Terms of service
Last Updated: March 28th, 2016
Welcome to ukoment.com, the website and online service of uKoment Limited ("uKoment," "we," "us" or "our"). This page explains the terms by which you may use our online and/or mobile services, web site, features, content, the uKoment application (the "Application") and software provided on or in connection with the uKoment service (collectively the "Services"). By accessing or using the Services in any manner, including but not limited to visiting or browsing ukoment.com (the “Site”), you signify that you have read, understand and agree to be bound by the terms of use and conditions set forth below, as amended from time to time, (the "Terms") and to the collection, use, and disclosure of your information as set forth in our Privacy Policy, as modified from time to time, and which is incorporated by reference herein. These Terms apply to all visitors, users, and others who access the Services, including but not limited to users who are contributors of content, information, and other materials or services, registered or otherwise ("Users").
We provide the Services for your use subject to the following Terms. We reserve the right, in our sole discretion, to change or modify portions of these Terms at any time. If we modify these Terms, we will post a notice at the top of the Site for a period of seven (7) days. Your continued use of the Services constitutes your acknowledgement of, acceptance of, and agreement to the revised Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services.
Additional terms and conditions may apply to certain services provided by uKoment, and you agree that you shall be subject to any additional terms applicable to such services that may be posted on the Site or otherwise made available to you from time to time. All such terms are hereby incorporated by reference into these Terms.
Eligibility
Our Services are intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Services by anyone under 13 is unauthorized and in violation of these Terms. By using the Services, you represent and warrant that you are 13 years of age or older. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your personal use, and not for any commercial use or the use or benefit of any third party.
Access and Use of the Services
Registration may not be required to view content on the Site, but even unregistered Users are bound by these Terms.
Your Registration Obligations: To sign up for the Services, you must register for an account on the Services (an "Account") using an email address. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as an email address a name of another person with the intent to impersonate that person; or (ii) use as an email address a name subject to any rights of a person other than you without appropriate authorization. Your Account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an Account on behalf of a company, organization, school, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Without limiting the generality of the foregoing, if you are a teacher or other representative of a school and/or district, you represent and warrant that you have permission from your school and/or district to enter into these Terms and to use the Services as part of your curriculum. If you choose to register for an Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by our registration form. The information you submit to us when you register ("Registration Data") and certain other information about you are governed by our Privacy Policy as well as these Terms, as discussed above.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for any and all activities that occur under your password or Account. You agree to (a) immediately notify uKoment of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session when accessing the Services. uKoment will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: uKoment reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) or any User Account with or without notice. You agree that uKoment shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
General Practices Regarding Use and Storage: You acknowledge that uKoment may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by uKoment and the maximum storage space that will be allotted on uKoment's servers on your behalf. You agree that uKoment has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by or through uKoment, including without limitation, User Content (as defined below). You acknowledge that uKoment reserves the right to terminate Accounts that are inactive for an extended period of time. You further acknowledge that uKoment reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Your continued use of the Services signifies your acceptance to such changes.
Conditions of Use and User Content
You agree to use the Services only in compliance with these Terms. For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms, "Content" also includes all User Content (as defined below).
User Content: You are solely responsible for all that you create, add, submit, distribute, upload, import, annotate, highlight, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service, including without limitation (i) Registration Data, (ii) the information you include in your profile, which may include your handle or profile page for third party accounts like Facebook and Twitter and your photo, (iii) your comments on the Services (provided that the composition of any such summaries shall be created by and owned by uKoment), and (iv) any bodies of text, graphics, articles imported from other websites or sources, or highlights or annotations of such articles that you post to the Service (collectively, “User Content”). You represent and warrant that the User Content and all other content submitted to the Services through your Account or otherwise posted, transmitted, or distributed by you on or through the Services will not violate or infringe upon the rights of any third party, including any Intellectual Property Rights (as defined below), privacy, publicity or other personal or proprietary rights, and that such User Content shall not contain libelous, defamatory, obscene or otherwise unlawful or inappropriate material. You agree not to post any User Content without any permission or consent that may be required in order for you to do so. Please refer to the website you were visiting when you imported such Content for copyright notices, information and restrictions that may be applicable to such User Content. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
If you register for an Account with us, we will display certain portions of your User Content to other Users, including without limitation your user name and your posts. You acknowledge and agree that we have no obligation to display any particular item of User Content and may filter the display of User Content in our sole discretion for no reason or for any reason. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) remove or block any Content from the Services.
uKoment shall not be liable for any dysfunction or defect in the privacy management system, and shall not be liable for any damages in the event that private Content is made public or accessible to unintended users or third parties.
UKOMENT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS OR SENDS OVER THE SERVICES. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF POSTING OR PUBLISHING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT UKOMENT SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF ANY USER CONTENT.
