Last Updated: November 9, 2015.
Welcome! This Privacy & Cookies Policy governs the online and mobile services (e.g., apps), and software made available by UMIGO, Inc. (“ UMIGO”, “we” “our” or “us”), including your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and that post a link to this Privacy & Cookies Policy (collectively, the “Service”), regardless of how you access or use the Service, whether via computer, mobile device or otherwise. This Privacy & Cookies Policy does not apply to data we receive from third parties, unless we combine such data with Personal Information (defined below) that we have ourselves collected under this Privacy & Cookies Policy. Subject to applicable law, this Privacy & Cookies Policy does not apply to our data collection activities offline or otherwise outside of our Service (unless otherwise stated below), and does not govern the data practices of third parties that may interact with our Service.
To the extent we provide you notice on our Service of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use. Younger visitors should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of information.
In addition, please review the Service’s Terms of Use, which governs your use of the Service. By using our Service, you consent to our Privacy & Cookies Policy and our Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below . If you do not agree to the terms of this Privacy & Cookies Policy, please do not provide us with any information and do not use this Service.
Privacy & Cookies Policy Table of Contents and Summary
It is important that you read and understand the entire Privacy & Cookies Policy before using the Service. To ease review, each section below contains a brief introductory summary. A full explanation follows this Table of Contents and Summary. Any capitalized terms that appear in but are not otherwise defined in the introduction have the meanings given to them elsewhere in the Privacy & Cookies Policy.
1. What Information Does the Service Collect?
We collect and receive certain information about you as you interact with our Service, explained further in this section.
(a) Information You Provide to Us
We may collect certain Personal Information and Demographic Information (defined below) that you provide to us when you interact with the Service. For example, we may collect this information through various forms and in various places on the Service, including when you sign-up for an account to use the Service or when you otherwise interact with the Service (such as when you view and click on activities) offered on the Service.
(b) Information Collected and Stored As You Access and Use the Service
Certain information may be collected from you automatically when you access and use the Service. For example, we and third parties may use Tracking Technologies (defined below) to collect Usage Information (defined below) based on your Device Identifier (defined below) for a variety of purposes (including targeted ads), which may include tracking your activities over time and across third party web sites and locations.
(c) Location-Based Information
When using our Service, we may obtain information about your location or provide other location based services to you.
(d) Information Third Parties Provide About You
We may obtain information about you from third parties.
(e) Interactions with Third-Party Services
If you interact with third-party services, those services may send us information about you and you or we may send them information about you.
(f) California Do Not Track Disclosures
We do not look for or respond to “do not track” signals, but you may have certain other options regarding tracking and/or targeting.
(g) Information You Provide About a Third Party
You may provide us information about others, such as when you send a friend or family member a message. If so, the information you provide (names, email addresses, etc.) may be used to facilitate the communication, but will not be used for other marketing purposes unless your friend or family member consents. You may be identified to the friend or family member in connection with such a message.
2. How Do We Use The Information Collected?
(a) Use of Information By Us
We use your Personal Information, Demographic Information and Usage Information for a variety of purposes detailed in this Section.
(b) Use of Information For Recruitment Purposes
If you apply for a job with us, we use your application and related information for considering you for a position.
3. How and When Do We Share Information With Third Parties?
We may provide your information to third parties under various circumstances detailed in this Section. These may include:
(a) When You Request Information From or Provide Information to Third Parties
If you request information from third parties, request that we send information to third parties or interact with third-party web sites, ads, content or tools (including Facebook and other third party share functionality), we may share your information with such parties and/or they may collect your information directly.
Our vendors may collect your information on our behalf or we may share it with them so that they may provide services to us and you. Some may offer you choices regarding the collection and use of your information.
(c) To Protect the Rights of DHX and Others
There are a variety of administrative and legal reasons for which we may share some or all of your information.
(d) Affiliates and Business Transfer
We may share your information with our affiliates and in the event of a sale, merger or similar transaction.
(e) Co-branded Areas
Co-branded areas may include information collection by us and third parties. Such third parties privacy policies, not ours, govern their practices.
(f) Sweepstakes, Contests and Promotions
We collect and use information in connection with sweepstakes, contests and other promotions.
(g) Your California Privacy Rights
California residents may request information about sharing of certain personal information with third parties for the third parties’ direct marketing purposes by contacting us using the methods described in this section.
(h) Your European Privacy Rights
Certain European residents have certain data protection rights
4. What About Information I Disclose Publicly or to Others?
(a) User Content and Public Information
Posting content in public areas makes it available to others. We may share and use your public information as further explained in this Privacy & Cookies Policy.
(b) Name and Likeness
You grant us the right to use your name and likeness in connection with your posting and activities.
5. Ads and Information About You
We and third parties may send you targeted ads based on your location, information and/or behavior. If you object, you can exercise choices some third parties may offer.
6. Does Third-Party Content, Links to Third-Party Sites and/or Third-Party Apps appear on the Service?
We may allow you to access third-party content on the Service, or to link to third-party applications and locations from the Service, but we are not responsible for your interaction with third-party content, apps and locations.
7. How Do I Access, Update or Correct My Information, Communications Preferences and Questions?
You may access, update or correct your Personal Information and change your communications preferences as more fully detailed in this Section.
