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UbaShare.com Site Terms of Use Agreement

Welcome to UbaShare.comTM and its related services (the "UbaShare Service(s)" or "Service(s)"), an online group management site for operated by Collabridge LLC ("Collabridge"). By accessing any Web page of the UbaShare Website located at URL www.UbaShare.com (the "Website"), including this page, you agree to be bound by these Terms of Use (the "Site Agreement"), whether or not you create a Member account. In addition to the Site Agreement, there are separate Terms and Conditions you must agree to in order to become a Member.

This Site Agreement sets out the legally binding terms of your use of the Website and your Membership in the Service and may be modified by Collabridge from time to time, such modifications to be effective upon posting by Collabridge on the Website. By using the Website and UbaShare Services, you represent and warrant that you have the right, authority, and capacity to enter into this Site Agreement and to abide by all of the terms and conditions of this Site Agreement.

This Site Agreement includes Collabridge's Privacy Policy, Collabridge's Policy for Website Use, and any notices regarding the Website. You may also receive a copy of this Site Agreement by emailing us at: TermsofUse@UbaShare.com, using the subject heading; "Site Agreement."

1. Age Requirements and Eligibility. You must be eighteen years of age or over to use the Website in any way. Use of the Website and Membership in the Service is void where prohibited. You must use the Website in adherence with all applicable regulations, court orders, and laws. Collabridge does not accept content from incarcerated individuals or individuals under the age of eighteen.

2. Term. This Site Agreement will remain in full force and effect while you use the Website or are a Member. You may terminate your Membership at any time. Collabridge reserves the right to terminate your Membership for any reason, effective upon sending notice to you at the current confirmed email address in your Account Information. If Collabridge terminates your membership in the UbaShare Service because you have breached the Site Agreement, you will not be entitled to any recourse. This Site Agreement remains in effect after the Membership is terminated. Even if you discontinue your use of the Website, the terms of this Site Agreement will remain in effect.

3. Website Use. Use of the Website is for your sole personal use. Also, your membership in the UbaShare service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Further, you agree that:

  1. You will not make any attempt to directly access non-public areas of the computer systems used to deliver the Website
  2. You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
  3. You will not express or imply that any statements you make are endorsed by Collabridge or UbaShare, without our specific prior written consent.
  4. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or, in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents.
  5. You will not remove any copyright, trademark or other proprietary rights notices contained in the Website or other elements of the Service such as emails.
  6. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
  7. You will not "frame" or "mirror" any part of the Service, without the specific prior written consent of Collabridge.
  8. You will not use meta tags or code or other devices containing any reference to Collabridge, UbaShare, or the Website, or the UbaShare Service in order to direct any person to any other web site for any purpose.
  9. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website, UbaShare Service or any software used on or for the UbaShare Service or cause or enable others to do so.

4. Commercial Use Prohibition. The Website is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for any purpose, including the sending of unsolicited email, and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. You may not engage in advertising to, or solicitation of, other Members through the Website to buy or sell any products or services. You may not transmit any chain letters or junk email to other Members.

5. Outside Activities. Although Collabridge does not monitor the actions of its Members outside of the Website, it is a violation of the Site Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

6. Competitive Use Prohibition. Employees of any InterActive Corp. division or subsidiary and their agents; employees of any News Corp. division or subsidiary and their agents;employees of any Yahoo, Inc. division or subsidiary and their agents; employees of any Google, Inc. division or subsidiary and their agents; and employees of any company that provides online group organization and scheduling software, and their agents, are explicitly prohibited from accessing this Website online or offline, viewing or otherwise examining the Website as accessed by a third-party online or offline, or viewing any source code used to display the pages of the Website for any purpose other than reading the Site Agreement, unless otherwise agreed to in writing by Collabridge. By using the Website directly or indirectly, you represent and warrant that you have the right, authority, and capacity to enter into this Site Agreement on behalf of your employer. You are obligated to cause third parties with whom you interact regarding the Website or UbaShare Service to read and acknowledge their acceptance of all of the terms in this Site Agreement. Users of the Website are restricted from communicating any information acquired or developed through direct or indirect use of the Website for commercial or competitive purposes. Any use of such information by any third party to formulate, create, promote and/or launch new services that in any way copy, emulate, resemble or imitate the services delivered through this Website will constitute a breach of this agreement and will be investigated. Appropriate legal action will be taken, including without limitation the pursuit of civil and/or criminal redress and injunctive relief.

7. Content Rights. The Website contains the copyrighted material, trademarks, and other proprietary information of Collabridge, and its licensors. Collabridge owns and retains all proprietary rights in the Website and all related service and processes. You may not copy any information from the Website, for any purpose, except for the content of messages you send or receive as a Member. Except for that information which is in the public domain or for which you have been given written permission by Collabridge, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

8. Website Material. You are solely responsible for anything that you provide to the Website for display on any part of the Website (hereafter, "Submit"), including but not limited to your Member Information, Group Information, Group Responses and Messages. You understand and agree that Collabridge may review and modify or delete any information, messages, or photos (collectively. "Material") you Submit that in the sole judgment of Collabridge violates this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. You agree not to Submit Material that is illegal or is prohibited on the Website. Collabridge reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Material from the Website and terminating the Membership of such violators. Examples of prohibited Material include, but is not limited to, Material that, in the sole discretion of Collabridge:

  • claims to come from UbaShare or Collabridge or any source other than yourself;
  • promotes commercial activities and/or sales without the prior written consent of Collabridge, such as third-party products, services, contests, sweepstakes, trade, and advertising;
  • you know is misleading, false, or promotes illegal activities;
  • harasses or advocates harassment of another person or promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
  • is offensive to the online community, such as Material that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • involves the transmission of unsolicited mass mailing or "spamming";
  • constitutes or promotes copyright infringement, such as providing computer programs or links to them, or providing pirated music or links to pirated music files;
  • contains any HTML Material;
  • provides material that exploits people under the age of 18 in any manner, including in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides any information about illegal activities; and
  • solicits any information, such as name and address, passwords, usernames, email address, social security numbers, credit card information for commercial or unlawful purposes from other users;

9. Website Material Rights. By Submitting Material to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Collabridge a royalty-free, fully paid, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, reproduce, edit, modify, publish, translate, distribute, transmit, perform and display all content you submit, post to or transmit through the service, in whole or in part, and to prepare derivative works of, or incorporate into other works, such Material, and to grant and authorize sublicenses of the foregoing. In addition to all other rights and licenses herein, you grant to Collabridge worldwide, for the following purposes: (i) delivering your content to the appropriate users as described herein and on our site; (ii) storing your modified or unmodified content on our site for such purposes; (iii) using your content in our marketing materials and marketing efforts; (iv) using your unattributed Material for general distribution purposes in any form or via any media, whether or not such distribution earns revenue solely for Collabridge; (v) Collabridge may in the future make available a database, or edited books, of unattributed Material for resale to its users.

10. Modifications of UbaShare. Collabridge may modify or discontinue the UbaShare services with or without notice to any User, without liability to any User or any third party.

11. WARNING - PLEASE READ. It is possible that other UbaShare Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the UbaShare service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Collabridge is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the UbaShare service or release to others.

12. Member Anonymity. You may not use any information on the Website to attempt to contact another Member who is not a member of a Group with you through any means other than through the Website's messaging system. Failure to adhere to this term, as judged at Collabridge's sole discretion, will result in your removal from the site. It is your responsibility to report to Collabridge, by sending an email to abuse@UbaShare.com, any attempt by third parties to contact you through other means.

13. Copyrighted Material. You may not distribute, reproduce, or Submit in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner. Collabridge will take appropriate steps to investigate and resolve any claims of Copyright Infringement on the Website.

14. Disputes with Other Members. You are solely responsible for communication and other interactions with other Members. Although not obligated to, Collabridge reserves the right to monitor and assist in the resolution of disputes between Members.

15. Material Privacy. Collabridge LLC will adhere to its Privacy Policy. Although not obligated to, Collabridge reserves the right to monitor any Material Submitted to the site. This includes the content of messages, which should not be considered by you as private, confidential, or privileged communications. The personal information (including sensitive personal information) you Submit will be stored on computers. You consent to Collabridge using this information to allow you to participate in the Service. You also agree to read, review, comply with, uphold and maintain the Website's Privacy Policy and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a member of the Service, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service.

16. Warranty and Disclaimers. Collabridge is not responsible for any inaccurate postings, listings, or information on UbaShare, whether posted or caused by users, members, employees, equipment, programming, or conduct of users online or offline. Opinions, advice, statements, offers, or other information or Material made available through the UbaShare service are those of their respective authors and not of Collabridge, and should not necessarily be relied upon. Such authors are solely responsible for such content. Collabridge does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will Collabridge be responsible for any loss or damage resulting from anyone's reliance on information or other Material posted on the UbaShare service, or transmitted to UbaShare Members.

Although each member must agree to the Site Agreement, Collabridge cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement.

The Website and related UbaShare services are provided "AS-IS" and "AS AVAILABLE" and Collabridge expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Under no circumstances will Collabridge be responsible for any loss or damage, including but not limited to personal injury or death, resulting from anyone's use of the Website or the Service, any Material Submitted or viewed on the Website or sent to Members, or any interactions between users of the Website, whether online or offline. Collabridge is not responsible for any incorrect or inaccurate Material posted on the Website or in errors in delivery of the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website. Collabridge cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Collabridge is not responsible for the conduct, at any time whether online or offline, of any user of the Website. Collabridge assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user Material or communications. Collabridge is not responsible for any problems, failure, or malfunction of any kind related to or resulting from the use of its Website or other electronic communications with users or downloading materials in connection with the Website or other electronic communication.

17. Electronic Storage of Material. Collabridge assumes no responsibility for the accidental or unintentional deletion or failure to store Material, including but not limited to account information and messages between Members.

18. Limitation on Liability. Except in those jurisdictions where such provisions are restricted, in no event will Collabridge be liable to you or any third person for any consequential, indirect, incidental, exemplary, special, or punitive damages, including lost profits arising from your use of the Website or the Service, even if Collabridge has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Collabridge's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Collabridge for the Service during the term of membership.

19. U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (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.

20. Disputes. If there is any dispute involving the Website or any activities of Collabridge through the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

21. Indemnity. You agree to indemnify and hold Collabridge, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website 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.

22. Other. This Site Agreement, accepted upon the use in any way of the Website or information acquired by third parties through the Website, contains the entire agreement between you and Collabridge regarding the use of the Website and/or the UbaShare Service. If any provision of this Site Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You certify that you have read and that you agree to be bound by the terms and conditions in the Site Agreement and our Privacy Policy.

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