Unimedia Corp.
Terms of Use Agreement
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documents. Writewith is a trademark of Unimedia Corp.
This Document; Definitions
This document is Unimedia’s Terms of Use Agreement (“Agreement”), and is a legal agreement between you and Unimedia Corporation (“Unimedia”). Sometimes “Unimedia” is referred to as “we,” “us,” or “our.” This Agreement applies to all products, services, and websites, including Writewith.com, offered by Unimedia and its subsidiaries, and to the services offered on Writewith.com by our affiliated companies (collectively, “Service” or “Services”).
In the course of using our Services, you will be searching, reading, posting, and otherwise using text, files, images, photos, video, sounds, and other information and materials, collectively referred to as “Content.”
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, services marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
Please read this Agreement carefully. By using our Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you can only search and view Content we make publicly available on Writewith.com) or you are a “Member” (which means that you have registered with and have an account (“Membership”) with Writewith.com, and can create Content on Writewith.com). The term “User” refers to a Visitor or a Member.
If you do not agree with this Agreement, you should leave Writewith.com and discontinue use of Unimedia’s Services immediately. If you wish to become a Member of Unimedia, you must read this Agreement and indicate your acceptance during the registration process by clicking “I Agree.”
This Agreement includes, and incorporates, the following:
Unimedia's policy for acceptable use of the Services and Content on the Writewith.com;
your rights, obligations and restrictions regarding your use of the Services;
Unimedia's Privacy Policy.
Modification of This Agreement
Unimedia may modify this Agreement from time to time. Such modification shall be effective upon posting by Unimedia on the Unimedia website. You agree to be bound to any changes to this Agreement when you use the Unimedia Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Eligibility
Use of and membership in the Unimedia Services is void where prohibited. By using the Unimedia Services, you represent and warrant that
all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you are an individual 13 years of age or older; and
your use of the Unimedia Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 13 years of age or have violated any of the other terms of this Agreement.
Term
This Agreement shall remain in full force and effect while you use the Unimedia Services or are a Member. You may terminate your Membership at any time, for any reason, by notifying us at info@writewith.com. Unimedia may terminate your Membership at any time, without warning. This Agreement will remain in effect even after Membership is terminated.
Fees
All Users may currently use Unimedia free of charge. Unimedia reserves the right to implement fee-based services, including or beyond any services that are currently offered to Users free of charge. Unimedia will make every effort to notify all Users about any potential fees before implementing them.
Accessing Writewith.com; Password
When you sign up to become a Member, you will be asked for the following information:
your first and last name;
your email address to use for Writewith;
your “Unimedia Name” (a name of your choosing to use with your Writewith.com account); and
An optional description about yourself.
Members will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the password of another Member at any time, or to disclose your password to any third party. You agree to notify Unimedia immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Creating Content on Unimedia
Only Unimedia Members can record Content on Writewith.com. All Users can search and explore Content that Unimedia makes publicly available on our website.
Member Conduct and Unimedia’s Control over Content
Appropriate Content
You understand that all Content on Writewith.com is the sole responsibility of the person from whom such Content originated. This means that you, and not Unimedia, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Unimedia may or may not access or control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, or otherwise objectionable. Under no circumstances will Unimedia be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. If you become aware of misuse of the Unimedia Services by any person, or know of any inappropriate Content, please contact Unimedia at info@writewith.com.
Prohibited Activities
You understand and agree not to use Unimedia to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, email, transmit or otherwise make available Content that you know to be false;
"stalk" or otherwise harass another User;
harm minors in any way;
falsely state, impersonate or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a lawful right to make available, or are prohibited by contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) from disclosing;
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, proprietary, intellectual property rights, or other rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (i) using Unimedia Services to send messages to people, distribution lists, newsgroup aliases, or group aliases who don’t know you or who are unlikely to recognize you as a known contact; and (ii) using Unimedia Services to send unsolicited promotional messages to those direct connections without their permission; and (iii) sending messages to;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to or which interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, including, without limitation, denial-of-service attacks, rootkits, spiders, trojan horses and worms;
interfere with or disrupt the Service or servers or networks associated with or connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
violate any applicable local, state, national or international law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above.
Accessing and Removing Content
You acknowledge that Unimedia has the right (but not the obligation), in its sole discretion, to monitor, pre-screen, refuse, move, or delete any Content. Without limiting the foregoing, Unimedia and its designees shall have the right to remove any Content that violates the terms of this Agreement, or is otherwise objectionable. You agree that you will evaluate, and bear all risks associated with, the use, uploading, or sharing of any Content on the Service, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Unimedia may access, preserve and disclose your account information and Content if required to do so by law or in a good-faith belief that it is necessary to (a) comply with any applicable law, regulation, legal process or governmental request; (b) enforce applicable terms of this Terms of Service Agreement, including investigation of potential violations thereof; (c) protect the rights, property or safety of Unimedia, its users, or members of the public; (d) respond to your requests for customer service; or (e) detect, prevent, or otherwise address fraud, security, or technical issues.