You can contact us for more information about the manner in which we and our service providers collect, use, disclose and otherwise manage your Personal Information.
8. What About the Transfer of Information to Other Countries?
You consent to your data being transferred to Canada, the United States and the European Union.
9. What Should Parents Know About Children?
We recognize the need to provide further privacy protections with respect to personal information we may collect from children under the age of thirteen (13) and do not knowingly collect personal information from children on the Service that requires parental notice and consent under the Children’s Online Privacy Protection Act without obtaining such parental consent. If you think we have, let us know.
10. What About Security?
No data security is absolute, but we endeavor to take reasonable steps to secure data appropriately.
11. What About Changes to the Privacy & Cookies Policy?
We may change this Privacy & Cookies Policy upon posting of a revised privacy & cookies policy. However, we will continue to treat your Personal Information under the terms of the privacy & cookies policy in effect when it was collected unless you otherwise consent.
The Full Detailed Privacy & Cookies Policy
1. What Information Does the Service Collect?
(a) Information You Provide to Us
On the Service, we may ask you to provide us or our service providers with certain categories of information, such as: (1) personally identifiable information, which is information that could be used to identify you personally, such as your first and last name, phone number, credit card number, mailing address, username and password, birth date and email address (“Personal Information”); and (2) demographic information, such as information about your age and gender (“Demographic Information”). We may collect this information through various forms and in various places on the Service, including if you register for an account, through “contact us” forms, or when you otherwise interact with the Service. If we combine Demographic Information with the Personal Information we collect directly from you on the Service or the Demographic Information can otherwise be associated with you, we will treat the combined data as Personal Information under this Privacy & Cookies Policy. Where required by applicable law ( e.g., in Europe), we will treat Demographic Information as Personal Information in any event.
(b) Information Collected and Stored As You Access and Use the Service
In addition to any Personal Information or other information that you choose to submit to us via our Service, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Service (“ Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Service or the Usage Information can otherwise be associated with you, we will treat it as Personal Information. Where required by applicable law (e.g., in Europe), we will treat Usage Information as Personal Information in any event.
This Usage Information may include:
· your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
· your Device functionality (including browser, operating system, hardware, mobile network information);
· the areas within our Service that you visit and your activities there, including remembering you and your preferences;
· your Device location;
· your Device characteristics; and
· certain other Device data, including the time of day, among other information.
We will use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following:
Cookies . A cookie is a text file placed on a Device when it is used to visit the Service. A Flash cookie (or Locally Shared Object) is a text file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. "Regular" cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Please refer to the help and support area on your browser for instructions on how to block or delete cookies. Note, these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, go to Adobe’s website www.adobe.com. For information on managing “regular” cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.com (if you are resident in the E.U.), or visit www.aboutads.info (if you are resident in the U.S.), or visit http://youradchoices.ca/understanding-online-advertising#cookies (if you are resident of Canada), which has further information about behavioural advertising and online privacy. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Service may not function properly, and that when you visit our Service your ability to limit cookies is subject to your browser settings and limitations.
Web Beacons . Small graphic images or other web programming code called web beacons (also known as “1x1 GIFs”, “clear GIFs” or "pixels") may be included in our Service’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Service, to monitor how users navigate the Service, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.
Embedded Scripts . An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
Browser/Device Fingerprinting . Collection and analysis of information from your Device, including your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or entity tag . A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies . Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We use Tracking Technologies for a variety of purposes, including:
Strictly Necessary . These cookies or other Tracking Technologies are essential in order to help you use and access our Service. The information collected by these cookies relate to the operation of our Services, for example website scripting language and security tokens to prevent fraudulent activity, improve security or allow you to make use of Service functionality.
Performance‑Related . These cookies or other Tracking Technologies are used to assess the performance of the Service, including as part of our analytic practices by third-party providers including Google Analytics, or otherwise to improve the content, ads, products or services offered through the Service. These cookies collect anonymous information about how you use the Service, for example which pages you visit most often, whether you receive any error messages, and how you arrived at our website.
Functionality‑Related . These cookies or other Tracking Technologies offer you enhanced functionality when accessing the Service, including identifying you when you use our Service or keeping track of your specified preferences, for example the country you visit our Service from, your language and the presentation of content on our Service (such as font size).
Targeting‑Related . These cookies or other Tracking Technologies to deliver content, including ads relevant to your interests on our Service and third‑party services based on how you interact with our advertisements and/or content and those of third-party services. This includes using cookies to understand the usefulness to you of the content and ads that have been delivered to you. These cookies are usually placed by third-party advertising networks.
There may be other Tracking Technologies now and later devised and used by us in connection with the Service. Further, Please note that third parties may use Tracking Technologies in connection with our Service, which may include the collection of information about your online activities over time and across third-party websites or online services. See Section 5 below for more information on targeted ads. We do not control those Tracking Technologies and subject to applicable law, we are not responsible for them. However, you consent to potentially encountering third-party Tracking Technologies in connection with use of our Service and accept that our statements under this Privacy & Cookies Policy do not apply to the Tracking Technologies or practices of such third parties.
