This site (the "Site") is operated by Unobi Technologies
on behalf of Unobi Technologies. It is intended for your
personal entertainment, information, education and communication.
Please feel free to browse the Site; however, your access
and use of the Site is subject to the following terms of
service ("Terms of Service") and all applicable
laws. By accessing and browsing the Site, you accept, without
limitation or qualification, the Terms of Service. Please
note that this Site and the services offered are only open
to users 13 years of age or older. If you do not agree with
all of the following Terms of Service, please do not use
this Site.
Unobi Technologies reserves the right, at its sole discretion,
to change, modify or otherwise alter these terms and conditions
at any time. Changes and/or modifications shall become effective
immediately upon the posting. Please review these Terms
of Service periodically. Your continued use of the Site
following the posting of changes and/or modifications will
constitute your acceptance of these Terms of Service.
Use of Materials Contained on this Site
The Site contains material that is derived in whole or in
part from material supplied by Unobi Technologies and other
sources, and is protected by U.S. and international copyright
and trademark laws. No material (including but not limited
to the text, images, audio and/or video) and no software
(including but not limited to any images or files incorporated
in or generated by the software or data accompanying such
software) (individually and collectively the "Materials")
may not be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way or decompiled, reverse
engineered or disassembled, except that you may download
one copy of the Materials on any single computer for your
personal, non-commercial home use only, provided you keep
intact all copyright and other proprietary notices. Modification
of the Materials or use of the Materials for any other purpose
is a violation of Unobi Technologies’s or such other sources'
copyright, trademark and other proprietary rights. The use
of any such Materials on any other web site or networked
computer environment without Unobi Technologies’s express
written consent is prohibited.
Creative Submissions/Communications
Unobi Technologies does not accept or consider creative
ideas, suggestions or materials other than those Unobi Technologies
has specifically requested. This is to avoid the possibility
of future misunderstandings when projects developed by Unobi
Technologies’s staff might seem to others to be similar
to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative
suggestions, ideas, notes, drawings, concepts or other information
or if you transmit to the Site by electronic mail or otherwise,
communications including any data, questions, comments,
suggestions, or the like (collectively, the "Information"),
the Information shall be deemed, and shall remain, the property
of Unobi Technologies. None of the Information shall be
subject to any obligation of confidence on the part of Unobi
Technologies and Unobi Technologies shall not be liable
for any use or disclosure of any Information. Unobi Technologies
shall exclusively own any now known or hereafter existing
rights to the Information of every kind and nature throughout
the universe and shall be entitled to unrestricted use of
the Information for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Information.
Bulletin Boards, Chat Rooms, Postings
The Site may include bulletin boards, chat rooms and other
areas where users can post and/or exchange information,
ideas, opinions, photographs, images, videos, creative works
or any other materials (collectively "Bulletin Boards").
Unobi Technologies has limited control of the material delivered
to Bulletin Boards, and Unobi Technologies has no obligation
to monitor such Bulletin Boards. The messages do not necessarily
reflect the views of Unobi Technologies. In no event shall
Unobi Technologies assume or have any responsibility or
liability for any materials posted on Bulletin Boards or
for any claims, damages or losses resulting from their use
and/or appearance on this Site. Unobi Technologies reserves
the right at all times to disclose any information (including
the identity of the persons providing information or materials
on its Bulletin Boards) as necessary to satisfy any law,
regulation or governmental request. In addition, Unobi Technologies
reserves the right to edit, refuse to post or to remove
any information or materials, in whole or in part, that
in Unobi Technologies’s sole discretion are objectionable
or in violation of these Terms of Service.
By posting messages, uploading files, inputting data, or
engaging in any other form of communication through this
service, you are granting Unobi Technologies a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license
to:
1) Use, copy, sublicense, adapt, transmit, publicly perform
or display any such communication;
2) Sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect
to the communication.
The foregoing grants shall include the right to exploit
any proprietary rights in such communication, including
but not limited to rights under copyright, trademark, servicemark
or patent laws under any relevant jurisdiction.
Rules of Conduct
It is a condition of your use of the Bulletin Boards and
this Site that you do not:
1. Use any Bulletin Boards for any illegal purposes (or
to solicit any illegal act);
2. Restrict or inhibit any other user from using and enjoying
the Bulletin Boards;
3. Post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including images and
language; Post any message that solicits gambling or engage
in any gambling activity;
4. Transmit or upload any information, software or other
material which violates or infringes upon the rights of
others, including material which is an invasion of privacy
or publicity rights or which is protected by copyright,
trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission
from the owner or right holder.
5. Transmit or upload any information, software or other
material which contains viruses, time bombs, trojan horses,
cancelbots, worms or other harmful or deleterious components
or devices;
6. Post any defamatory, libelous, hateful, or harassing
messages, information or material;
7. Post, or transmit or in any way exploit any information,
software or other material for commercial purposes or which
contains advertising, promotion or marketing.
8. Use the Services for the purposes of sending junk email,
chain letters, duplicative or unsolicited messages or "spamming"
or in connection with contests, surveys or pyramid schemes.
9. Try to gain unauthorized access to the Services, other
users' accounts, or computers connected to the Services
though password mining or other means.
10. Interfere with another user's use and enjoyment of the
Services or any other individual's user and enjoyment of
similar services.