User License: Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services solely for your personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. uKoment reserves all rights not expressly granted herein in the Services and the uKoment Content (as defined below). uKoment may terminate this license at any time for any reason or no reason.
License Grant to uKoment: When you post Content to the Services or otherwise submit it to us, you hereby grant, and you represent and warrant that you have the right to grant, to uKoment an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense through multiple tiers) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), create derivative works of, distribute and otherwise fully exploit all Intellectual Property Rights in and to such User Content for purposes of providing, operating and promoting the Services or otherwise conducting the business of uKoment. If you choose to let other users find you via the Services and/or via connected services through the Services, such as Facebook, Twitter, or Linkedin and view your “liked” or posted items, you also hereby do and shall grant each such user of the Site and/or the Services who finds your Account a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. Subject to the rights granted to us in these Terms, you retain full ownership of your User Content; provided, however, that uKoment owns all right and title in and to the collective content of the Services, including without limitation to the extent your User Content forms a part of any work of authorship presented or displayed on the Services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other Intellectual Property or proprietary rights. You are solely responsible for your interactions through the Services with other Users. We are not liable for any uses of your User Content by any third party that had access to your User Content while such User Content was available on or through the Services.
Prohibited Conduct: As a condition to using the Services, you shall not use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by uKoment. uKoment reserves the right to investigate and take appropriate legal action against anyone who, in uKoment's sole discretion, violates this provision, including without limitation, removing the offending Content from the Services, suspending or terminating the account of such Users and reporting you to the law enforcement authorities. You agree to not use the Services to engage in any prohibited, illegal, or harmful activity, including without limitation:
Submissions: In addition to the license grant to User Content set forth above, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Services ("Submissions"), provided by you to uKoment are non-confidential and uKoment shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that uKoment may preserve and store User Content and other content for any period of time and may also disclose User Content and other information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content (including your User Content) violates the rights of third parties; or (d) protect the rights, property, or personal safety of uKoment, its users and the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Fees: You acknowledge that uKoment reserves the right to charge for any portion of the Services and to change its fees (if any) from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Site or otherwise made available to you by uKoment.
International Use: Downloading or using any available software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws, including any applicable export control laws, regarding your use of the Services and any software, including as it concerns online conduct and acceptable content.
Updates and Upgrades: We are not obligated to maintain or support the Site, or to provide you with updates, upgrades or services related thereto. You acknowledge that uKoment may from time to time in its sole discretion issue updates or upgrades to the Site. You agree that the terms and conditions of these Terms will apply to all such updates or upgrades.
Intellectual Property Rights
uKoment Content: Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "uKoment Content"), and all Intellectual Property Rights related thereto, are the exclusive property of uKoment and its licensors (including other Users who post User Content to the Services). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any uKoment Content. Use of the uKoment Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Except as expressly authorized by uKoment in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, or create derivative works based on the Services or the uKoment Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload to the Services. In connection with your use of the Services you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services or the uKoment Content other than as specifically authorized herein is strictly prohibited. As between you and uKoment, the technology and software underlying the Service or distributed in connection therewith (the "Software") is the exclusive property of uKoment, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by uKoment.
Trademarks: "uKoment" and other uKoment graphics, logos, designs, page headers, button icons, scripts and service names (whether or not they appear at any given time on the Services) are the trademarks, trade names or trade dress of uKoment in any country. You may not use uKoment's trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product, program, display or service in any manner that is likely to cause confusion or create the impression that uKoment endorses any product or service. You may not reproduce or use uKoment's trademarks or trade dress without the prior written permission of uKoment.
Product and service names and logos used and displayed via the Services, other than the trademarks of uKoment described above, may be trademarks or service marks of their respective owners who may or may not endorse or are affiliated with or connected to uKoment. Nothing in these Terms or on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of trademarks displayed on the Services without our prior written permission in each instance. All goodwill generated from the use of uKoment trademarks will inure to our exclusive benefit.
Third Party Websites, Links and Material: The Services may permit you to link to other websites, applications, services or resources on the Internet, and other websites, applications, services or resources may contain links to the Services. The Services may also permit you to link your Account to other services for sharing what you find, or finding other uKoment users among your friends. Such other services may include Google, Facebook, Twitter or Linkedin. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. If you decide to leave the Site and access third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies (including our privacy policy) no longer govern your use of such third party sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from that site.
uKoment is not responsible for cookies, web beacons, clear gifs, or other code you or any third parties place on your computer or device in any way, including any association of Services content with such code. For example, if you access a third party site through a link on the Services, your browser or other cookies on your computer may cause a referrer header to be sent to that site indicating some of your browsing history or the URL from which your visit originated. uKoment shall have no liability to you in connection with any such transmission, whether or not that transmission contains information associated with or originating from uKoment.
