| use. If you
do not agree to these
terms of use, you may
not use the UGEI Site.
We reserve the right,
at our sole
discretion, to change,
modify, add, or delete
portions of these
terms of use at any
time in accordance
with the procedures
set forth below in the
paragraph labeled
"Amendment."
RESTRICTIONS
ON USE OF
MATERIALS
All materials
contained in any
KJVI
Site are the
copyrighted
property of
United Global
Equities Inc.,
or its
subsidiaries or
affiliated
companies and/or
third-party
licensors. All
trademarks,
service marks,
trade names, and
trade dress are
proprietary to
Disney
Enterprises,
Inc., or its
affiliates or
licensees. No
material from
any KJVI
Site or any
Internet site
owned, operated,
licensed, or
controlled by us
may be copied,
reproduced,
republished,
uploaded,
posted,
transmitted, or
distributed in
any way, except
that you may
download one
copy of the
materials on any
single computer
for your
personal,
noncommercial
home use only,
provided that (i)
you keep intact
all copyright
and other
proprietary
notices, (ii)
you make no
modifications to
the materials,
(iii) you do not
use the
materials in a
manner that
suggests an
association with
any of our
products,
services, or
brands, and (iv)
you do not
download
quantities of
materials to a
database that
can be used to
avoid future
downloads from
any KJVI
Site. The use of
any KJVI
material on any
other Web site
or computer
environment is
prohibited.
In the event you
download
software from
any KJVI I Site,
the software,
including any
files, images
incorporated in
or generated by
the software,
and data
accompanying the
software
(collectively,
the
"Software")
are licensed to
you by us or
third-party
licensors for
your personal,
noncommercial
home use only.
We do not
transfer title
to the Software
to you. You own
the medium on
which the
Software is
recorded, but we
(or our
third-party
licensors)
retain full and
complete title
to the Software
and all
intellectual
property rights
therein. You may
not
redistribute,
sell, auction,
decompile,
reverse
engineer,
disassemble, or
otherwise reduce
the Software to
a human-readable
form.
SUBMISSIONS
We are pleased
to hear from our
visitors and
welcome your
comments
regarding our
products and
services.
Unfortunately,
however, our
long-standing
company policy
does not allow
us to accept or
consider
creative ideas,
suggestions, or
materials other
than those that
we have
specifically
requested. We
hope you will
understand that
it is the intent
of this policy
to avoid the
possibility of
future
misunderstandings
when projects
developed by our
professional
staff might seem
to others to be
similar to their
own creative
work. Please do
not send us any
unsolicited
original
creative
materials such
as stories or
ideas,
screenplays, or
original
artwork. While
we do value your
feedback on our
services and
products, we
request that you
be specific in
your comments on
those services
and products,
and not submit
any creative
ideas,
suggestions, or
materials
(unless
specifically
requested by
us).
If, through
participation in
certain
activities, you
send any
material (e.g.,
postings to
chat, boards, or
contests) or,
despite our
request, you
send us
unsolicited
creative
suggestions,
ideas, notes,
drawings,
concepts, or
other
information
(collectively,
the
"Submissions"),
the Submissions
shall be deemed,
and shall
remain, our
property. None
of the
Submissions
shall be subject
to any
obligation of
confidentiality
on our part and
we shall not be
liable for any
use or
disclosure of
any Submissions.
Without
limitation of
the foregoing,
we shall
exclusively own
all now-known or
hereafter
existing rights
to the
Submissions of
every kind and
nature
throughout the
universe and
shall be
entitled to
unrestricted use
of the
Submissions for
any purpose
whatsoever,
commercial or
otherwise,
without
compensation to
the provider of
the Submissions
or any other
person or
entity.
FORUMS
AND PUBLIC
COMMUNICATION
"Forum"
means a chat
area, message
board, instant
messaging,
mobile messaging
or e-mail
function
(including, but
not limited to,
electronic
greeting cards)
offered as part
of any UGEI
Site. If you
participate in
any Forum within
a UGEI Site, you
agree to follow
our terms set
forth below.
You acknowledge
that anything
you submit to a
UGEI Site by way
of any Forum is
routed through
UGEI ’s
servers and the
Internet and
that, therefore,
you have no
expectation of
privacy with
regard to any
such submission.
You acknowledge
that the Forums
and features on
UGEI Sites are
forums for
public and not
private
communications.
Please keep in
mind that
whenever you
give out
personal
information
online, for
example, via
message boards
or chat, that
information can
be collected and
used by people
you don't know.
We cannot
guarantee the
security of any
information you
disclose online;
you make such
disclosures at
your own risk.
Users or
visitors shall
remain solely
responsible for
the content of
their messages
in the Forums.
