Last updated: October 29th, 2012
Registration and Access to the Site and Tablet
As a user of our Site and Tablet, you agree to represent yourself accurately and truthfully at all times. You grant UNOWHY the right to independently verify any information that you provide to UNOWHY about yourself, including any information that you provide in order to make any purchases of goods and services through the Site and the Tablet.
Our Site and Tablet are not intended for children under 13 years of age. If you are under age 13, do not access our Site and Tablet.
In order for you to obtain a promotional code to view the Tablet Content, you may be required to purchase a subscription, pass or credits, the sale of which is governed by our Terms of Sale and our Service and Pricing Options.
UNOWHY, its affiliates, or licensors own or control all rights, title, and interest in the Site and Tablet including the design, user interface, text, copy, graphics, artwork, videos, photographs, trademarks (including “QOOQ”, “Tablette QOOQ” and “UNOWHY” and other trademarks on our Site and Tablet), logos, sound, music, videos, computer code and other files (“Content”), and the selection, arrangement, and “look and feel” of such Content. Our Content is protected by trade dress, trademark, copyright and various other intellectual property laws.
Unless otherwise expressly permitted by UNOWHY, you may not copy, reproduce, post, publish, display, republish, distribute, transmit, modify, create derivative works from, upload, or otherwise exploit any Content, data or materials on or available through our Site and Tablet including “mirroring” to any other computer, without our express prior written consent. Unless otherwise expressly permitted by UNOWHY, your use of the Site and Tablet shall be for personal use and shall not be for commercial use.
You are prohibited from (1) using any automated device, such as a robot, spider, deep linker, or page scraper, or the manual equivalent to access, copy, monitor or scrape any content from our Site and Tablet or (2) using framing or similar techniques to enclose our Content.
You may display and print a single copy of material from our Site and Tablet provided that you (1) do so solely for personal, non-commercial use and (2) keep all copyright or other proprietary notice language intact. If you are a public search engine, notwithstanding the above, you may use automated devices to copy materials available without charge on our Site and Tablet solely as necessary to make our Site and Tablet publicly searchable.
All of UNOWHY’s, its affiliates, or licensors rights to the Site and Tablet, the Content or intellectual property not expressly granted to you are reserved.
Notice for Making Claims of Copyright Infringement.
UNOWHY respects the intellectual property rights of third parties. UNOWHY will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated for the Site and Tablet:
Unowhy US, Inc.
Attention : Jean-Yves Hepp
185 Alewife Brook Parkway, Suite 410, Cambridge MA 02138 USA
Telephone Number: 781-229-8588
To be effective, the notification must include the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) 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 UNOWHY to locate the material; (d) information reasonably sufficient to permit UNOWHY 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; (e) 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; and (f) 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.
Links to Our Site and to Other Sites
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Sites available without charge so long as the link does not portray UNOWHY, its subsidiaries, affiliates, licensors, or partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner.
We may provide a link to other sites that allow you to leave the Site to access third-party materials (“Linked Materials”). These Linked Materials are made available solely for your convenience. UNOWHY is not responsible for, does not monitor, has no control over, and does not endorse the Linked Materials. You access the Linked Materials at your own risk.
UNOWHY may run advertisements and promotions from third parties on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers other than UNOWHY found on or through the Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. UNOWHY is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-UNOWHY advertisers on the Sites.
YOUR USE OF THE CONTENT, SITES AND SERVICES PROVIDED THEREIN IS AT YOUR SOLE RISK UNLESS EXPLICITLY STATED OTHERWISE. UNLESS EXPLICITLY STATED OTHERWISE, THE CONTENT, SITES, INCLUDING THE SERVICES PROVIDED THEREIN AND ANY PRODUCTS PROVIDED ON THE SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. UNLESS EXPLICITLY STATED OTHERWISE OR REQUIRED UNDER APPLICABLE LAW, UNOWHY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNOWHY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT, SITES OR THE SERVICES PROVIDED THEREIN. UNOWHY MAKES NO WARRANTY OR REPRESENTATION THAT THE CONTENT, SITES OR SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF ANY VIRUSES, TROJAN HORSES OR WORMS.
EXCEPT AS EXPRESSLY STATED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN SITES. THE CONTENT AND SITES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS. UNOWHY ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.
UNOWHY DOES NOT ENDORSE AND IS NOT LIABLE FOR ANY CONTENT, FOR EXAMPLE, DATA, TEXT, INFORMATION, USERNAMES, GRAPHICS, IMAGES, PHOTOGRAPHS, PROFILES, AUDIO, VIDEO, ITEMS AND LINKS MADE AVAILABLE BY OUTSIDE PARTIES ON THE SITES, INCLUDING WITH RESPECT TO THE (a) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE SITES BY ANY PARTY; OR (b) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITES, OTHER THAN AS REQUIRED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCE WILL UNOWHY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE SITES OR A LINKED WEBSITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, PRODUCTS OR OTHER CONTENT AVAILABLE THROUGH THE SITES OR THE SERVICES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE CONTENT, SITES AND ANY LINKED SITES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNOWHY, ITS AFFILIATES AND ANY OTHER OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE CONTENT, SITES OR THE SERVICES, EVEN IF UNOWHY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE CONTENT, SITES OR SERVICES; (b) 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 SITES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNOWHY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES FOR ANY CLAIMS ARISING OUT OF THE USE OF THE CONTENT, SITES OR SERVICES IS LIMITED TO $100. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Waiver and Severability