Terms of Use

Welcome to uCribs website, www.ucribs.com, and any associated services and functionality available through the website (collectively, the “Service”). The Service is owned and operated by uCribs Limited (“uCribs” or the “Company”). The following terms of use (the “Terms”) are a legal contract between you, an individual user or single entity (collectively or individually “Users”) and uCribs regarding your use of the Service. You will also be subject to any additional posted guidelines or rules applicable to specific services and products offered through the Service (the “Guidelines”), which are hereby incorporated into these Terms. By accessing the Service, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to these Terms, please do not use the Service.

1. Privacy Policy

uCribs’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

2. uCribs Proprietary Rights

  1. General. The content, interactive and visual features, software, and all other elements of the Service provided by uCribs (“uCribs Materials”) are owned and/or licensed by uCribs and protected by all relevant intellectual property, proprietary, and other applicable laws and regulations. uCribs Materials do not include Non-uCribs Content (defined below). Except as expressly authorized by uCribs, you agree not to sell, license, distribute, copy, modify, publicly perform or display, or otherwise make unauthorized use of the Service and uCribs Materials. uCribs reserves all rights not expressly granted herein.
  2. Further Restrictions. You further agree not to (a) intentionally 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; (c) use the Service or uCribs Materials 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’s express consent or bypass uCribs’s 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 accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (h) 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; (i) modify, adapt, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation.
  3. Trademarks. Trademarks of uCribs may be included within the Service. All trademarks, logos and service marks (each, a “Mark”) found on the Service are the property of uCribs or other third parties. Users are not permitted to use any Marks without the prior written consent of Company or the third party that owns the respective Mark. uCribs bears no responsibility or liability for, and disclaims sponsorship of or affiliation with, any third party Marks uploaded to or displayed through the Service. uCribs is generally unable to evaluate the merits of Mark disputes and encourages Users to resolve any such disputes directly.

3. Non-uCribs Content Disclaimer

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.

4. Non-Monitoring of Non-uCribs Content and Users

  1. Disclaimer. You understand that when using the Service you will be exposed to User Content and other content from a variety of sources, including but not limited to information that uCribs aggregates from third parties and content accessed via links to websites operated by third parties (collectively, “Third Party Content”), and that uCribs is not responsible or liable for the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights or infringement relating to, such Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Third Party Content displayed or transmitted via the Service, or any contact you have with any third party provider of Third Party Content, or any transaction you consummate in connection with your use or access of any Third Party Content. You further understand and acknowledge that you may be exposed to Third Party 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 Company with respect thereto. Company does not endorse any Third Party Content or any opinion expressed therein.
  2. Non-Monitoring of Third Party Content and Users. uCribs does not control, and does not have any obligation to pre-screen or monitor, Third Party Content. uCribs assumes no responsibility for the Third Party Content, no obligation to modify or remove any inappropriate Third Party Content, and no responsibility for the conduct of the party submitting any such Third Party Content, notwithstanding that uCribs may, in its sole discretion, pre-screen or monitor Third Party Content. Without limiting the foregoing, uCribs and its designees may, at any time and without prior notice, remove Your Content or any Third Party Content, in whole or in part, for any reason. Furthermore, you alone are responsible for your involvement with other Users and providers of Third Party Content. Company reserves the right, but has no obligation, to monitor disagreements between you and other Users and providers of Third Party Content, provided that uCribs disclaims all liability related to any such disagreements.

5. Restrictions

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.

6. Account Information

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.

7. Password

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.

8. Links to Third Party Sites

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.

9. Dealings with Advertisers

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.

10. Bespoke or custom content

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.

11. Disputes with Third Parties

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.”

12. Availability of the Service

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.

13. Termination

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.

14. Service Access

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.

15. Indemnification; Hold Harmless

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.

16. Disclaimer

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.

17. Limitation of Liability

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.

18. Digital Millennium Copyright Act

  1. Notification of Infringement. It is Company’s policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). In addition, we will promptly terminate without notice accounts of those determined to be “repeat infringers”. If you are a copyright owner or an agent thereof, and believe that any User Content or Third Party Content infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C 512(c)(3) or consult your own legal counsel to confirm these requirements): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works from the Service; (iii) 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 Company to locate the material; (iv) Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has 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; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    1. Upon removing any allegedly infringing material, Company will notify the alleged infringer of such takedown.
    2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
  2. Counter Notification. If you elect to send our Copyright Agent a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements): (i) A physical or electronic signature of the subscriber; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification under DMCA Section 512(c)(1)(C) or from an agent of such person.
    1. Upon receiving a DMCA-compliant counter notice, Company will provide the notifying party a copy of the counter notice and inform that party that Company will restore the material in 10 business days. Company will then reinstate the removed material not less than 10, but no more than 14, business days unless it first receives notice from the party that filed the initial notice that such party has filed a court action against the alleged infringer.
    2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
  3. Please send any notifications and counter-notifications of claimed infringement to info@ucribs.com

19. Disclosures

The Service is offered by uCribs, located at 904 E Abington Ave, Glenside, PA 19038, phone number: (484) 619-2742 and email: info@ucribs.com. 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.

20. Survival

Those Sections of these Terms which by their nature are intended to survive termination of these Terms or of your account shall so survive.

21. Miscellaneous

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.

This Terms of Use was last updated on January 5, 2016