(c) Location-Based Information
Our Service may use location-based services in order to locate you so we may verify your location, deliver you relevant content and ads based on your location as well as to share your location with our vendors as part of the location-based services we offer. You may be able to change the settings on your Device to prevent it from providing us with such information. You should consider the risks involved in disclosing your location information to other people.
(d) Information Third Parties Provide About You
We may receive information about you from your friends and others that use the Service, such as when they submit content to us or post on the Service. Additionally, we may, from time to time, supplement the information we collect directly from you on our Service with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with Personal Information we collect on the Service, it will be treated as Personal Information and we will apply this Privacy & Cookies Policy to such combined information, unless we have disclosed otherwise.
(e) Interactions with Third-Party Services
The Service may include functionality that allows certain kinds of interactions between the Service and a third-party web site or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, when you register with the Service, you may have an option to use your Facebook, Twitter, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Service, or otherwise link accounts. If we offer and you choose to use this functionality to access or use our Service, the third-party site or application may send Personal Information about you to us. Further, if you click on social media icons on the Service (such as for Facebook, Twitter or Instagram), those actions may be associated with, and we may have access to, your Personal Information you provided on those third-party sites or applications. If so, we will then treat it as Personal Information under this Privacy & Cookies Policy, since we are collecting it as a result of your accessing of and interaction on our Service. In addition, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. For example, we may use third parties to facilitate emails, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy & Cookies Policy. DHX may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Service.
(f) California Do Not Track Disclosures
Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
(g) Information You Provide About a Third Party
You may request that we send someone else a communication from the Service on your behalf, such as sending an invitation to a friend or family member. You must have obtained the consent of your friend before making such submissions. The information you provide (names, email addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.
2. How Do We Use the Information Collected?
(a) Use of Information by Us .
We may use your Personal Information, Demographic Information or Usage Information that is subject to this Privacy & Cookies Policy:
· to process transactions you request; or provide you with information such as to send you electronic newsletters or
· to provide you with special offers or promotional and marketing materials on behalf of us or third parties, including to let you know about new products, services or upcoming events, where you have given us the appropriate permissions if required by applicable law;
· to improve the Service, marketing endeavors or our Service offerings;
· to customize your experience on the Service or to serve you specific content or ads that are relevant to you, including using your location information to display advertisements for businesses in your close vicinity, where you have given us the appropriate permissions if required by applicable law;
· to place an order made through the Service;
· to notify you of product recalls or providing other information concerning products you have purchased;
· to provide customer support;
· to contact you with regard to your use of the Service and, in our discretion, changes to the Service and/or Service’s policies;
· to identify your product and Service preferences so that you can be informed of new or additional products, services and promotions;
· to enable you to participate in a variety of the Service’s features such as to enable you to participate in online entry sweepstakes, contests or other promotions;
· to improve the overall experience at the Service;
· for internal business purposes; and
· for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy & Cookies Policy.
(b) Use of Information for Recruitment Purposes . Where you have provided us with Personal Information or Demographic Information as part of an online application for employment or internship, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and similar matters in order to help us determine your suitability for employment. Where this Personal Information or Demographic Information is considered to be sensitive, U.S. residents expressly consent to our processing of this information for recruitment purposes by submitting it to us.
3. How and When Do We Share Information with Third Parties?
We may share non-Personal Information, such as aggregated user statistics, with third parties. We may share your Device Identifiers with third parties along with data related to you and your activities for the purposes identified in Section 2 above. Further, we may share your Personal Information with third parties such as our co-promotional partners or others with whom we have marketing or other relationships for the third parties’ direct marketing purposes. If you are a California resident, you have the right to request additional information about this sharing, so please see Section (3)(g) below. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy & Cookies Policy. We may also disclose your information as follows:
(a) When You Request Information From or Provide Information to Third Parties . You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, certain portions of your Personal Information and other information may be disclosed to such third parties and all information disclosed will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools, apps or ads on our Service or link to them from our Service. This may include using third-party tools such as those of Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
(b) Third Parties Providing Services on our Behalf . We may use third-party vendors to perform certain services on behalf of us or the Service, such as: (i) to assist us in Service operations; (ii) to manage a database of customer information; (iii) hosting the Service; (iv) designing and/or operating the Service’s features; (v) tracking the Service’s activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, they need in order to carry out the services they are performing for you or for us. We do not authorize our service providers to use Personal Information for any purpose other than providing the services on our or your behalf. We may also use third-party analytics and other service providers to help us gather and analyze information about the areas that you visit on our websites in order to evaluate and improve the user experience and the convenience of our Service, and to help us evaluate some of the specific information related to your Service visits. Such third parties may set and access Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. Subject to applicable law, we are not responsible for those third party technologies or activities arising out of them. However, some of these third parties may offer you certain choices regarding their practices. We are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(c) To Protect the Rights of DHX and Others . We may access, use, preserve, transfer and disclose your information (including Device Identifiers and Personal Information) to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Service’s Terms of Use or other policies applicable to the Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Service or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use IP address or other Device Identifiers to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion, subject to applicable law. Such disclosures may be carried out without notice to you.
