You understand that when using the Service you may be exposed to third party content (“Non-uCribs Content”) from a variety of sources, and that uCribs is neither responsible nor liable in any way for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights or infringement relating to such Non-uCribs Content, nor for any loss or damage of any kind incurred as a result of the use of any Non-uCribs Content displayed or transmitted via the Service. You further understand and acknowledge that you may be exposed to Non-uCribs Content that is 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 uCribs with respect thereto. uCribs does not endorse any Non-uCribs Content or any opinion expressed therein.
You agree not to (a) interfere with, damage, impair, or disable the Service’s operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users, or use the Service for commercial purposes; (c) use the Service or Site Content for any unlawful purpose or prohibited by these Terms; (d) defame, harass, abuse, threaten, stalk, impersonate, or defraud other Users, or collect personal information about them or third parties without their consent; (e) use any robot, spider, scraper, or other automated means to access the Service for any purpose without uCribs’ express consent or bypass uCribs’ robot exclusion headers or similar measures; (f) remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (g) attempt to gain unauthorized access to the Service, other User accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (h) deep-link to the Service, and you agree you will promptly remove any links that uCribs finds objectionable in its sole discretion; (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (j) modify, adapt, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation; (k) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not, or engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results; (l) solicit personal information from minors, or submit or transmit pornography; (m) violate any applicable law; (n) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service; (o) record, process, or mine information about other Users; (p) access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews; (q) reformat or frame any portion of the Service; (r) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of the Service; or (s) impersonate another person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
In order to use some features of the Service, you may have to create an account. When creating an account, you must provide true, accurate, current, and complete information. You also must ensure that this information is kept accurate and up-to-date at all times. You agree that uCribs may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that the rights of third parties have been violated; (d) to respond if you contact uCribs; or (e) protect the rights, property or personal safety of uCribs, Users and the public.
If you are opening an account on behalf of yourself, you represent that you are the age of majority in your jurisdiction and fully able and competent to enter into these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are opening an account on behalf of a company, entity, or organization (collectively “Registering Organization”), then you represent and warrant that you are an authorized representative of that Registering Organization with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such Registering Organization.
uCribs reserves the right to change these Terms from time to time at its sole discretion. All changes shall be effective immediately. In the event of a material change, we will use commercially reasonable efforts to notify you before implementing such changes. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
When you register you may be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify uCribs. You may be liable for the losses incurred by uCribs or others due to any unauthorized use of your account.
The Service may contain links to third party sites which uCribs neither controls nor maintains (“Reference Sites”). Access to any Reference Sites is at the User’s own risk, and uCribs is not responsible for the accuracy or reliability of Reference Sites. uCribs provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement. You should review any applicable terms and policies of such Reference Sites, as uCribs’s Terms do not apply to them.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser.
Advertisers might pay a fee to uCribs. Any correspondence with any paid advertisers are solely between you and such advertiser.
You agree that uCribs will not be responsible or liable for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers/third parties on the Service.
We may charge a fee to have content specially placed in the uCribs network. Advertiser is responsible for any content they post. This fee is non-refundable.
If you have a dispute with (a) another User, (b) the provider of any Third Party Site, (c) any provider of any listing or other Third Party Content posted on or made available in connection with the Service, (d) any third party that contacts you as a result of your use of the Service, or (e) any other third party arising in connection with your use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 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.”
uCribs may make changes to or discontinue any part of the Service at any time without notice. It may be out of date, and uCribs makes no commitment to update the Service.
You agree that uCribs may terminate your account or use of the Service at any time in its sole discretion, and you agree that uCribs shall not be liable to you or any third-party for any such termination. You may terminate these Terms at any time by closing your account, if any, and discontinuing use of the Service.
The Service is controlled and offered by uCribs from its facilities in the United States of America, the United Kingdom and elsewhere, including all or a portion of the Service that may be operated from the “cloud”, or other similar distributed hosting environment. uCribs makes no representations that the Service is appropriate or available for use in other locations. If you are accessing or using the Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.
You agree to indemnify, defend, and hold harmless uCribs, and its parent, subsidiaries, affiliates or any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Service; (ii) your violation of these Terms; (iii) your violation of the rights of any other person or entity; and (iv) your breach of the foregoing representations, warranties, and covenants. uCribs reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of uCribs. uCribs will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.
THE SERVICE, UCRIBS MATERIALS, AND ANY NON-UCRIBS CONTENT MADE AVAILABLE ON THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UCRIBS, ITS AFFILIATES, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UCRIBS, ITS AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT THE UCRIBS MATERIALS, NON-UCRIBS CONTENT, THE SERVICE, OR ANY OTHER INFORMATION OFFERED THROUGH THE SERVICE OR ANY REFERENCE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. UCRIBS, ITS AFFILIATES, AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OR THE RESULTS OF USE OF THE SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL UCRIBS, ITS AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING UNDER THESE TERMS OR THAT RESULT FROM YOUR USE OR INABILITY TO USE THE UCRIBS MATERIALS, NON-UCRIBS CONTENT, OR THE SERVICE, EVEN IF UCRIBS HAS 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 SUCH CASES, UCRIBS’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL UCRIBS, ITS AFFILIATES, OR SUPPLIERS’ TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE EXCEED THE GREATER OF ONE HUNDRED DOLLARS OR FEES PAID IN THE PRECEDING TWELVE MONTHS.
The Service is offered by uCribs, located at 904 E Abington Ave, Glenside, PA 19038, phone number: (484) 619-2742 and email: firstname.lastname@example.org. If you are a resident of certain jurisdictions, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Those Sections of these Terms which by their nature are intended to survive termination of these Terms or of your account shall so survive.
These Terms are the entire agreement between the parties on the subject matter hereof. The heading references herein are for convenience purposes only, do not constitute part of these Terms, and shall not limit or affect any provision hereof. The relationship of the parties hereunder is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of these Terms is held to be unenforceable, these Terms will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. These Terms will be governed by the laws of Pennsylvnia, without regard to its conflict of laws principles. The parties consent to the personal and exclusive jurisdiction of the state and federal courts of Montgomery County, Pennsylvania. You may not assign these Terms without the prior written consent of uCribs, and any prohibited assignment will be null and void. Waiver by either party of a breach of any provision of these Terms or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.