PRIVACY, SECURITY POLICIES, TERMS AND ACCEPTABLE USE STATEMENT FOR SITE
The use of the web site (the “Web Site”) is subject to the terms and conditions stated herein and to the terms set by the Site Owner (UDiON Foundation) located at www.UDiONfoundation.org. Use of the Web Site constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. UDiON Sites, UDiON Sites Network, WinTotal, InterFlood, and Pocket Total are among the products owned by UDiON. Website has several features including descriptions of our programs and how we help orphaned and abandoned children in the Bangladesh and around the world. The website also gives you the opportunity provide direct support to UDiON Foundation via online donations, sponsorships and an opportunity to browse our postings. We encourage you to read this statement in its entirety as it sets forth our mutual understanding when you visit our website.
Throughout this statement of policies and agreements, you will see the terms “UDiON,” “we,” “our,” and “us” – these terms refer to UDiON Foundation, a USA based 501(c)(3) non-profit corporation. You will also see the terms “you,” “your,” and “yours” – these terms refer to visitors and users of our Website.
OUR WEB SITE ~
Do I have to submit any personal information in order to visit the UDiON website?
We do not ask you to submit personal information if you are just browsing our website. However, if you choose to make an online donation, become a sponsor, or subscribe to our email newsletter, you may be required to provide us with personal information including your name, email address and other identifying information.
USE OF OUR SERVICE ~
- EligibilityYou may use the Service only if you can form a binding contract with UDiON Foundation, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by UDiON Foundation.
- UDiON Foundation Accounts
Your UDiON Foundation 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. By connecting to UDiON Foundation with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify UDiON Foundation immediately of any breach of security or unauthorized use of your account. UDiON Foundation will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your profile page. By providing UDiON Foundation your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the UDiON Foundation servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that UDiON Foundation grants the operators of public search engines revocable permission to use spiders to copy materials from UDiON Foundation.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other UDiON Foundation Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. UDiON Foundation shall have no liability for your interactions with other Users, or for any User’s action or inaction.
USER CONTENT ~
Some areas of the Service allow Users to post content such as profile information, wishlists, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. UDiON Foundation reserves the right, but is not obligated, to reject and/or remove any User Content that UDiON Foundation believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “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. In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and UDiON Foundation’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- UDiON Foundation may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
UDiON Foundation 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 Service. 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 UDiON Foundation shall not be liable for any damages you allege to incur as a result of User Content.
USER CONTENT LICENSE GRANT ~
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to UDiON Foundation a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
END USER LICENSE GRANT ~
UDiON Foundation Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. UDiON Foundation reserves all rights not expressly granted herein in the Service and the UDiON Foundation Content (as defined below). UDiON Foundation may terminate this license at any time for any reason or no reason.
OUR PROPRIETARY RIGHTS ~
Except for your User Content, the Service 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 (the “UDiON Foundation Content”), and all Intellectual Property Rights related thereto, are the exclusive property of UDiON Foundation and its licensors. Except as explicitly provided herein, nothing in this Agreement 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 materials or content accessible on the Service. Use of the UDiON Foundation Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place UDiON Foundation under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, UDiON Foundation does not waive any rights to use similar or related ideas previously known to UDiON Foundation, or developed by its employees, or obtained from sources other than you.
YOUR PRIVACY ~
Does UDiON ever collect personal information, such as my name, address or credit card information, through its web site?
To make online contribution to UDiON, we may ask you to provide credit card or other billing information. This includes, but may not be limited to, your name, address, billing address, credit card type, number, and expiration date. In addition, to subscribe to our newsletter, you may be asked to submit personal information including name, address, and email address.
How is personal information used by UDiON, and can I control its use?
Personal information will be used only internally by UDiON to provide you updates on information you have requested. You do not have to disclose any personal information if you do not want to. Simply do not use those web site services or features that require such information. Our interest is to offer you convenient online services that match your interests.
What are “cookies,” and does the UDiON website use “cookies?”
How does UDiON use “cookie” information and can I control its use?
Cookie information is used by UDiON to keep and sometimes track information about you in order to deliver better and more personalized services and better administration of our website. For example, we may use the information for tracking which areas of our website you have visited, and how frequently. In addition, cookies help us to diagnose problems with our server. We may use domain names and e-mail addresses to gather demographic information about our user community. We may also match information obtained from cookies with other data you, or third parties, provide in order develop statistics. This type of information helps UDiON provide services and site content that is interesting to our visitors.