We are not
responsible for
the content or
opinions posted
or sent by users
in any Forum.
You take
responsibility
for postings
under your
username and use
the information
provided in the
Forums at your
own risk. We
reserve the
right to remove
or edit content
from any Forum
at any time and
for any reason
although we have
no duty to do
so.
When
participating in
a Forum, never
assume that
people are who
they say they
are, know what
they say they
know, or are
affiliated with
whom they say
they are
affiliated with
in any chat
room, message
board, or other
user-generated
content area.
Information
obtained in a
Forum may not be
reliable, and it
is not a good
idea to take any
action,
including to
trade or make
any investment
decisions, based
solely or
largely on
information you
cannot confirm.
We cannot be
responsible for
the content or
accuracy of any
information, and
shall not be
responsible for
any trading,
investment, or
any other
decisions made
based on such
information.
HOUSE
RULES
The following is
a list of the
House Rules of
conduct for the
UGEI Sites. By
using the UGEI
Sites you agree
not to do any of
the following:
- Post,
distribute,
or otherwise
make
available or
transmit any
data, text,
message, or
computer
file that we
deem to be:
(a)
defamatory,
abusive,
harassing,
insulting,
threatening,
or that
could be
deemed to be
stalking;
(b) bigoted,
hateful, or
racially
offensive;
(c) vulgar,
obscene, or
sexually
explicit
(language or
images); or
that (d)
encourages
or advocates
illegal
activity or
the
discussion
of illegal
activities
with the
intent to
commit them;
- Post,
distribute,
or otherwise
make
available or
transmit any
data, text,
message,
computer
file, or
other
material
that
infringes
and/or
violates any
right of a
third party
or any
domestic or
international
law, rule,
or
regulation,
including
but not
limited to:
(a)
copyright,
patent,
trademark,
or other
proprietary
rights; (b)
right of
privacy
(specifically,
you must not
distribute
another
person’s
personal
information
of any kind
without
their
express
permission)
or
publicity;
(c) any
confidentiality
obligation;
- Advertise
or sell any
products,
services or
otherwise
(whether or
not for
profit), or
solicit
others or
use any
Forum for
commercial
purposes of
any kind,
- Post,
distribute,
or otherwise
make
available or
transmit any
software or
other
computer
files that
contain a
virus or
other
harmful
component;
- Impersonate
any person
or entity or
misrepresent
your
identity or
affiliation
with any
person or
entity;
- Engage
in
antisocial,
disruptive,
or
destructive
acts,
including
"flaming,"
"spamming,"
"flooding,"
"trolling,"
and "griefing"
as those
terms are
commonly
understood
and used on
the
Internet;
- Delete
any legal
notices,
disclaimers,
or
proprietary
notices such
as copyright
or trademark
symbols, or
modify any
logos that
you do not
own or have
express
permission
to modify;
- Post,
distribute,
or otherwise
make
available or
transmit
material or
make
statements
that do not
generally
pertain to
the
designated
topic or
theme of any
Forum.
Additionally,
you may use
electronic
greeting cards
or mobile
messaging for
noncommercial
purposes only.
You must furnish
your actual
e-mail address
or mobile phone
number in order
to send a card
or message. Any
business use,
"remailing,"
or other
high-volume
application is
strictly
prohibited. You
are not
permitted to
send cards or
messages using
an automated
program.
Electronic
greeting cards
and mobile
messages may not
contain
inappropriate
language or
images or
copyrighted
material
(without the
consent of the
copyright
holder) or
encourage
illegal
activity.
Electronic
greeting cards
and mobile
messages that
violate these
guidelines will
not be
delivered.
We reserve the
right to remove
any material,
and if we deem
appropriate, to
turn over to law
enforcement
officials, any
material,
including
message, e-mail,
or posting, that
is in violation
of these House
Rules. We also
reserve the
right to remove
messages,
e-mails, or
postings that do
not pertain to
the designated
topic or theme
of the Forum.
We also reserve
the right to
comply with any
order or
otherwise
cooperate with
law enforcement
officials
regarding the
identification
of any user
alleged to be
using a UGEI
site in
violation of the
law.
CONTENT
LINKED TO ANY
KJVI SITE
You should be
aware that when
you are on a
UGEI Site, you
could be
directed to
other sites that
are beyond our
control. There
are links to
other sites from
UGEI pages that
take you outside
of our service.
For example, if
you click on a
banner
advertisement or
a search result,
the click may
take you off the
UGEI Site. This
includes links
from
advertisers,
sponsors, and
content partners
that may use our
logo(s) as part
of a co-branding
relationship.
