Welcome to UXPressia, a service offered by UXPressia, Inc. registered in California (“Company”). The following terms and conditions (the “Terms”) govern all use of the website and all content (including User Content, defined below), services and products available at or through the website, including, but not limited to online uploads, display, delivery, acknowledgment, and limited storage services for documents (collectively, the “Services”) (the website, content and Services collectively known as the “Website”).
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of the Website after such changes have been published to our Services will constitute your acceptance of such revised Terms.
License to Use our Services
Subject to these Terms, we and our licensors grant you a limited, personal, non-exclusive, non-transferable license to use our Services for your personal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all the rights, title and interests in and to our Services, including all related intellectual property rights. Our Services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services. Any rights not expressly granted herein are reserved by us. Copyright 2014 UXPressia, Inc. All rights reserved.
Your UXPressia Account
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. UXPressia may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause UXPressia liability. You must immediately notify UXPressia of any unauthorized uses of your account or any other breaches of security. UXPressia will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Cancelling Your Account
Your UXPressia account will continue in effect unless and until you cancel or we terminate it. If you are a paid account user, you must cancel your account before it renews for the selected cycle in order to avoid billing of the next cycle’s fees to your credit card. UXPressia will bill the fees associated with your paid account to the credit card you provide during or after the registration (or to a different credit card if you change your account information). We will not process any refunds.
By signing up for a paid account and providing UXPressia with your payment account information, you hereby agree to these payment terms and conditions.
You represent and warrant that (1) any information you provide in connection with your use of the Website is true, accurate and complete and you will maintain and update such information regularly; and (2) you will respect the intellectual property and other informational and all rights of UXPressia and others. In these Terms, the content you or other users upload to the Website, includes, but is not limited to, documents, pictures, video, graphics, files, texts, personalization settings and other information or content, which is or may be provided to UXPressia or placed on the user’s UXPressia profile page or inputted or uploaded by you via the Website or related means (“User Content”).
Prohibited User Content
You agree that you will not under any circumstances transmit any Content (including software, text, images, or other information) that:
- is unlawful or promotes unlawful activities;
- defames, harasses, abuses, threatens, or incites violence towards any individual or group;
- is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
- impersonates any person or entity, including any of our employees or representatives; or
- violates the privacy of any third party.
Review of User Content by UXPressia
UXPressia cannot and does not undertake to screen, review, edit, censor or otherwise filter or control User Content or the behavior of users of User Content or the Website. However, UXPressia may, but shall not be obligated to, review, either by manual or automated means, all User Content which is or may be uploaded on this site, and monitor or review any areas of this site where users transmit or post communications or communicate with each other or UXPressia (as applicable). UXPressia reserves the right (but disclaims any obligation) to reject, not post, not use, remove, amend, deny access to and/or delete any User Content, without notification, which it, in its sole discretion, considers to be inappropriate or distasteful or otherwise in breach of these Terms (or their spirit) and without any requirement for any complaint or claim in respect of the relevant User content to be formally commenced or proved. UXPressia retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing that UXPressia disclose the identity of anyone posting User Content.
UXPressia is Not a Law Firm or Providing Legal Advice
Part of the Services on the Website may result in communications with or the engagement of attorneys. Please carefully review the following disclaimers in respect of your interaction with law-related content and attorney users of the Website:
- UXPressia Is Not A Law Firm. UXPressia is not offering legal representation. UXPressia does not offer any legal advice, legal opinions, recommendations, referrals, or counseling. Website users are not the employees or agents of UXPressia. UXPressia is not involved in any agreements between you or in their representation of you. At no point may UXPressia be held liable for the actions or omissions of any user performing consulting services for you. Fees for legal services are not shared between legal professionals and UXPressia.
- The Website Is Not An Attorney Referral Service. UXPressia does not select or endorse any individual user to service you. UXPressia takes no responsibility for the verification of attorney users’ licensing status or good standing in their respective jurisdictions. We do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any user. UXPressia does not warrant or guarantee that users are covered by professional liability insurance. We encourage you to research any user before accepting professional advice.
- UXPressia does not vouch for any of its users. Providing a service where potential clients and legal professionals can meet does not imply an endorsement of any subscribing attorney or service provider. UXPressia does not sanction statements an attorney may post on the system. UXPressia makes no representation concerning the qualifications of non-attorney legal service providers.
- UXPressia Does Not Guarantee Results. UXPressia will have no responsibility or liability of any kind for any User Content you encounter on or through the Website, and any use or reliance on User Content is solely at your own risk.
- Use of the Website Does Not Create An Attorney-Client Relationship With UXPressia. UXPressia does not offer legal advice or services. Any use of the Website is not intended to, and does not; create an attorney-client relationship. Any communication directly to UXPressia may not be held confidential. UXPressia is not liable for the actions or omissions of any other user performing consulting services for you.
Disclaimer of Liability
UXPressia is under no obligation to become involved in any dispute that you have with other users or in any incident that you are party to with other users, or that are affected by or otherwise related to this site.
UXPressia disclaims all liability relating to any User Content, including any error, virus, defamation, libel, obscenity or inaccuracy contained in any User Content, whether or not arising under the laws of copyright, libel, privacy or otherwise, any prohibited User Content and any other User Content.
UXPressia disclaims all liability for unauthorized use (by other users) of User Content, and disclaims (without limitation) all liability for use of User Content which breaches any copyright, trademark rights or other intellectual property rights of any other user or person.
You are solely responsible for any damage (including to the Website) resulting from use (or submission) of any User Content or the Website (including disputes and incidents described in the preceding sections) and related transactions or occurrences. UXPressia is not responsible for unauthorized access to your account, or automatic forwarding of messages and/or viruses (caused by viruses or otherwise).
The limitations on and exclusions of liability in these Terms apply regardless of whether the liability is based on breach of contract, tort (including negligence or defamation), strict liability, breach of warranties, or any other legal theory.
Disclaimer of Warranties
THE USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the services or any service content, and reliance on the services and service content is at your own risk. Any material that you access or obtain through the services is done at your own discretion and risk and you will be solely responsible for any damages to your computer or loss of data that results from the download of any material through the services. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UXPRESSIA OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
You agree to indemnify and hold UXPressia, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Website, including, without limitation, User Content, your violation of these Terms, or your violation of any rights of a third party through use of the Website or User Content.
Copyright Infringement and DMCA Policy
If you believe that material located on or linked to by UXPressia violates your copyright, you are encouraged to notify UXPressia in accordance with our Digital Millennium Copyright Act Policy (“DMCA Policy”).
UXPressia respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, UXPressia will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of UXPressia or others. UXPressia may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to Company’s designated copyright agent at the address provided by the California Secretary of State. If UXPressia takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to UXPressia. Any DMCA infringement notice may be forwarded to the party that made the content available and or to any interested third parties.
If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to Company’s copyright agent using the contact information set forth above.
If a counter-notice is received by Company’s copyright agent, UXPressia may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user; the removed content will be reinstated on the Website in ten (10) to fourteen (14) business days after receipt of the counter-notice.
This Agreement constitutes the entire agreement between UXPressia and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of UXPressia, or by the posting by UXPressia of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may not assign your rights under this Agreement to any other party without UXPressia’s express written consent; UXPressia may assign its rights under this Agreement without conditions. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assignees.
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