II. Effective date.
IV. Creating content on our Site.
V. You continue to own the User Generated Content You submit, but we and others may use it.
VI. We may disclose and/or remove content including User Generated Content.
- Digital Millennium Copyright Act. If You are a copyright owner or their agent and believe that any content including without limitation User Generated Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing [see 17 U.S.C 512(c)(3) for full details, since what follows is only a summary]:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Unidesk’s designated copyright agent for notice of alleged copyright infringement appearing on the Web site is Unidesk Corporation, Attn: Copyright Agent, 313 Boston Post Road West, Marlborough, Massachusetts 01752, email: copyright(at)unidesk.com, fax: 508-573-7801. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Unidesk customer service through support(at)unidesk.com. You acknowledge that if You fail to comply with all of the requirements of this notification provision Your DMCA notice may not be valid.
VII. Other Intellectual Property Rights
- Authorized and prohibited uses. You may access, use and display this Web site on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as You comply with these terms and conditions and applicable laws. Permission is hereby granted to the extent necessary to lawfully access and use this Web site and to display, download, or print portions of this Web site on a temporary basis, provided that You (i) do not modify the Content, (ii) You retain any and all copyright and other proprietary notices contained in the Content, and (iii) You do not copy or post the Content on any network computer or broadcast the Content in any media. Otherwise You may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Web site or the Content without the prior written permission of Unidesk; provided, however, if the functionality of the Web site permits the emailing of certain Content or a link through the use of an "email to a friend" (or similar) icon, You may send that particular Content or link to others by email, as indicated. You will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Web site or the content.
- Feedback. You may provide feedback to Unidesk with respect to our Web sites, products or services, and doing so will be considered entirely voluntary on Your part. Unidesk may use feedback freely for any purpose and in any way without obligation of any kind. To the extent a license is required under Your intellectual property rights to make use of the feedback, You hereby grant Unidesk an irrevocable, non-exclusive, perpetual, royalty free license to use the feedback in connection with Unidesk's business, including without limitation enhancement of our products, services or other offerings.
- Third Party Sites and Other Information. As a convenience to You, this Web site may contain content, links, and other information submitted by third parties over whom Unidesk has no control or responsibility. Unidesk has no obligation to You to monitor, control or restrict the use of this Web site, or third party websites accessible via links on this Web site. These other sites are not under the control of Unidesk, and You acknowledge that (whether or not such sites are affiliated in any way with Unidesk) Unidesk is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Unidesk or any association with its operators.
VIII. Web site and registration administration
- Registrations and passwords; conduct. Unidesk may or may not at times require You to have a password and provide registration details to access this Web site or portions of this Web site. If Unidesk does require a password and registration details, it shall be a condition of use of this Web site that all the details You provide are correct, current and complete. If Unidesk believes that the details are not correct, current or complete, we will have the right to refuse You access to our Web site, or any of its resources, and to terminate or suspend You account, if any. You are responsible for maintaining the confidentiality of any password(s) You are given to access our Web site, and You are fully responsible for all activities that occur under Your password(s). You agree to notify Unidesk immediately of any unauthorized use of Your password(s). Unidesk reserves the absolute right not to issue a password to any person or entity.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNIDESK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE UNIDESK WEB SITE, THE CONTENT ON IT AND YOUR USE OF THEM, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Unidesk makes no warranties or representations about the accuracy or completeness of this Web site's content or the content of any Web sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies, (ii) any unauthorized access to or use of our secure servers and/or any and all information stored there, (iii) any interruption or cessation of transmission to or from our Web site, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Web site by any third party, and/or (v) 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 content posted, emailed, transmitted, or otherwise made available via our Web site. No representation or other affirmation of fact, whether made by Unidesk employees, on the Unidesk Web site or otherwise, shall be deemed a warranty by Unidesk for any purpose or give rise to any liability of Unidesk whatever . You agree that Your use of the Unidesk Web site shall be at Your sole risk and liability.
X. Limitation of liability
IN NO EVENT SHALL UNIDESK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE UNIDESK WEB SITE OR ANY CONTENT ON IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UNIDESK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF YOUR REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. UNIDESK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
UNIDESK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE UNIDESK WEB SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUCH LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, UNIDESK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You understand that when using the Web site, You will be exposed to content from a variety of sources, and that Unidesk is not responsible for the accuracy, usefulness or safety of or relating to such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Unidesk with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Unidesk, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to Your use of the Web site.