(d) Affiliates and Business Transfer . We may share your information, including your Device Identifiers and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates. Subject to applicable law, we may disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a prospective or completed merger, consolidation, restructuring, the sale of substantially all or part of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
(e) Co-branded Areas . Certain areas of the Service may be provided to you in association with third parties (“Co-Branded Areas”), and may allow you to disclose Personal Information to them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Service, your Personal Information may be disclosed to the identified third parties for that Co-Branded Area. We are not responsible for such third party’s data collection or practices and you should look to such third party privacy policies for more information.
(f) Sweepstakes, Contests and Promotions . We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
(g) Your California Privacy Rights . We may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain the categories of personal information shared by us and the names and addresses of all third parties that received personal information for their direct marketing purposes from us during the immediately prior calendar year (e.g., requests made in 2015 will receive information about 2014 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: privacy@umigo.com, with “California Privacy Rights” as the subject line or mail us a letter to: UMIGO, Inc., Sunset Media Center. 6255 W. Sunset Blvd., Suite 800, Los Angeles, CA 90028. You must include your full name, email address, and postal address in your request.
(h) Your European Privacy Rights . If you are a resident of the European Economic Area (“EEA”) or Switzerland, you may have the right to ask us not to process certain of your personal data (or provide it to third parties to process) for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. Further, you can prevent such processing by indicating who you are and any contact information you have previously provided to us, asking us to cease processing your personal data and indicating your jurisdiction of residence, by contacting us in the following ways: Postal Mail: UMIGO, Inc., Sunset Media Center. 6255 W. Sunset Blvd., Suite 800, Los Angeles, CA 90028; By e-mail: privacy@umigo.com.
4. What About Information I Disclose Publicly or to Others?
(a) User Content and Public Information . The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, information about your location, questions, comments, suggestions or other content including Personal Information (collectively, “ User Content”). We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that DHX does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.
(b) Name and Likeness . We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Service, please review our Service’s Terms of Use.
5. Ads and Information About You
We and third parties such as network advertisers and ad exchanges may serve advertisements across the Internet and may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities across the Internet and mobile media (“ Behavioral Ads”). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below. Our third party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your Device and track certain behavioral Usage Information via a Device Identifier. These third party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities.
Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third party advertisers or advertising networks or exchanges or related third parties.
For further information on Behavioral Ads and what is known as "online behavioral advertising", U.S. residents may wish to visit http://www.networkadvertising.org/optout_nonppii.asp, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, your NAI opt-out may not, or may no longer, be effective. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/#completed. E.U. residents who wish to opt-out of receiving Behavioral Ads may do so by visiting www.youronlinechoices.com. Canadian residents who wish to opt-out of receiving Behavioral Ads may do so by visiting http://youradchoices.ca/choices. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.
6. Does Third-Party Content, Links to Third-Party Sites, and/or Third-Party Apps appear on the Service?
The Service may contain content, links or apps that are supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Service are served to you for their own commercial purposes. In addition, when you are on the Service you may be directed to other sites and apps that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their sites or apps and they may be tracking you across multiple online services and may be sharing the results of that tracking with us and/or others. These third parties may have their own terms of service, privacy policies or other policies and ask you to agree to the same. For example, if you “click” on a link, the “click” may take you off the Service onto a different location. These other online services may associate their Tracking Technologies with you, independently collect information about you, including Personal Information, and may or may not have their own published privacy policies. We are not responsible for these third-party privacy policies or the practices of Third-Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
7. How Do I Access, Update or Correct My Information, Communications Preferences and Questions?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Service may allow you to access, review, correct, update or delete Personal Information you have provided through the Service’s registration forms or otherwise by updating your Service account, and you may provide registration updates and changes by contacting us by email at: privacy@umigo.com. In addition, depending on your jurisdiction, you may have the right to access all of your Personal Information in our custody and control, subject to certain exceptions prescribed by law, and you may do so by contacting us as set forth below. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Service, information that you remove may persist internally for DHX’s administrative purposes. You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and Service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
If you have any questions or complaints about the Privacy & Cookies Policy or practices described in it (including the manner in which we or our service providers treat your information), you should contact us in the following ways: Postal Mail: UMIGO, Inc., Sunset Media Center. 6255 W. Sunset Blvd., Suite 800, Los Angeles, CA 90028 (Attn: Privacy Officer); Email: privacy@umigo.com.
8. What About the Transfer of Information to Other Countries?
Although UMIGO’s headquarters are located in Los Angeles, California, we have offices in Canada and the European Union. Thus, the Service is operated in the United States, Canada and the European Union and intended for users located in these jurisdictions. If you are located outside of the Canada or the U.S., please be aware that information we collect including Personal Information, will be transferred to, and processed, stored and used in Canada or the U.S. by UMIGO, its affiliates, and/or third party service providers. Also, please be aware that information we collect, including Personal Information, may be transferred to, and processed, stored and used in countries outside of Canada where the local governments, courts, government agencies and law enforcement authorities may be able to access that information. By using the Service or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in Canada, the United States and/or the European Union as described in this Privacy & Cookies Policy.
9. What Should Parents Know About Children?
We understand the importance of protecting children’s privacy in the interactive world. We recognize the need to provide further privacy protections with respect to personal information we may collect from children under the age of thirteen (13) (“Child” or “Children”) and do not knowingly collect personal information from Children on our Services that require parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without obtaining such parental consent.