Please check your computer or software manual for specifics on how cookies work on your particular computer. It is possible to block cookies from being loaded onto your computer. Please note, however, that blocking cookies can affect the performance of websites, including loading time, with your computer.
Does UDiON share information (personal or cookies) with other companies or organizations?
UDiON hires third parties to provide certain administrative services – such as processing credit card transactions, preparing address labels, managing databases, and sending mailings – which requires UDiON to provide third parties with access to certain information. We make an effort to require all third party service-providers to hold personal information in strict confidence. While we believe these other companies are upstanding and will treat your personal information responsibly, we do not own or control them.
Further, if we are compelled by law, or some other regulatory authority, UDiON will disclose personal information. Also, if we have reason to believe that there has been some inappropriate interference with or use of the UDiON website, or if we have reason to believe that one of our web site users may have been injured or some other party harmed, we will disclose personal information as we deem appropriate or if asked by a legal or regulatory authority.
You are under no obligation to disclose any personal information if you do not want to. If you are not comfortable with the UDiON uses of information, you can choose not to use those services or features that require such information.
What rules apply if I “click” over to another website?
SECURITY & WEBSITE SECURITY ~
How does the UDiON website provide security and confidentiality of information?
UDiON works with other organization to host and manage our website, In-addition to manage our online donations capabilities. All on-line transactions are done on a secure server located at the partner’s site.
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. UDiON and/or Site Owner will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
DMCA NOTICE ~
Since we respect artist and content owner rights, it is UDiON Foundation’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify UDiON Foundation’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit UDiON Foundation to contact you, such as your address, telephone number, and, e-mail address;
- 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
UDiON Foundation, Inc.
Attn: DMCA Notice
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying UDiON Foundation and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with UDiON Foundation’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, UDiON Foundation has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. UDiON Foundation may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
FRAUDULENT UDiON EMAILS & PREVENTION ~
Someone is currently sending out large numbers of spam emails titled “UDiON and one easy way to earn extra money”.
Fraud is very real and rampant on the internet these days. The fraudster is using an email address of @UDiON as the sender address on the email, and UDiON is receiving a very large number of bounced emails. The fraudulent emails are requesting emails to email@example.com, firstname.lastname@example.org, email@example.com to, presumably, find personal details. We have requested that Gmail, Yahoo & hotmail take down this account and reported the phishing attempt to them. This notice is to warn any recipient of these emails that they are nothing to do with us and we suggest deleting them immediately. All UDiON volunteers have email accounts that look like this: firstname.lastname@example.org. If the email address does not include @udionfoundation.org, it is NOT from a UDiON employee. We are very sorry that some people have such low moral standards as to obstruct our work for orphans and waste our time like this. We apologize for anyone whose time was wasted in our name.
OUR TERMS AND PROHIBITATED USE ~
Are there limitations on my use of the information and technology at the website?
When you use our website, you are agreeing to the terms and conditions contained in this Statement. These terms and conditions have been developed for your protection, as well as ours. UDiON owns the materials and technology, or has the right to use the materials and technology, included on the udionfoundation site. No one outside UDiON organization may use any of the material or technology for any purpose, including personal financial gain or other inappropriate activity. If you choose not to accept the terms and conditions of this Statement, you are free to leave our website.
It is improper, and may be a violation of law, for you to post or download and distribute any material that you do not own or for which you do not have permission to use. PLEASE BE AWARE: violation of someone’s copyright, trademark, or other intellectual property rights may subject you to civil or criminal penalties.
Use of UDiON materials or technology for illegal, inappropriate, or obscene purposes, or in support of such activities is strictly prohibited. We define these terms as follows:
“Illegal activities” are those that violate laws, regulations and/or private agreements, including federal or state laws governing charitable activities, copyright laws, trademark laws, license agreements or other intellectual property rights.
“Inappropriate uses” are any uses other than for legitimate informational, educational or fundraising purposes.
“Obscene activities” are those that violate generally accepted social standards for use of this type of material or technology.
