Welcome to the website (the "Site") of ubWitness.com, a subsidiary of 1011 Web Solutions LLC ("ubWitness.com"). ubWitness.com provides services to you subject to the following Website Terms and Conditions ("Terms of Use"). These Terms of Use constitute a binding agreement between us and you governing your use of this Site. In addition, when you use any ubWitness.com service you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into these Terms of Use by this reference. ubWitness.com reserves the right to change this Site and these terms and conditions at any time without notice to you. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.
USE OF SITE
You represent and warrant that you are at least 13 years old or visiting the Site under the supervision of a parent or guardian and are not barred by any laws from using the Site. You agree to provide true, accurate, current and complete information about yourself in all required fields. If your information changes you agree to update your information on the Site as soon as possible.
Subject to these Terms of Use, ubWitness.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser for only the intended use of the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by ubWitness.com in advance. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by ubWitness.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to ubWitness.com's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; (c) contains any telephone numbers, street addresses, last names, URLs or email addresses; or (d) includes any bugs, viruses, worms, trap doors, Trojan horses , robots, spiders, time bombs or other harmful code or properties. Notwithstanding the foregoing, ubWitness.com grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the Site content and materials, but not caches or archives of such material. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
In order to access some features of the Site you will have to create an account. When creating your account you must provide accurate and complete information. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Use, and ubWitness.com has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify ubWitness.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. You may change your password at any time by updating your account profile page. You are not allowed to use another user's account without permission. UBWITNESS.COM CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
You agree not to collect or use any personally identifiable information including, without limitation, account names, screen names, email addresses, designs or other user submitted information from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes including without limitation to solicit for commercial purposes any users of the Site. You also agree not to harm minors in any way or solicit personal information from anyone else using the Site.
The risk of loss and title for items purchased by you pass to you upon ubWitness.com's delivery of the items to the carrier.
USER SUBMISSIONS
Except as otherwise provided elsewhere in these Terms of Use or on the Site, anything that you submit or post to the Site and/or provide ubWitness.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and ubWitness.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of ubWitness.com and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant ubWitness.com the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by ubWitness.com will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead ubWitness.com or third parties as to the origin of any Submissions or content. ubWitness.com reserves the right, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
You acknowledge that Submissions are not endorsed by ubWitness.com and we make no guarantee regarding the reliability, accuracy or quality of any Submission that is posted on the Site. You acknowledge that you will evaluate and bear any risks related to your use of any Submission, including any reliance on the accuracy, completeness or usefulness of such Submission. You also acknowledge your sole recourse for any damage you may suffer as a result of Submissions shall be to such individual.
INTELLECTUAL PROPERTY RIGHTS
The content on the Site, except as otherwise provided elsewhere in these Terms of Use or on the Site, including without limitation the text, graphics, images, designs, photos, videos, music, sound and logos created by and for ubWitness.com, interactive features, source code, trademarks and service marks contained herein (collectively "Marks") are owned by or licensed to ubWitness.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of ubWitness.com or as expressly provided herein. We reserve all rights not expressly granted in and to the Site and the Content and Marks contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content or Marks for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or Marks or enforce limitations on use of the Site or the Content or Marks therein.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site. Our Privacy Policy is available at http://www.ubWitness.com/ubwitness-privacy-policy.aspx.
DESIGN SUBMISSION TERMS AND CONDITIONS
Please review our Design Submission Terms and Conditions, which also governs your use of the Site. It is available at http://www.ubWitness.com/designer-terms.aspx.
SHIPPING AND RETURN POLICY
Please review our Shipping & Return Policy, which also governs your use of the Site. It is available at http://www.ubWitness.com/shipping-returns-policy.aspx.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, ubWitness.com may, without prior notice to you and in its sole discretion, immediately terminate the Agreement or revoke any or all of your rights granted under these Terms of Use. Upon any termination, you shall immediately cease all access to and use of the Site and ubWitness.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. ubWitness.com shall not be liable to you or any third party for any termination of your account, any associated email address or access to the Site.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY UBWITNESS.COM ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UBWITNESS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UBWITNESS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UBWITNESS.COM'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO UBWITNESS.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, ubWitness.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
LINKS
The Site may contain links to third party websites that are not owned or controlled by ubWitness.com. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party websites. By using the Site you specifically release ubWitness.com and any related affiliate, subsidiary or company from any and all liability arising from your use of any third-party website.
COPYRIGHT COMPLAINTS
ubWitness.com respects the intellectual property of others, and we ask our users to do the same. In your use of and interactions with us and the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a design or t-shirt idea. We reserve the right, in our discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Site in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider 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.
- 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.
- 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.
Such written notice should be sent to our designated agent as follows:
Copyright Complaints
ubWitness.com
900 South Shackleford Road, Suite 401
Little Rock, AR 72211
Phone: 501-975-1011
Fax: 501-537-7778
Email: Please use the Site's Contact Us form to reach us electronically.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Indemnity
You agree to defend, indemnify and hold harmless ubWitness.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ubWitness.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
APPLICABLE LAW
By visiting this Site, you agree that the laws of the State of Arkansas, without giving effect to any principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ubWitness.com or any of its affiliates or subsidiaries. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Little Rock, Arkansas, except that to the extent you have in any manner violated or threatened to violate ubWitness.com's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Arkansas. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Arkansas. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
SEVERABILITY
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ubWitness.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Site. It is your responsibility to review these Terms of Use for any changes. Your use of the Site following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
OUR ADDRESS
Please send any questions or comments regarding this Site to:
ubWitness.com
900 South Shackleford Road, Suite 401
Little Rock, AR 72211
Last Modified: 7/22/2009