Some of the features on our Service are “age-gated” so that they are not available for use by Children, and we do not knowingly collect personal information from Children in connection with those features. When we intend to collect personal information from Children, we take additional steps to protect Children’s privacy, including:
In the event that we become aware that we have collected personal information from any Child without first having obtained parental consent, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your Child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at privacy@umigo.com.
10. What About Security?
We endeavor to incorporate commercially reasonable, technical, physical and administrative safeguards to help protect and secure your Personal Information in our custody and control. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Service and provide us with your information at your own risk.
11. What About Changes to the Privacy & Cookies Policy?
We reserve the right to change this Privacy & Cookies Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy & Cookies Policy and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy & Cookies Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
© 2015 UMIGO, Inc. All rights reserved.
The Service and its Content were developed under a grant from the U.S. Department of Education. However, the Service and its Content do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. Funding was provided by the U.S. Department of Education, PR/Award Number U295A100026.
Last Updated: November 9, 2015
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF THE SERVICE (DEFINED BELOW).
Introduction
Welcome! This End User License Agreement ("License") governs your access to and use of the online and mobile services (e.g., apps), and software made available by UMIGO, Inc. ("UMIGO", "we" "our" or "us"), including interactive features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and that post a link to this License (collectively, the "Service"), regardless of how you access or use the Service, whether via computer, mobile device or otherwise. The term "you" or "your" refers to the person or entity accessing or using the Service. By using the Service, you acknowledge and accept the Service's Privacy & Cookies Policy and consent to the collection, disclosure, storage and use of your data in accordance with the Privacy & Cookies Policy.
The target audience for the Service, and its participants, is parents, parents-to-be, teenagers over the age of thirteen (13) and other adult members of families. The target audience for some of our Services may be parents of preschool age children (except for any specific kids section of a Service, which is meant for preschool age children and their parents to use together). If you are under the applicable age of majority in your jurisdiction of residence, by using the Service, you acknowledge that your parents/guardians have consented to your use and to this License on your behalf, and you acknowledge and agree that your use of the Service is at their discretion. Until you are the age of majority in your jurisdiction of residence, your parents/guardians may ask us to modify, deny access to, or terminate your account and we may do so at their request at any time, for any reason, without notice or liability.
If You Want to Use the Service ,
then carefully read these entire License (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use the Service (other than to simply read this License), you agree to be bound by and comply with this License and any Additional License (defined below) then posted. Therefore, do not use the Service if you do not agree. If you are under the age of majority in your province, state or jurisdiction of residence, you may use the Service only with involvement of a parent or guardian who agrees to this License and to be responsible for your use.
The business realities associated with operating the Service are such that, without the limitations that are set forth in this License, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes - we would not make the Service available to you.
By installing, downloading, accessing, or otherwise using the Service, you agree to be bound by this License. In some instances, both this License and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively "Additional License"). To the extent there is a conflict between this License and any Additional License, the Additional License will control unless the Additional License expressly state otherwise. Additionally, certain features and services made available through the Service from time to time may be governed by different terms of use.
License of Use Table of Contents and Summary
It is important that you read and understand this entire License before using the Service. To ease review, each section below includes a brief introductory summary. Full details of this License follows this Table of Contents and Summary. Please note that the complete provisions, and not the headings or summaries shall govern. Any capitalized terms have the meanings given to them where defined in the License.
1. Service Content, Ownership, Limited License and Rights of Others
We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations.
2. Service and Content Use Restrictions
Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part.
3. Procedure For Alleging Copyright Infringement
Copyright owners may give us notice of infringement by following specific instructions specifically addressed in this Section.
4. Procedure For Alleging Infringement of Other Intellectual Property
You can also give notice of trademark and other infringements that you think occur on the Service.
5. Notices and Questions
You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page of the Service, changing the date at the beginning of this License or by other reasonable means that we may elect, such as to the email address you provided.
6. Linked-To Websites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their content, advertisement(s), apps, sites, products and/or services. We may make advertisements and third-party content or services available to you on or via our Service, which we do not control. Use caution when dealing with third parties.
7. Wireless and Location-Based Features
Wireless carrier charges may apply to use of the Service via wireless networks or Devices.
8. Dispute Resolution
The procedure for dealing with disputes is set forth here.
9. Disclaimer of Representations, Warranties and Conditions
We disclaim warranties to the extent permitted by applicable law, and provide the Service "As Is".
10. Limitations of our Liability
Details with respect to our liability to you are set forth here.
11. Waiver of Injunctive or Other Equitable Relief
You waive equitable or injunctive relief.
12. Updates to License
This License and Additional License posted on the Service at each time of use apply to that use, and the License may be prospectively updated as our Service evolves. Posting of new License on the Service is notice to you thereof.
13. General Provisions
You agree to various other terms and conditions, which you should read here, including regarding (a) our control and discretion; (b) your indemnity of us; (c) accessing the Service from outside of the United States, Canada and/or EU; (d) enforcement and interpretation of this License; (e) communications with us; (f) investigations, cooperation with law enforcement, termination and survival; (g) limit on assignment and delegation of rights and obligations; (h) how waivers may be made; (i) some special notices for residents of California; and (j) your responsibility for your connectivity and access.
14. License Applicable For Apple iOS and Microsoft Windows
There are some other things you should know if you are accessing or using the Service through an Apple or Windows Phone Device.
