By signing up for the UBot Network (“Service”) or any of the services of Seth Turin Media Inc. (“STMI”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by STMI under the Terms of Service include various products and services to help you sell products online, hire and work directly with other members of the UBot Network, complete various business transactions, engage with other community members, and learn through our education center. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at Our Terms of Service Page. STMI reserves the right to update and change the Terms of Service by posting updates and changes to the STMI website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
By using STMI or any STMI services, you are agreeing to these terms. Be sure to occasionally check back for updates.
- Account Terms
1 You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
2 To access and use the Services, you must register for a Services account (“Account”) by providing your full legal name, a valid email address, and valid payment method. STMI may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. 3 You acknowledge that STMI will use the email address you provide as the primary method for communication.
4 You are responsible for keeping your password secure. STMI cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
5 You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your STMI Account (“Content”). You must not transmit any worms or viruses or any code of a destructive nature.
6 A breach or violation of any term in the Terms of Service as determined in the sole discretion of STMI will result in an immediate termination of your services.
- Account Activation
1 Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
2 If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- General Conditions
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may become a member of STMI.
1 Technical support is only provided to paying Account holders.
2 The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Colorado applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Colorado with respect to any dispute or claim arising out of or in connection with the Terms of Service.
3 You acknowledge and agree that STMI may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on STMI’s website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to STMI’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
4 You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States of America.
5 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by STMI.
6 You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use UBot Network, UBot Media, UBOT, STMI or STMI trademarks and/or variations and misspellings thereof.
7 Questions about the Terms of Service should be sent to: email@example.com
8 You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks operated by STMI; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- STMI Rights
1 We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2 We reserve the right to refuse service to anyone for any reason at any time.
3 We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
4 Verbal or written abuse of any kind (including threats of abuse or retribution) of any STMI customer, STMI employee, member, or officer will result in immediate Account termination.
5 STMI does not pre-screen Content and it is in our sole discretion to refuse or remove any Content that is available via the Service.
6 We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that STMI employees and contractors may also be STMI customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
8 STMI retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, STMI reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STMI, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL STMI BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR STMI ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STMI, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) SELLER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL STMI, ITS PROCESSORS, SERVICE PROVIDERS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY STMI IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Services are controlled and operated from facilities in the United States. STMI makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.
- No Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STMI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, STMI, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
STMI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STMI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Waiver and Complete Agreement
The failure of STMI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and STMI and govern your use of the Service, superseding any prior agreements between you and STMI (including, but not limited to, any prior versions of the Terms of Service).
- Intellectual Property and Customer Content
1 We do not claim any intellectual property rights over the material you provide to the STMI service. All material you upload remains yours. You can remove your STMI store at any time by deleting your Account.
2 By uploading Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow STMI to display and store your Content; and (c) that STMI can, at any time, review all the Content submitted by you to its Service.
3 You retain ownership over all Content that you upload to the UBot Networks site; however, by making your store public, you agree to allow others to view your Content. You are responsible for compliance of Content with any applicable laws or regulations.
4 You retain ownership over all content that you submit to the UBot Networks site however, by making your store public, you agree to allow others to view your content.
5 We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Cancellation and Termination
1 You may cancel your Account at anytime.
2 Upon termination of the Services by either party for any reason:
1 STMI will cease providing you with the Services and you will no longer be able to access your Account;
2 unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
3 any outstanding balance owed to STMI for your use of the Services through the effective date of such termination will immediately become due and payable in full.
3 If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice. Once that invoice has been paid in full, you will not be charged again.
4 Any commissions owed at the time of termination will be remitted according to the regularly scheduled payment cycle currently in place.
5 We reserve the right to modify or terminate the STMI Service or your Account for any reason, without notice at any time.
6 Fraud: Without limiting any other remedies, STMI may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
- Modifications to the Service and Prices
1 Prices for using the Services are subject to change upon 30 days notice from STMI. Such notice may be provided at any time by posting the changes to the UBot Networks Site (network.ubotstudio.com).
2 STMI reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
3 STMI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- DMCA Notice and Takedown Procedure
STMI supports the protection of intellectual property and asks UBot Network merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to STMI’s designated agent. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.