You acknowledge
that when you
click on a link
that leaves a
UGEI Site the
site you will
land on is not
controlled by us
and different
terms of use and
privacy policy
may apply. By
clicking on
links to other
sites, you
acknowledge that
UGEI is not
responsible for
those sites. We
reserve the
right to disable
links from
third-party
sites to any
UGEI Site,
although we are
under no
obligation to do
so.
We make no
representations
concerning the
content of sites
listed in any of
our directories.
Consequently, we
cannot be held
responsible for
the accuracy,
relevancy,
copyright
compliance,
legality, or
decency of
material
contained in
sites listed in
our search
results or
otherwise linked
to a UGEI Site.
DISCLAIMER
THE MATERIALS
IN THE UGEI
SITES ARE
PROVIDED
"AS
IS" AND
WITHOUT
WARRANTIES OF
ANY KIND, EITHER
EXPRESS OR
IMPLIED. TO THE
FULLEST EXTENT
PERMISSIBLE
PURSUANT TO
APPLICABLE LAW,
WE DISCLAIM ALL
WARRANTIES,
EXPRESS OR
IMPLIED,
INCLUDING, BUT
NOT LIMITED TO,
IMPLIED
WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A
PARTICULAR
PURPOSE AND
NONINFRINGEMENT.
WE DO NOT
WARRANT THAT THE
FUNCTIONS
CONTAINED IN THE
MATERIALS ON ANY
KJVI SITE WILL
BE UNINTERRUPTED
OR ERROR-FREE,
THAT DEFECTS
WILL BE
CORRECTED, OR
THAT ANY KJVI
SITE OR THE
SERVERS THAT
MAKE SUCH
MATERIALS
AVAILABLE ARE
FREE OF VIRUSES
OR OTHER HARMFUL
COMPONENTS. WE
DO NOT WARRANT
OR MAKE ANY
REPRESENTATIONS
REGARDING THE
USE OR THE
RESULTS OF THE
USE OF THE
MATERIALS ON ANY
KJVI SITE IN
TERMS OF THEIR
CORRECTNESS,
ACCURACY,
RELIABILITY, OR
OTHERWISE. YOU
ASSUME THE
ENTIRE COST OF
ALL NECESSARY
SERVICING,
REPAIR, OR
CORRECTION.
APPLICABLE LAW
MAY NOT ALLOW
THE EXCLUSION OF
IMPLIED
WARRANTIES, SO
THE ABOVE
EXCLUSION MAY
NOT APPLY TO
YOU.
We explicitly
disclaim any
responsibility
for the
accuracy,
content, or
availability of
information
found on sites
that link to or
from any UGEI
Site. We cannot
ensure that you
will be
satisfied with
any products or
services that
you purchase
from a
third-party site
that links to or
from any UGEI
Site or
third-party
content on our
sites. We do not
endorse any of
the merchandise,
nor have we
taken any steps
to confirm the
accuracy or
reliability of,
any of the
information
contained in
such third-party
sites or
content. We do
not make any
representations
or warranties as
to the security
of any
information
(including,
without
limitation,
credit card and
other personal
information) you
might be
requested to
give any third
party, and you
hereby
irrevocably
waive any claim
against us with
respect to such
sites and
third-party
content. We
strongly
encourage you to
make whatever
investigation
you feel
necessary or
appropriate
before
proceeding with
any online or
offline
transaction with
any of these
third parties.
SUBSCRIPTIONS/BILLING
Some services
offered on KJVI
Sites are
subscription-based
services. Please
refer to the
Member Service
Agreements for
the applicable
subscription-based
service for
specific terms
and conditions
applicable
thereto.
INDEMNIFICATION
You are entirely
responsible for
maintaining the
confidentiality
of your member
name(s),
password(s), and
your account, as
well as all
activities that
occur under your
account. You
hereby
indemnify,
defend, and hold
us and our
affiliates and
our officers,
directors,
owners, agents,
information
providers,
licensors, and
licensees
(collectively,
the
"Indemnified
Parties")
harmless from
and against any
and all
liabilities and
costs (including
reasonable
attorneys' fees)
incurred by the
Indemnified
Parties in
connection with
any claim
arising out of
any breach by
you of these
terms of use or
claims arising
from your
account. You
shall use your
best efforts to
cooperate with
us in the
defense of any
claim. We
reserve the
right, at our
own expense, to
assume the
exclusive
defense and
control of any
matter otherwise
subject to
indemnification
by you.
