Acceptance of Terms
By using Utavi you are subject to the following Terms of Service, which may be updated by us from time to time without notice.
Use of Utavi
When you visit Utavi, purchase products or services through this Internet site, or contact us, you are communicating with us electronically. We will also communicate with you via electronic messages or by posting notices on and updates to the site. By using the site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using this site, you represent that you will be responsible for maintaining your account and password and for restricting access to your computer. You also agree to be responsible for any and all activities that occur under your password or your account. Utavi will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms and Conditions. To purchase any products or service or use the services on this site, you must register as a Member. By entering any information on this site, you represent and warrant that:
You are using your actual identity
You have provided only true, accurate, current and complete information
You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
If you wish to cancel your Membership, or if you become aware of any loss, theft or unauthorized use of a username and/or password, you must notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our site at any time, for improper use. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue any or all features of this site at any time without prior notice.
Product and Service Description
Utavi attempts to be as accurate as possible with product and service descriptions. However, Utavi does not warrant that product and service descriptions or other content on this site is accurate, complete, reliable, current, or error-free. If a product or service offered is not as described, your sole remedy is to contact the Seller of the product or service. The listing, description of, or reference to, a product or service on this site does not imply that the product or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations imposed by governing bodies having jurisdiction over such products or services.
You agree to indemnify and hold Utavi and its subsidiaries, affiliates, officers, agents or other Partners, and company personnel, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Member content, your use of the site, your connection to the site, your violation of the TOS, or your violation of any rights of another.
Modifications to Service
Utavi 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 Utavi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Utavi respects the intellectual property rights of others and we ask our users to do the same. Except as expressly authorized by Utavi, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Utavi, in whole or in part.
Utavi may provide you with notices, including those regarding changes to the TOS by an electronic message.
Utavi is an interactive on-line service on the World Wide Web of the Internet, consisting of information, products, services and content provided by its Members, Vendors, Partners and Company Personnel. "Member" means each person who establishes an account for access to the Utavi site.
By using Utavi, Member agrees to comply with all of the terms and conditions hereof. The right to use Utavi is personal to the Member and is not transferable to any other person or entity. The Member is responsible for all use of the Member's account and for ensuring that all use of Member's account complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Members' username and password.
Utavi shall have the right at any time to change or discontinue any aspect or feature of Utavi, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Member shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Utavi and all charges related thereto.
Member shall use Utavi for lawful purposes only. Member shall not post or transmit through Utavi, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene or profane, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a Member that in Utavi' discretion restricts or inhibits any other Member from using or enjoying Utavi will not be permitted.
Member may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Member may download copyrighted material for Member's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of Utavi and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution or copyright notice shall be made. Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Member shall not upload, post or otherwise make available on Utavi any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the Member. Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Utavi, Member automatically grants, or warrants that the owner of such material has expressly granted Utavi the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Disclaimer of Warranty and Limitation of Liability
Member expressly agrees that use of Utavi is at Member's sole risk. Neither Utavi, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that Utavi will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Utavi or as to the accuracy, reliability or content of any information, service, or merchandise provided through Utavi.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Member specifically acknowledges that Utavi is not liable for the defamatory, offensive or illegal conduct of other Members or third parties and that the risk of injury from the foregoing rests entirely with the Member.
In addition to the terms set forth above neither Utavi nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within Utavi or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Utavi shall have the right, but not the obligation, to monitor the content of Utavi, to determine compliance with this Agreement and any operating rules established by Utavi. Utavi shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Utavi.
Member agrees to defend, indemnify and hold harmless Utavi, its affiliates and their respective directors, officers, company personnel and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Utavi by the Member.
Your security and privacy are very important to us.
Email addresses are used solely for Member identification. We will never sell or share your email addresses with anyone.
Your Search History
Member Search Histories are never provided or sold to any third parties.
A cookie is a piece of data stored on the end-user's hard drive containing information that relates directly to the end-user's visit to our web site. Any information placed in the cookie is accessible only to Utavi, and will not be sold or shared with anyone else under any circumstances.
Information Collection and Use
Utavi is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Utavi collects information from our users at several different points on our website.
We use IP addresses to analyze trends, administer the site, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
We may share aggregated user information with our Partners. This is not linked to any personal information that can identify an individual.
All of our Member's information is restricted in our company. Only company personnel who need the information to perform a specific job function (like the site Administrator) are granted access to personally identifiable information. Periodically, as well as any time new policies are added, our company personnel are notified and/or reminded of the importance of keeping our Member's information secure and safe at all times.
The information contained herein is provided to Utavi by Members, Partners and company personnel. While Utavi makes every effort to present accurate and reliable information on this Internet site, Utavi does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference herein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Utavi.
Utavi (including its personnel and agents) assumes no responsibility for consequences resulting from the use of the information herein (or from use of the information obtained at linked Internet addresses), or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, or personal rights of others. Utavi is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by Utavi with respect to such information.
At certain places on this Internet site, links to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Utavi. Utavi does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Utavi.