Full Details of the License of Use
1. Service Content, Ownership, Limited License and Rights of Others
A. Content . The Service contains a variety of: (i) materials and other items relating to UMIGO, and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of UMIGO (collectively, "Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively " Content").
B. Ownership . The Service (including past, present, and future versions) and the Content are owned or controlled by UMIGO, our licensors or certain other third parties. All right, title, and interest in and to the Service (or any part thereof) and the Content (or any part thereof) , including any and all updates, modifications, adaptations, translations, customizations or derivative works of any of the foregoing, is the property of UMIGO or our licensors or certain other third parties, and is protected by domestic and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. UMIGO owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content and the Service.
C. Limited License . Subject to your strict compliance with this License and any Additional License, UMIGO grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, the Service (or any part thereof) or the Content (or any part thereof); and (ii) may be immediately suspended or terminated for any reason, in UMIGO's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional License.
D. Rights of Others . When using the Service, you must respect the intellectual property and other rights of UMIGO and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section 3 below.
2. Service and Content Use Restrictions
A. Service Use Restrictions . You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to UMIGO; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, UMIGO, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or the Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate this License or any Additional License.
B. Content Use Restrictions . You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, "bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) you will not make any modifications to such Content (other than to the extent of your permitted use of the DHX Media Licensed Elements, if applicable); (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works, translations or adaptations from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this License or any Additional License or with the prior written consent of an officer of UMIGO or, in the case of Content from a licensor, the owner of the Content; (vii) you will not alter transmission data without UMIGO's consent; and (viii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Service and Content . UMIGO may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in UMIGO's sole discretion, and without advance notice or liability. We do not guarantee that our Service, or any Content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We will not be liable to you if for any reason our Service and/or Content is unavailable at any time or for any period.
D. Reservation of All Rights Not Granted as to Content and Service . These License and any Additional License include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by UMIGO and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited .
3. Procedure For Alleging Copyright Infringement
A. DMCA Notice . UMIGO will respond appropriately to notices of alleged copyright infringement that comply with applicable laws (for example, in the United States, the U.S. Digital Millennium Copyright Act ("DMCA") and in England and Wales the Copyright, Designs and Patents Act 1988 (" CDPA")), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: "DMCA/CDPA Copyright Infringement Notice";
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
(iv) your full name, address, telephone number and email address;
(v) a statement by you that you have 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;
(vi) a statement by you, made under penalty of perjury if you reside in the U.S. and in good faith and to the best of your knowledge if you reside in the EU, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
UMIGO will only respond to DMCA/CDPA Notices that it receives by mail, email or facsimile at the addresses below:
By Mail: UMIGO, Inc., Sunset Media Center. 6255 W. Sunset Blvd., Suite 800, Los Angeles, CA 90028, Attn: DMCA Agent
By email: dmca@umigo.com
By Facsimile: +1 323-790-8838
It is often difficult to determine if your copyright has been infringed. UMIGO may elect to not respond to DMCA/CDPA Notices that do not substantially comply with all of the foregoing requirements, and UMIGO may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA and/or the CDPA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA/CDPA Counter-Notification.
Without limiting UMIGO's other rights, UMIGO may, in appropriate circumstances, terminate a repeat infringer's access to the Service and any other website owned or operated by UMIGO.
B. Counter -Notification . If access on the Service to a work that you submitted to UMIGO is disabled or the work is removed as a result of a DMCA/CDPA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA/CDPA Counter-Notification to the addresses above. Your DMCA/CDPA Counter-Notification should contain the following information:
(i) a legend or subject line that says: "DMCA/CDPA Counter-Notification";
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the Service from which the material was removed or access to it disabled);
(iii) a statement made by you, under penalty of perjury if you reside in the U.S. and in good faith and to the best of your knowledge if you reside in the EU, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, e-mail address, and the username of your account;
(v) in relation to U.S. residents, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and in relation to EU residents, the exclusive jurisdiction of the Courts of England and Wales; and
(vi) your electronic or physical signature.
Please note that the DMCA/CDPA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA/CDPA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA/CDPA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA/CDPA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA/CDPA Copyright Infringement Notice.
4. Procedure For Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice to the addresses set forth above that includes all of the following:
(a) a legend or subject line that says: "Intellectual Property Infringement Notice";
(b) a description of the intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
(d) your full name, address, telephone number and email address;
(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
(f) a statement by you, made under penalty of perjury if you reside in the U.S. and in good faith and to the best of your knowledge if you reside in the EU, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
(g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to UMIGO with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
5. Notices and Questions
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Service, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.
If you have a question regarding using the Service, you may contact us at terms@umigo.com.
UMIGO is registered in the State of California under company number C3581493. UMIGO has a registered office at Sunset Media Center, 6255 W. Sunset Blvd., Suite 800, Los Angeles, CA 90028. Our main trading address is Sunset Media Center, 6255 W. Sunset Blvd., Suite 800, Los Angeles, CA 90028. We are a limited company.
