General
By using UTA’s Website you agree all terms,
conditions, and notices contained or referenced herein or on the UTA Website
(collectively, the "Terms of Use"). If you do not agree to
these Terms of Use please do not use the UTA Website. We reserve the
right, at our discretion, to update or revise these Terms of Use. Please
check the Terms of Use periodically for changes. Your continued use of
the UTA Website following the posting of any changes to the Terms of Use
constitutes acceptance of those changes. Additionally, the UTA Website
may contain additional terms that govern particular features or offers.
Finally, in order to purchase any product or service hereunder, you will have
to agree to the Customer Agreement.
Rules of User Conduct
You agree to abide by UTA’s Rules of User Conduct,
including but not limited to, agreeing not to use the UTA Website for any
unlawful purpose. The full Rules of User Conduct are as follows:
By posting
information in or otherwise using any communications service, chat room,
virtual television channel, message board, newsgroup, software library, or
other interactive service that may be available to you on or through the UTA
Website, you agree that you will not upload, post, or otherwise distribute or
facilitate distribution of any content -- including text, communications,
software, images, sounds, data, or other information -- that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, invasive of another's privacy, tortious,
contains explicit or graphic descriptions or accounts of sexual acts (including
but not limited to sexual language of a violent or threatening nature directed
at another individual or group of individuals), or otherwise violates UTA’s rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation, race, ethnicity,
age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
(also known as "spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or
representative of UTA.
You also
agree that you will not harvest or collect information about the users or
members of the UTA Website or use such information for the purpose of
transmitting or facilitating transmission of unsolicited bulk electronic e-mail
or communications.
You further
agree that you will not knowingly solicit or collect personal information from
a child 12 years old or younger without appropriate prior verifiable parental
consent.
UTA generally
does not pre-screen, monitor, or edit the content posted by users of
communications services, chat rooms, message boards, newsgroups, software
libraries, or other interactive services that may be available on or through
the UTA Website. However, UTA and its agents have the right at their sole
discretion to remove any content that, in our judgment, does not comply with
the Rules of User Conduct or is otherwise harmful, objectionable, or
inaccurate. UTA is not responsible for any failure or delay in removing
such content
Third Party Sites
The UTA Website may produce automated search results or otherwise link you
to other sites on the Internet. These sites may contain information or
material that some people may find inappropriate or offensive. These
other sites are not under the control of UTA, and you acknowledge that UTA is
not responsible for the accuracy, copyright compliance, legality, decency, or
any other aspect of the content of such sites. The inclusion of such a
link does not imply endorsement of the site by UTA or any association with its
operators.
Proprietary Rights
The UTA name and logo and all product and service names, design marks and slogans are trademarks, service marks or registered trademarks of UTA or its affiliates and may not be used in any manner without the prior written consent of UTA. UTA products, the systems and methods that such products access, and the related services that UTA and its affiliates provide are covered by one or more patents or patents pending, including without limitation US Patent 7,072,455. You acknowledge and agree that all content and materials available on the UTA Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by UTA, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from the UTA Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from UTA is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
Procedure for Making Claims of Copyright
Infringement
UTA, its subsidiaries, and
affiliate companies respect the intellectual property of others, and we ask our
content providers and those posting materials to the UTA Website to do the
same. If you believe that your copyrighted work has been copied and is
accessible on the UTA Website in a way that constitutes copyright infringement,
please let us know right away by providing our copyright agent with the
following information:
-
the electronic or physical signature of the
owner of the copyright or the person authorized to act on the owner's behalf
-
a description of the copyrighted work that you
claim has been infringed and a description of the infringing activity
- identification of the location where the original or an authorized copy
of the copyrighted work exists, for example the URL of the website where it is
posted or the name of the book in which it has been published
- identification of the URL or other specific
location on the UTA Website where the material that you claim is infringing is
located (you must include enough information to allow us to locate the
material)
-
your name, address, telephone number, and email
address
- a 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
- 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 are authorized to act on the copyright owner's behalf.
Our agent
for notice of claims of copyright infringement on the UTA Website can be
reached as follows:
- By Mail:
520 Broad Street
Floor 6
Newark, NJ 07102
Attn: Legal Department
- By
phone:
516-394-1501
This contact
information is only for reporting copyright infringement. Contact
information for other matters is provided elsewhere on the UTA Website.
Copyright Notice
All contents of the UTA Website are: Copyright ©1998 - 2007
UTA Web Sales, LLC and/or its content
providers, 520 Broad Street, Floor 6 Newark, NJ 07102
USA. All rights reserved.
User's Grant Of Limited License
By posting or submitting content to the UTA Website, you:
- grant
UTA and its affiliates and licensees the right to use, reproduce, display,
perform, adapt, modify, distribute, have distributed, and promote the content
in any form, websites and for any purpose; and
- warrant
and represent that you own or otherwise control all of the rights to the
content and that public posting and use of your content by UTA will not
infringe or violate the rights of any third party.
Disclaimer Of Warranties
All materials, information, software, products, and services included in or
available through the UTA Website (the "content") are provided
"as is" and "as available" for your use. The content
is provided without warranties of any kind, either express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, or noninfringement.
UTA its subsidiaries, affiliates and licensors do not warrant that the content
is accurate, reliable or correct; that the UTA Website will be available at any
particular time or location; that any defects or errors will be corrected; or
that the content is free of viruses or other harmful components. Your use
of the UTA Website is solely at your risk. Because some jurisdictions do
not permit the exclusion of certain warranties, these exclusions may not apply
to you.
Limitation of Liability
Under no circumstances shall UTA, its subsidiaries, affiliates or licensors
be liable for any direct, indirect, punitive, incidental, special, or
consequential damages that result from the use of, or inability to use, the UTA
Website. This limitation applies whether the alleged liability is based
on contract, tort, negligence, strict liability, or any other basis, even if
UTA has been advised of the possibility of such damage. Because some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, UTA’s liability in such
jurisdictions shall be limited to the extent permitted by law.
Indemnification
Upon a request by UTA, you agree to defend, indemnify, and hold harmless UTA
and its subsidiary and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities, claims, and
expenses, including attorney's fees, that arise from
your use or misuse of the UTA Website. UTA reserves the right, at it own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will cooperate with UTA
in asserting any available defenses.
International Use
UTA makes no representation that materials on the UTA Website are
appropriate or available for use in locations outside the United States,
and accessing them from territories where their contents are illegal is prohibited.
Those who choose to access the UTA Website from other locations do so on their own initiative and are responsible for
compliance with local laws.
Choice Of Law & Forum
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of New York,
excluding its conflicts of law rules. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of or relating to
these Terms of Use or your use of the UTA Website shall be filed only in District
Court, Southern District of New York, and you further agree and submit to the
exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
Termination
UTA reserves the right, in its sole discretion, to terminate your access to
all or part of the UTA Website, with or without notice.