You understand that the technical processing and transmission of the Service, including any and all Content, may involve (a) transmissions over various networks; and (b) changes to Content to conform or adapt to technical requirements of connecting networks or devices.
You understand that the Service, software embodied within the Service, or certain Content may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Unimedia and/or content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded in the Service, software or Content
Any unauthorized reproduction, modification, attraction, publication, further distribution, or public exhibition of the materials or Content provided on the Service, in whole or in part, is strictly prohibited.
Non-commercial Use by Members
The Unimedia Services are for the personal use of Users, and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Unimedia. Illegal and/or unauthorized use of our Services, including collecting personal information of Members by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the Unimedia website, is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Unimedia Services.
Proprietary Rights in Content and Software
Your Rights and Representation Regarding Content
Unimedia does not claim any ownership rights in the Content that you record on Writewith.com or other Unimedia Services. After recording your Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. Except for Content created by you (either alone or as a co-author of a joint work), or as expressly authorized by Unimedia, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, Content, or the Software, in whole or in part.
As a Member, you represent and warrant that (a) you own the Content posted by you on or through the Unimedia Services, or otherwise have the right to grant the license set forth in this section, and (b) the posting of your Content on or through the Unimedia Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Unimedia Services.
Unimedia’s Rights in Content
By recording Content on or through the Unimedia Services, you hereby grant to Unimedia a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Unimedia Services. Without this license, Unimedia would be unable to provide Unimedia Services. For example, without the right to publicly display Content, you would not be able to use Writewith.com to create, edit, and share news stories with other Users.
The license you grant to Unimedia is non-exclusive (meaning you are free to license your Content to anyone else in addition to Unimedia), fully-paid and royalty-free (meaning that Unimedia is not required to pay you for the use on the Unimedia Services of the Content that you record), sublicensable (in the event that Unimedia uses affiliates and subcontractors to provide the Unimedia Services), and worldwide (because the Internet and the Unimedia Services may be global in reach). This license will terminate at the time your Content is removed from the Unimedia Services.
This license does not grant Unimedia the right to sell your Content, nor does this license grant Unimedia the right to distribute your Content outside of the Unimedia Services.
Unimedia’s Rights in Software and Other Intellectual Property
Unimedia alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Service, any necessary software used in connection with the Service ("Software"), and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service or Software.
This Agreement is a service agreement, and is not a sale. This Agreement does not convey to you any rights of ownership in or related to Services or Intellectual Property Rights owned by Unimedia.
The Unimedia name, the Unimedia logo, and the product names associated with Unimedia’s Services are trademarks of Unimedia or third parties, and no right or license is granted to use them.
Unimedia grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software for your personal, noncommercial use, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Unimedia for use in accessing the Service.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information not belonging to you without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Writewith.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Unimedia by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Unimedia Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Unimedia Services; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Unimedia's Copyright Agent for notice of claims of copyright infringement can be reached at Unimedia Corporation, the address of which is provided at the end of this document.
No Resale of Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Indemnification
You agree to indemnify and hold Unimedia and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, any violation of this Agreement, or any violation of the rights of another.
Modifications to the Service
Unimedia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Unimedia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Links to Other Sites
The Service or may provide links to other Internet sites or resources. Because Unimedia has no control over such sites and resources, you acknowledge and agree that Unimedia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other information or materials on or available from such sites or resources. You further acknowledge and agree that Unimedia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNIMEDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. UNIMEDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE 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.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIMEDIA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR MOBILE DEVICE, OR OTHERWISE WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNIMEDIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNIMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of Unimedia. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Unimedia directly or indirectly owning or controlling 50% or more of you shall entitle Unimedia to terminate this Agreement immediately and without written notice. This Agreement may be assigned without your consent by Unimedia to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.
Entire Agreement
This Agreement constitutes the entire agreement between you and Unimedia, and governs your use of the Service, superseding any prior agreements between you and Unimedia.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of the state of California without regard to conflict of laws principles.
Questions, Comments, or Violations
Please send any questions or comments, or report violations of this Agreement, to us at info@writewith.com or at (650) 814-5854. You may also contact us at
Unimedia Corp.
847 Webster Street
Palo Alto, CA 94301