6. Linked-To Websites; Advertisements; Dealings with Third Parties
A. Linked Services; Advertisements . The Service may contain links, as part of third-party ads on the Service or otherwise, to or from third-party websites ("Linked Services "), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with UMIGO. UMIGO may have no control over the content, operations, policies, terms, or other elements of Linked Services, and UMIGO does not assume any obligation to review any Linked Services. UMIGO does not endorse, approve, or sponsor any Linked Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, UMIGO is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Services. Finally, to the extent permitted by law, UMIGO will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. UMIGO disclaims all liability in connection therewith.
B. Dealings with Third Parties . Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Linked Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). UMIGO disclaims all liability in connection therewith.
7. Wireless and Location-Based Features
A. Wireless Features . The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service's features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, "Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
B. License of Wireless Features . With respect to the Wireless Features for which you are registered, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.
C. Location -Based Features . If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy & Cookies Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by disinstalling any mobile app(s) or feature(s). The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use - other products exist today that may be used specifically for these purposes.
8. Dispute Resolution (Not applicable to residents of Quebec, Canada)
A. First - Try to Resolve Disputes and Excluded Disputes - Applicable to All Users . If any controversy, allegation, or claim arises out of or relates to the Service, the Content, this License, or any Additional License, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of UMIGO's actual or alleged intellectual property rights (an " Excluded Dispute", which includes those actions set forth in Section 8(D)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8(A). Your notice to us must be sent via email to: terms@umigo.com. For a period of sixty (60) days from the date of receipt of notice from the other party, UMIGO and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or UMIGO to resolve the Dispute or Excluded Dispute on terms with respect to which you and UMIGO, in each of our sole discretion, are not comfortable. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 8 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and UMIGO agree that we intend that this Section 8 satisfies the "writing" requirement of the Federal Arbitration Act.
B.
(1) Binding Arbitration Applicable to U.S. Residents . If we cannot resolve a Dispute as set forth in Section 8(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND UMIGO (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT- INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,-COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE OR ADVERTISING AVAILABLE ON OR THROUGH THE SERVICE. For U.S. residents, the Federal Arbitration Act ("FAA"), not state law, shall govern the arbitrability of all disputes between UMIGO and you regarding this License (and any Additional License) and the Service, including the "No Class Action Matters" Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. UMIGO and you agree, however, that the applicable state, federal or provincial law, as contemplated in Section 8(H) below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and UMIGO regarding this License and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction's choice of law principles.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. ("JAMS") using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of UMIGO consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in Los Angeles, California. You and we will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require UMIGO to pay a greater portion or all of such fees and costs in order for this Section 8 to be enforceable, then UMIGO will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by this License and any Additional License, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of this License or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
(2) Binding Arbitration Applicable to Canadian Residents . In Canada, if a Dispute is not resolved as set forth in Section 8(A), the parties involved in the Dispute may agree to resolve the Dispute using final and binding arbitration. If the parties elect to use arbitration, claims shall be referred to ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca. If an in-person arbitration hearing is required and you are a Canadian resident, then it will be conducted in Toronto, Ontario and in the English language.
C. Limited Time to File Claims Applicable to U.S. Residents . TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 11(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 8(A); (b) filing for arbitration as set forth in Section 8(B)(1); or (c) filing an action in state, Federal or provincial court.
D. Injunctive Relief Applicable to U.S. and Canadian Residents . The foregoing provisions of this Section 8 will not apply to any legal action taken by DHX Media to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, and/or UMIGO's intellectual property rights (including such UMIGO may claim that may be in dispute), UMIGO's operations, and/or UMIGO's products or services.
E. No Class Action Matters Applicable to U.S. Residents . YOU AND UMIGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 8(B)(1) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 8(F). Notwithstanding any other provision of this Section 11, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Jurisdictional Issues Applicable to All Users . Except where arbitration is provided above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted, if you are a resident of the U.S., in state or Federal court in State of California in Los Angeles County, or if residing in Canada, in the Ontario Superior Court of Justice in Toronto, Canada. If you are a resident residing in the EU, the courts of England and Wales shall have exclusive jurisdiction over any Dispute and Excluded Dispute. Accordingly, you and UMIGO consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement Applicable to All Users . Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
H. Governing Law . These License and any Additional License will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, if you reside in the United States, the laws of the State of California, if you reside in Canada, the laws of the Province of Ontario and the federal laws of Canada applicable therein, or if you reside in the European Union, the laws of England and Wales, without regard to its conflicts of law provisions
9. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning goods or services. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you and you may have additional rights.
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE (OR ANY PART THEREOF) IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND. Therefore, to the fullest extent permissible by applicable law, UMIGO, its parent company and subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the "UMIGO Parties"), hereby disclaim and make no representations, warranties, conditions, endorsements, or promises, whether express or implied, written or oral, as to:
(a) the Service (including the Content);
(b) the functions, features, or any other elements on, or made accessible through, the Service;
(c) any products, services, or instructions offered or referenced at or linked through the Service;
(d) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
(g) whether any defects to, or errors on, the Service will be repaired or corrected;
(h) whether your access to the Service will be uninterrupted;
(i) whether the Service will be available at any particular time or location; and
(j) whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ANY ADDITIONAL TERMS PROVIDED BY A UMIGO PARTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE UMIGO PARTIES HEREBY FURTHER DISCLAIM ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, COLLATERAL OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
10. LIMITATIONS OF OUR LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY UMIGO PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including loss profits, loss of use, loss of data, fines, fees, penalties, personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
(a) the Service (including the Content);
(b) your use of or inability to use the Service, or the performance of the Service;
(c) any action taken in connection with an investigation by UMIGO Parties or law enforcement authorities regarding your access to or use of the Service;
(d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
(e) any errors or omissions in the Service's technical operation; or
(f) any damage to any user's computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if UMIGO Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND THE EXCLUSION OF LIABILITY SET OUT ABOVE DOES NOT APPLY, IN NO EVENT WILL UMIGO PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID UMIGO TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.
