection with User Submissions, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant UiKnow all of the license rights granted herein.
(ii) Publish falsehoods or misrepresentations that could damage UiKnow, the UiKnow Websites or any third party.
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
(iv) Post advertisements or solicitations of business (without the express, prior authorization from UiKnow to do so).
(v) If your Search Spaces are determined by UiKnow to be "SPAM" and contain graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other elements on external websites. The determination of a Search Space as "SPAM" is left solely up to the judgment of UiKnow.
(vi) Impersonate another person.
UiKnow does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and UiKnow expressly disclaims any and all liability in connection with User Submissions. UiKnow does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and UiKnow will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. UiKnow reserves the right to remove Content and User Submissions without prior notice for any reason. From time to time UiKnow may impose a size limit on some Search Spaces, if possible we will attempt to notify users if their file is rejected for excessive size however, if we are not able to contact the user we will remove the file without notice. UiKnow will also terminate a User's access to its Websites, if they are determined to be a infringer. A infringer is a User who has been notified of infringing activity and/or has had a User Submission removed from the Websites more than twice. UiKnow also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive size of the Search Space and/or images contained therein. UiKnow may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material (title, URL, description, user name and any other information reasonably available to you);
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
UiKnow's designated Copyright Agent to receive notifications of claimed infringement is:. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to UiKnow customer service through http://www.uiknow.com/kshare/pages/contact.jsp. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the UiKnow Websites, you will be exposed to User Submissions from a variety of sources, and that UiKnow is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UiKnow with respect thereto, and agree to indemnify and hold UiKnow, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. UiKnow permits you to link to materials on the Websites for personal, non-commercial purposes only. In addition, UiKnow provides an " UiKnow Viewer " feature, which you may incorporate into your own personal websites for use in accessing the materials on the Websites, provided that you include a prominent link back to the UiKnow websites on the pages containing the UiKnow Viewer file. However, you may not host UiKnow Viewer files created by other users. Similarly, you may post your own personal Search Spaces created with the UiKnow plug-in on your own personal website provided that you include a prominent link back to the UiKnow websites on the pages containing the Search Space files created with the UiKnow plug-in. However, you may not host UiKnow Search Space files created by other users. UiKnow reserves the right to discontinue any aspect of the UiKnow Website at any time.
YOU AGREE THAT YOUR USE OF THE UiKnow WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UiKnow, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. UiKnow MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UiKnow WEBSITES. UiKnow DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE UiKnow WEBSITES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UiKnow WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL UiKnow, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UiKnow WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT UiKnow SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites are controlled and offered by UiKnow from its facilities in the United States of America. UiKnow makes no representations that the UiKnow Website is appropriate or available for use in other locations. Those who access or use the UiKnow Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify and hold UiKnow, its officers, directors, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the UiKnow Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the UiKnow Website or through the UiKnow Services causes UiKnow to be liable to another.
By visiting or using the Web site and/or the Service, you agree that the laws of the State of Illinois , without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and UiKnow or any of its affiliates.
Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be submitted to confidential arbitration in Champaign, Illinois, except that, to the extent you have in any manner violated or threaten to violate UiKnow, UiKnow.com or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Illinois.
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 these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois , without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Google.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UiKnow without restriction.