Utiliv.com Terms of Service
Welcome to Utiliv.com’s Terms of Service. Please read this carefully before using our site, services, or products. This is a legally-binding contract between you and Utiliv.com.
Use of the Services
- Eligibility. We only permit individuals who are at least 13 years old and can form legally binding contracts with us to use the Services, provide any personal information to Utiliv.com, or otherwise submit personal information through the Services. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these terms, so please provide accurate information about yourself. Utiliv.com may still refuse to let certain people access or use the Services. Utiliv.com may also change its eligibility criteria. Further, we offer the Services only for personal use, and not for the use or benefit of any third party.
Content and User Content
- Definition. For purposes of these Terms of Service, 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 this Agreement, “Content” also includes all User Content (as defined below).
- User Content. The term “User Content” means all Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. Users retain ownership and/or other applicable rights in User Content. Utiliv.com and/or third parties retain ownership and/or other applicable rights in all Content other than User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from accessing Content.
- Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- Content License from Utiliv.com to You. As a User of the Services, Utiliv.com grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely in connection with your use of the Services. This license does not allow you to use, reproduce, modify, distribute, or store any Content for other than purposes of using the Services without prior written permission from us. You also cannot sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
- User Content License Grant to Utiliv.com. When you submit, distribute, transmit, or post any communications or any other material to Utiliv.com (either through the Services or through our pages on third party sites, such as Instagram, Twitter and Facebook), you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media formats or distribution channels. You agree that this license includes the right for Utiliv.com to use your User Content to provide, promote, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free and will survive termination of your Account. Please note that we may use User Content without compensation of any kind to you, including if we use User Content for advertising or promotional purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use the User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing and marketing products. In addition to giving Utiliv.com a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt and promote such submissions, including after any termination of your Account. For clarity, we want you to know that this license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content. There are no restrictions on your ownership and license rights in your User Content unless you otherwise agree in writing. You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
- Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. 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 of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
Rules of Conduct
- As a condition of use, you promise not to 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.
- Submissions. When you submit User Content, you represent and warrant (a.k.a. you promise) that:
- you hold all necessary right, title and license to such materials (in other words, you own it or have the right to give it to us);
- that your submission of such materials to Utiliv.com does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights (you didn’t take it from someone else without permission); and
- all User Content you provide is accurate, complete, up-to-date and not misleading (you’re not lying).
- Form of User Content. In addition, any User Content must not
- include any profanity or obscene, indecent, or pornographic material;
- contain any unauthorized or unsolicited advertising, such as spam;
- contain software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonate any person or entity; or
- include anyone’s identification documents or sensitive financial information.
- Other Rules While Accessing Services. You may not do any of the following while accessing or using the Services:
- take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
- run any form of auto-responder or “spam” on the Services;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any Content from the Services;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;modify, translate, or otherwise create derivative works of any part of the Services;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations; or
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. All content, including User Content and third party content, is the responsibility of the party that creates it. Utiliv.com does not control or endorse any User Content or third party content, and we make no claims or representations regarding any content we do not create. We may provide links to third party sites or resources, but these links do not mean we endorse or have any associations with the third parties. Please note that any moderators, forum managers or hosts on the Services are not authorized as our spokespersons, and their views do not necessarily reflect those of Utiliv.com. If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. We take no responsibility related to third party content, User Content, or any actions resulting from your use of any part of the Services. Utiliv.com will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services, regardless of whether Utiliv.com or another party provides it.
DMCA Copyright Policy
In accordance with the Digital Millennium Copyright Act (the “DMCA”), Utiliv.com has adopted the following policy toward copyright infringement on the Services. If we believe a user may be infringing upon someone’s intellectual property rights, we may remove the material. If we believe someone is repeatedly infringing, we will terminate that person’s access rights. If you believe someone has posted on the Services a work that you own without your authorization, please send a notice of copyright infringement containing the following to our Designated Agent (whose contact information is below):
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Your contact information, including address, telephone number and, if available, e-mail address;
- A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
- A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringe.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at contact@Utiliv.com.
Certain of our Services or product offerings may be subject to payments of fees (the “Paid Services”). You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
- Billing. When you pay for something, Utiliv.com uses a third-party payment processor (the “Payment Processor”) to charge your payment account that you specify (e.g. credit card, etc). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
You release us from all liability relating to you acquiring or not acquiring Content through the Services. Utiliv.com’s website may at some points contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Utiliv.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY Utiliv.com OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, Utiliv.com DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
We hope this never happens, but if Utiliv.com gets sued because of something that you did, you agree to indemnify us. That means you’ll defend Utiliv.com (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation on Liability
IN NO EVENT WILL Utiliv.com OR ANYONE REPRESENTING Utiliv.com BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR Utiliv.com’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and Utiliv.com with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) with respect to the Services. Further, if any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect other terms. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
- Force Majeure. Sometimes things come up that are outside of our control. Because of that, 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.
- Assignment. These Terms of Service are personal to you. You cannot assign, transfer, or sublicense these Terms without first obtaining our consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms of Service are for convenience only and do not affect their interpretation.