Under no circumstances will uKoment be liable in any way for any content posted by third parties or at the direction of Users, including, but not limited to, for 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 User Content posted, emailed or otherwise transmitted via the Services. You acknowledge that uKoment does not pre-screen any User Content or Content provided by any third-party, but that uKoment and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content or third-party Content that is available via the Services. Without limiting the foregoing, uKoment and its designees shall have the right to remove any User Content or third-party Content that violates these Terms or is deemed by uKoment, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content found on the Services, including any reliance on the accuracy, completeness, or usefulness of such content.
Downtime: The Services may be temporarily unavailable from time to time for maintenance or other reasons. uKoment shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications, User Content, or any other content made available via the Services. Under no circumstances will uKoment be responsible for any personal injury or death resulting from the use of the Services, any User Content or third party Content, or any use of products or services provided by Users.
Copyright Complaints: uKoment has adopted a policy of terminating, in appropriate circumstances and at uKoment's sole discretion, Users who are deemed to be copyright infringers. uKoment may also at its sole discretion limit access to the Services and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Services
From time to time, you may enable various online services to be directly integrated into your uKoment experience. By directly integrating these services into the uKoment functionality, we may make your online experiences richer, and more personalized. To take advantage of these features, we may ask you to register for or log into the services on the Services of their respective providers. If you enable third party services within the uKoment functionality, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and uKoment's use, storage and disclosure of information related to you and your use of such services within uKoment (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and uKoment shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within your uKoment Services.
In addition, uKoment is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, uKoment is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. uKoment may enable these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to defend, indemnify and hold harmless uKoment and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, injury (including death), costs or debt, and expenses (including but not limited to attorney's fees) arising from or relating to: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term or condition of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Content or any Content that is submitted via your Account; or (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code. For the avoidance of doubt, your indemnity obligations include, without limitation, claims against uKoment that any of your User Content infringes a third party's Intellectual Property Rights.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UKOMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
UKOMENT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (VI) THE PRIVACY MANAGEMENT SYSTEM WILL BE UNTERRUPTED OR ERROR-FREE.
UKOMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE UKOMENT SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND UKOMENT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UKOMENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UKOMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY PARTY; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) YOUR USER CONTENT; OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL UKOMENT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID UKOMENT IN THE LAST SIX (6) MONTHS, OR, FIVE HUNDRED DOLLARS ($500).
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Governing Law, Forum.
Governing Law, Forum: These Terms, the Site and the Services and all the rights and obligations of the parties shall be governed and construed in accordance with the laws of the Dubai International Financial Centre (“DIFC”), United Arab Emirates and the federal laws of the United Arab Emirates applicable thereto. Any dispute between the parties in connection with the formation, performance, interpretation, nullification, termination or invalidation of these Terms or the Site or Services, or arising therefrom or related thereto in any manner whatsoever (which cannot be settled amicably) will be brought solely in the Dubai International Financial Centre Courts.
Termination
In addition to the termination rights set forth elsewhere herein, you agree that uKoment, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Services and remove and discard any Content (including without limitation your User Content) within the Services, for any reason, including, without limitation, for lack of use or if uKoment believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services may be referred to appropriate law enforcement authorities. uKoment may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that uKoment may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Services. Further, you agree that uKoment shall not be liable to you or any third-party for any termination of your access to the Services.
If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon the termination of a paid subscription for Subscription Services, any of the data stored as part of your Subscription Services (including, for example, copies of content in your permanent Account or library), will be stored for thirty (30) days. Following such thirty (30) day period, we will have no obligation to save any such data.
User Disputes
You agree that you are solely responsible for your interactions with any other User in connection with the Services and uKoment will have no liability or responsibility with respect thereto. uKoment reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Services or to elect to display only certain of the User content submitted in connection with a particular uKoment subdomain.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior consent, but may be assigned by uKoment without restriction. Subject to the preceding sentence, the rights and liabilities of the parties hereto is binding on, and shall inure to the benefit of, the parties and their respective successors and assigns. Any attempted transfer or assignment in violation hereof shall be null and void.
General
These Terms constitute the entire agreement between you and uKoment and govern your use of the Services, superseding any prior agreements between you and uKoment with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use certain features of the Services, affiliate or third-party services, third-party content or third-party software. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The failure of uKoment to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred, unless required otherwise by applicable law. A printed version of these Terms 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. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or mail through an international courier service provider. The Site may also provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on the Site. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
Notice for California Users
Under California Civil Code Section 1789.3, Users of the Service from California are entitled to the following specific consumer rights notice:
Contact
Please contact us contact@ukoment.com with any questions regarding these Terms.