You are entirely responsible for all of your activities on the UDiON website. PLEASE BE AWARE: UDiON may terminate your ability to interact at our website in the event we, in our sole discretion, determine that you have engaged in a prohibited activity. Listed below are some, but not all, prohibited activities that may result in termination: Posting, transmitting, or facilitating in the promotion of illegal content through our website. Use of our website to harass, threaten, embarrass, or do anything else to another visitor or third-party that is unwanted. Transmitting or facilitating distribution of content that is untrue, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable. Disrupting the flow of any chat areas with vulgar language, abusiveness, or other conduct that may disrupt normal activities. Pretending to be anyone whom you are not. You may not impersonate UDiON staff, or anyone else. Attempting to get a password, other account information, or other private information from others, or harvest e-mail addresses or other information. Posting any unsolicited advertising, promotional materials, or any other forms of solicitation at our website. Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Web Site without express written permission; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content; upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content; upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines. download any file posted by another that You know, or reasonably should know, that cannot be legally distributed in such manner; impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; restrict or inhibit any other user from using and enjoying Site Owners and/or UDiON services; use services for any illegal or unauthorized purpose; interfere with or disrupt services or servers or networks connected to Site Owners and/or UDiON services, or disobey any requirements, procedures, policies or regulations of networks connected to Site Owners and/or UDiON services; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of services or collect information about users for any unauthorized purpose; submit Content that falsely expresses or implies that such Content is sponsored or endorsed by UDiON and/or Site Owner; create user accounts by automated means or under false or fraudulent pretenses; promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature. Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the Site Owner and/or UDiON Web Sites. This includes among other activities, using “framing, scraping, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Web Site technology without express written permission. Soliciting any of the individuals or companies listed on this web site for purposes of selling products or services is prohibited. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
OWNERSHIP OF INTELLECTUAL PROPERTY ~
The works of authorship contained in this Web Site, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by UDiON or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this Web Site. In accordance with these terms, except as stated above
You will indemnify, defend and hold harmless Site Owner and UDiON and its officers, directors, employees and agents (each, an “Indemnified Party”) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, “Damages”) incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Web Sites or (ii) your breach of this Agreement.
E- MAIL CONFIDENTIALITY NOTICE ~
The information contained in this document may be confidential and intended solely for the use of the individual or entity to whom it is addressed. The information contained in this transmission may contain privileged and confidential information, as well as information subject to the protection of copyright laws. Company and its subsidiary and affiliate companies are not responsible for errors or omissions in this and or attached documents. All personal messages express solely the sender’s views and not those of the employer of the sender. If you are not the intended recipient, please contact the sender, destroy all copies of the message, and do not disclose any of the information, you are hereby notified that any review, dissemination, forwarding, distribution or duplication of this communication is strictly prohibited. Be advised that such illegal actions are governed by the Electronic Communications Privacy Act. Our company attempts to sweep e-mail and attachments for viruses, it does not guarantee that either are virus-free and accepts no liability for any damage sustained as a result of viruses. Thank you for your assistance.
GOVERNING LAW /ARBITRATION ~
This Agreement shall be construed and governed by the State and federal laws. You hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.
- Governing Law.You agree that: (i) the Service shall be deemed solely based in the Commonwealth of Virginia; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over UDiON Foundation, either specific or general, in jurisdictions other than the Commonwealth of Virginia. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and UDiON Foundation that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Virginia, unless submitted to arbitration as set forth in the following paragraph.
- Arbitration.For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Notification Procedures.UDiON Foundation may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by UDiON Foundation in our sole discretion. UDiON Foundation reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. UDiON Foundation is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add email@example.com to your email address book to help ensure you receive email notifications from us.
- Entire Agreement/Severability.This Agreement, together with any amendments and any additional agreements you may enter into with UDiON Foundation in connection with the Service, shall constitute the entire agreement between you and UDiON Foundation concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No Waiver.No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and UDiON Foundation’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
DISCLAIMER OF WARRANTY ~
THE WEB SITES ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UDION AND SITE OWNER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEB SITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEB SITES. THE COMPANY DOES NOT WARRANT THAT THE WEB SITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
UDiON AND SITE OWNER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY ~
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UDION FOUNDATION, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL UDION FOUNDATION BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UDION FOUNDATION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL UDION FOUNDATION, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO UDION FOUNDATION HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UDION FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States. UDiON Foundation makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
CHANGE IN POLICIES ~
Does UDiON ever change its web site policies?
From time to time, UDiON may add features or services to our website. This may include collecting different types of information and/or changing the uses of the information. In these instances, we will endeavor to edit this policy in a timely fashion to explain the new practices. PLEASE check these policies occasionally to find out if there are any changes (there is a date of publication at top). If we make substantial changes in our web-site policies, we will try to include an announcement on our homepage so that you will know to look for the revised policy.
UDiON FOUNDATION ~