LIMITATION
OF LIABILITY
UNDER NO
CIRCUMSTANCES,
INCLUDING, BUT
NOT LIMITED TO,
NEGLIGENCE,
SHALL WE BE
LIABLE FOR ANY
DIRECT,
INDIRECT,
INCIDENTAL,
SPECIAL, OR
CONSEQUENTIAL
DAMAGES THAT
RESULT FROM THE
USE OF, OR THE
INABILITY TO
USE, ANY UGEI
SITE OR
MATERIALS OR
FUNCTIONS ON ANY
SUCH SITE, EVEN
IF WE HAVE BEEN
ADVISED OF THE
POSSIBILITY OF
SUCH DAMAGES.
APPLICABLE LAW
MAY NOT ALLOW
THE LIMITATION
OR EXCLUSION OF
LIABILITY OR
INCIDENTAL OR
CONSEQUENTIAL
DAMAGES, SO THE
ABOVE LIMITATION
OR EXCLUSION MAY
NOT APPLY TO
YOU. IN NO EVENT
SHALL OUR TOTAL
LIABILITY TO YOU
FOR ALL DAMAGES,
LOSSES, AND
CAUSES OF ACTION
WHETHER IN
CONTRACT, TORT
(INCLUDING, BUT
NOT LIMITED TO,
NEGLIGENCE), OR
OTHERWISE EXCEED
THE AMOUNT PAID
BY YOU, IF ANY,
OR $100
(WHICHEVER IS
LESS) FOR
ACCESSING OR
PARTICIPATING IN
ANY ACTIVITY
RELATED TO ANY
UGEI SITE.
JURISDICTIONAL
ISSUES
UGEI is
controlled and
operated by
United Global
Equities Inc.
and its
affiliates from
its U.S. offices
in New York, and
we make no
representation
that materials
on any UGEI Site
are appropriate
or available for
use in any
particular
location. Those
who choose to
access a UGEI
Site do so on
their own
initiative and
are responsible
for compliance
with local laws,
if and to the
extent local
laws are
applicable.
Software from
this site is
further subject
to United States
export controls.
No software from
this site may be
downloaded or
otherwise
exported or
reexported (i)
into (or to a
national or
resident of)
Cuba, 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
or otherwise in
violation of
export control
laws or
regulations.
AMENDMENT
We reserve the
right, at our
sole discretion,
to change,
modify, add, or
delete portions
of these terms
of use at any
time. In the
event that we do
so, we will
notify you of
any such change,
modification,
addition, or
deletion by
sending you an
e-mail at the
last e-mail
address that you
provided us,
and/or by
prominently
posting notice
of the any such
change,
modification,
addition, or
deletion on the
Web sites
covered by these
terms of use.
Any such change,
modification,
addition, or
deletion will be
effective upon
the earlier of
ten (10)
calendar days
following our
dispatch of an
e-mail notice to
you or thirty
(30) calendar
days following
our posting of
such notice on
the Web sites
covered by these
terms of use.
Please note
that, at all
times, you are
responsible for
updating your
personal
information to
provide us your
current e-mail
address. In the
event that the
last e-mail
address that you
have provided us
is not valid, or
for any other
reason is not
capable of
delivering to
you the notice
described above,
our dispatch of
the e-mail
containing such
notice will
nonetheless
constitute
effective notice
of the changes,
modifications,
additions, or
deletions
described in the
notice.
TERMINATION
These terms of
use are
effective until
terminated by
either you or
us. You may
terminate these
terms at any
time by
discontinuing
use of all UGEI
Sites and
destroying all
materials
obtained from
any and all such
sites and all
related
documentation
and all copies
and
installations
thereof, whether
made under these
terms of use or
otherwise.
We
may immediately
terminate these
terms of use
with respect to
you (including
your access to
any and all UGEI
Sites) without
cause and
without notice
to you in our
sole discretion.
Upon
termination, you
must cease use
of all UGEI
Sites and
destroy all
materials
obtained from
such sites and
all copies
thereof, whether
made under these
terms of use or
otherwise.
We have adopted
and implemented
a policy that
provides for the
termination, in
appropriate
circumstances,
of users who are
repeat
infringers of
copyright.
GENERAL
PROVISIONS
These terms of
use shall be
governed by and
construed in
accordance with
the laws of the
State of New
York and the
laws of the
United States,
without giving
effect to any
principles of
conflicts of
law. You agree
that any action
at law or in
equity arising
out of or
relating to
these terms
shall be filed
only in the
state or federal
courts located
in Kings County,
New York, and
you hereby
consent and
submit to the
personal
jurisdiction of
such courts for
the purposes of
litigating any
such action. If
any provision of
these terms of
use shall be
unlawful, void,
or for any
reason
unenforceable,
then that
provision shall
be deemed
severable from
these terms of
use and shall
not affect the
validity and
enforceability
of any remaining
provisions. |