Contests and Sweepstakes, Auctions, and Other Activities
Unobi Technologies provides rules for certain activities
on this Site including, without limitation, e-mail services,
contests, sweepstakes, and auctions by Unobi Technologies
and in conjunction with third parties. These Terms of Service
are incorporated by reference to the specific rules, which
appear in connection with information about a particular
activity. To the extent that any conflict exists between
these Terms of Service and specific rules, the rules for
the activity in which you choose to participate shall govern.
Hyperlinks to Third Party Sites
The appearance of external hyperlinks does not constitute
endorsement by Unobi Technologies, its subsidiaries and
affiliates of the opinions or views expressed by these linked
websites and Unobi Technologies does not verify, endorse,
or take responsibility for the accuracy, currency, completeness
or quality of the content contained in these sites. Furthermore,
Unobi Technologies is not responsible for the quality or
delivery of the products or services offered, accessed,
obtained by or advertised by such sites. As such, neither
Unobi Technologies nor any of its subsidiaries and affiliates
will be responsible for any errors or omissions or for the
results obtained from the use of such information contained
in these sites. To the extent that these sites collect personal
information or postings from the end user, be advised that
in no event shall Unobi Technologies assume or have any
responsibility or liability for the manner in which such
information or postings are exploited or for any claims,
damages, or losses resulting from their use and/or appearance
on these sites. Finally, Unobi Technologies will under no
circumstances be liable for any direct, indirect, incidental
or special loss or other damage, whether arising from negligence,
breach of contract, defamation, infringement of copyright
or other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content
contained within these sites.
Termination of the Service
Unobi Technologies may terminate the Site or any services
included on or through the Site at any time with or without
cause or notice. Unobi Technologies shall not be liable
any party for such termination.
If you object to any of the Terms of Service contained herein,
you may discontinue use of the Site or services. You may
cancel any your subscription to Unobi Technologies newsletters
by following the directions provided in each newsletter
to which you have subscribed.
Shopping
UNOBI TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY
UNOBI TECHNOLOGIES ON THE SITE, INCLUDING BUT NOT LIMITED
TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that Unobi Technologies’s sole and exclusive maximum
liability arising from any product sold by Unobi Technologies
on the Site shall be the price of the product ordered.
IN NO EVENT SHALL UNOBI TECHNOLOGIES, ITS OWNERS AND AFFILIATED
ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER
REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT
SOLD ON OR THROUGH THIS SITE.
In the event a product is listed at an incorrect price or
with incorrect information due to typographical error or
error received from its suppliers, Unobi Technologies shall
have the right to refuse or cancel any orders placed for
product listed at the incorrect price. Unobi Technologies
shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged
for the purchase and your order is canceled, Unobi Technologies
will issue a credit to your credit card account or check
to the cardholder to the billing address in the amount of
the charge.
Your receipt of an electronic or other form of order confirmation
does not signify Unobi Technologies’s acceptance of your
order, nor does it constitute confirmation of Unobi Technologies’s
offer to sell. Unobi Technologies reserves the right at
any time after receipt of your order to accept or decline
your order for any reason. Unobi Technologies reserves the
right at any time after receipt of your order, without prior
notice to you, to supply less than the quantity you ordered
of any item. All orders placed over $200.00 (U.S.) must
obtain pre-approval with an acceptable method of payment.
Unobi Technologies may require additional verifications
or information before accepting any order. Unobi Technologies
may automatically charge and withhold the applicable sales
tax for orders. Otherwise, you are solely responsible for
all sales taxes, or other taxes, on orders and prizes shipped
to you.
All requests for service and support should be made directly
to the manufacturer in accordance with their terms and conditions.
Indemnification
You agree to indemnify, defend and hold harmless, Unobi
Technologies, its owners, its affiliates, and their respective
officers, directors, employees, agents, licensors, representatives,
and third party providers to the Site from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these Terms
of Service by you. Unobi Technologies reserves the right
to assume, at its sole expense, the exclusive defense and
control of any matter subject to indemnification by you,
in which event you will fully cooperate with Unobi Technologies
in asserting any available defenses.
Limitation of Liability/Disclaimer
Your use and browsing of the Site is at your risk. If you
are dissatisfied with any of the Materials or Services contained
in the Site, or with any of these Terms of Service, your
sole and exclusive remedy is to discontinue accessing and
using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, NEITHER UNOBI TECHNOLOGIES NOR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE
FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that Unobi Technologies
is not liable for any defamatory, offensive or illegal conduct
of any user.
Unobi Technologies also assumes no responsibility, and shall
not be liable for any damages to, or viruses that may infect,
your computer equipment or other property on account of
your access to, use of, or browsing in the Site (including
any Bulletin Board) or your downloading of any Materials
from the Site.
Unobi Technologies does not warrant or make any representations
of any kind or nature with respect to the Materials. Therefore,
you are responsible for compliance with local laws, if and
to the extent local laws are applicable.
Miscellaneous
Unobi Technologies operates and controls this site from
its offices in Charlotte, North Carolina, 28262, United
States of America. This site is intended exclusively for
residents of the United States.
Unobi Technologies makes no representation that materials
on this Site are appropriate or available for use in any
particular location. Those who choose to access this Site
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Software from this Site is further subject to United States
export controls. No software from this site may be downloaded
or otherwise exported or reexported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria
or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country
or on any such list.
These Terms of Service contain the entire understanding
and supersede all prior understanding of the parties hereto
relating to the subject matter hereof, and cannot be changed
or terminated orally. If any provision of these Terms of
Service are found to be illegal or unenforceable, these
Terms of Service will be deemed curtailed to the extent
necessary to make it legal and enforceable and will remain,
as modified, in full force and effect.