U.S. residents further understand and expressly agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
11. Waiver of Injunctive or Other Equitable Relief
WHERE PERMITTED BY APPLICABLE LAW (WHICH DOES NOT INCLUDE QUEBEC), IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY UMIGO OR A LICENSOR OF UMIGO.
12. Updates to License
These License (or if applicable Additional License), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional License each time you use the Service (at least prior to each transaction or submission). The Additional License will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the License (and any applicable Additional License) that applied when you previously used the Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in this License are all reasonable manners of providing you with notice. You can reject any new, revised or Additional License by discontinuing use of the Service and related services.
13. General Provisions
A. UMIGO's Consent or Approval . As to any provision in this License or any Additional License that grant UMIGO a right of consent or approval, or permits UMIGO to exercise a right in its "sole discretion," UMIGO may exercise that right in its sole and absolute discretion. No UMIGO consent or approval may be deemed to have been granted by UMIGO without being in writing and signed by an officer of UMIGO.
B. Indemnity . Subject to applicable law, you agree to, and you hereby, defend, indemnify, and hold UMIGO Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' or legal fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any UMIGO Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your use of the Service and your activities in connection with the Service; (ii) your breach or alleged breach of this License or any Additional License; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (iv) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) UMIGO Parties' use of the information that you submit to us (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by UMIGO Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, UMIGO Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. UMIGO Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a UMIGO Party.
C. Operation of Service; Availability of Products and Services; International Issues . The Service is operated in the United States, Canada and the European Union and is primarily intended for users located in these countries/territories. UMIGO makes no representation that the Service is appropriate or available for use beyond the U.S.A, Canada or the EU. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A., Canada or EU (or only parts of these countries) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this License or to any sale of goods carried out as a result of your use of the Services.
D. Severability; Interpretation . If any provision of this License, or any Additional License, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from this License or the Additional License, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this License or the Additional License (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in this License or any Additional License, the word will be deemed to mean "including, without limitation,". The summaries of provisions and section headings are provided for convenience only and shall not limit the full License.
E. Communications . As permitted by applicable law, when you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. You 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.
F. Investigations; Cooperation with Law Enforcement; Termination; Survival . UMIGO reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of this License and any Additional License, (iii) investigate any information obtained by UMIGO in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of this License and any Additional License, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any Additional License, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to UMIGO under this License or any Additional License. Upon suspension or termination of your access to the Service, or upon notice from UMIGO, all rights granted to you under this License or any Additional License will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of this License and any Additional License, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to UMIGO in this License, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
G. Assignment . UMIGO may assign its rights and obligations under this License and any Additional License, in whole or in part, to any party at any time without any notice. These License and any Additional License may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of UMIGO.
H. No Waiver . Except as expressly set forth in this License or any Additional License, (i) no failure or delay by you or UMIGO in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of this License or any Additional License will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict UMIGO's right to amend this License or any Additional License as otherwise permitted in those agreements.
I. California Consumer Rights . Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
J. Connectivity . You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
14. License Applicable For Apple iOS and Microsoft Windows
If you are accessing or using the Service through a Device manufactured and/or sold by Apple, Inc. ("Apple", with such a device herein referenced as an "Apple Device"):
(i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that this License are entered into between you and UMIGO and, that Apple is not a party to this License other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in Section 1 of this License is subject to the permitted Usage Rules set forth in the Apple App Store License and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
(iii) You acknowledge that UMIGO, and not Apple, is responsible for providing the Service and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in this License, you acknowledge that, solely as between Apple and UMIGO, UMIGO and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this License, and that, upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this License against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
(x) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you are accessing or using the Service through a Device manufactured and/or sold by Microsoft ("Microsoft", with such a device herein referenced as a "Microsoft Device"):
(i) Notwithstanding anything to the contrary in this License, you may download, stream, install and use one copy of the Service on up to the number of Microsoft Devices that are associated with your Microsoft account you personally own or control and which are affiliated with the Windows Live ID associated with Your Windows Phone Marketplace account. You may not install or use a copy of the Service on a Microsoft Device you do not own or control.
(ii) You acknowledge and agree that neither Microsoft, nor the manufacturer of your Microsoft Device(s), shall have any responsibility to provide to you any known applicable maintenance or support services in connection with your use of the Service.
(iii) SUBJECT TO AND WITHOUT LIMITING THE GENERALITY OF SECTION 10, MICROSOFT'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE SERVICE.
© 2015 UMIGO, Inc. All Rights Reserved.
The contents of this Service were developed under a grant from the U.S. Department of Education. However, the Service and its Content do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. Funding was provided by the U.S. Department of Education, PR/Award Number U295A100026.