The UBN Website Terms of Use
These
terms govern your access and use of The UBN’s website and any associated sites
of The UBN, which are operated by The UBN Inc. and/or its subsidiaries and
affiliates. By accessing or using The UBN’s website, as well as the content,
products, and services available on the site, you are accepting these terms. If
you do not agree with these terms, you do not have the right to access or use The
UBN’s website.
Certain
features, functionality, and content may be subject to additional terms, which
will be provided to you at the time those services are offered. We reserve the
right (at any time) to modify, suspend, or remove certain features,
functionality, or content from The UBN website.
Using The UBN Website
To
access certain features and functionality on The UBN website, purchase The UBN
products, submit content, or access and watch The UBN Channel, you will
need to register with us and/or create an account. Our Privacy Policy provides
information on how we collect, use, and disclose information from our users and
the use of this website and our products.
In
accessing or using The UBN website, you may not take any action that interferes
with the proper working of The UBN website, compromises the security of the
site, or otherwise damages the site or any materials and information available
through the site, such as (1) using automated means to collect information or
content from or to access the site (such as using technical tools known as
robots, spiders, or scrapers, without our prior permission), (2) attempting to
gain unauthorized access to any portion or feature of the site, to other
systems or networks connected to our site or servers, or to any of the services
offered on or through our site (such as by hacking, password “mining”, or any
other unauthorized means), (3) probing, scanning, or testing the vulnerability
of The UBN website or any network connected to our site or bypassing any
authentication measures on our site or any network connected to the site, (4)
interfering with or disrupting the operation of The UBN website, our servers,
or the networks connected to the site, or disobeying any requirements,
procedures, policies, or regulations of the networks connected to our site, or
(5) forging headers or otherwise manipulating any identifiers (such as to
disguise yourself) or any service offered on or through The UBN website. You
may not pretend that you are, or that you represent, someone else, or
impersonate any other individual or entity. You may not harvest or otherwise
collect and store information about other users of The UBN website. You are
responsible for any loss or damage The UBN suffers because of your breach of
any of the above restrictions. We reserve the right to investigate and
prosecute violations of any of the above and/or involve and cooperate with law
enforcement authorities in their investigation.
The UBN Community
The UBN
Community provides information about The UBN products and features and
allows users to share information about The UBN products and support issues, so
long as it complies with The UBN Community Guidelines and all
applicable laws and regulations. We do not guarantee the accuracy, integrity,
or quality of any user-provided content and will not be responsible or liable
for any user-provided content.
You
are responsible for the content that you post, including its legality,
reliability, and appropriateness, and for your conduct when using our community
services. By posting content on our website, you give us a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right and license
to use, reproduce, store, modify, adapt, publish, perform, translate, create
derivative works from, distribute, and display such content throughout the
world in any media, along with the right to use the name that you used when
posting such content. For the content that you post, you represent that it is
either created by you or you have the right to use and publish it and that it
does not violate these terms.
We
may review any or all portions of your content and delete (or modify) any of
your content from our website if we believe your content violates our terms or
the Community Guidelines, threatens the safety of, or harms any other person,
or creates liability for us or any other person. We reserve the right (but have
no obligation) to investigate and take appropriate action, including removing
your content (or modifying it), suspending or terminating your account, and/or
reporting you to law enforcement authorities, if you violate these terms.
The UBN Channel
Access
to The UBN Channel (where available) is subject to The UBN Channel Terms
of Use.
Restrictions
Copying
or redistribution of certain content is strictly prohibited, and digital rights
management or other technologies may be used to prevent or restrict any copying
or re-distributing of any content, which you agree not to try to circumvent or
avoid. Certain content is only available in certain countries. If you attempt
to access content outside of these countries, the rights granted under these
terms will not apply. You may not link to or frame The UBN website on your
website or service that you own, operate, or control unless you have our
written permission. If you violate any of these terms, we may suspend or
disable your access to or use of The UBN website.
Copyright &
Content Takedown
If you
believe in good faith that certain content appearing on our website or through
our products and services infringes upon your copyright, other proprietary
rights, or contains prohibited or illegal content, send us a content
takedown notice.
Making Purchases
To
make a purchase on The UBN website, you will need to provide us with certain
payment information to complete the order. The required payment information and
payment methods available vary based on your country. Go to our Privacy
Policy for more information on the payment information we collect and how
it is used. We will use your payment information to complete the purchase of
your order. In some cases, we may use a payment service provider to process
those payments for us, and in those cases, we may provide your payment
information to them so they can complete the transaction for you.
Your
purchase may be subject to sales or use tax. The amount and type of tax
applicable to your purchase will depend on what was purchased and the applicable
tax rules (where the product is sold). You are responsible for paying the taxes
that are applicable to your transactions. Pricing does not include any shipping
and handling charges (which will be added separately at checkout).
We
reserve the right to (1) limit or discontinue the available quantity of any
product for purchase, (2) limit or condition the use of any promotional code or
discount offer, or (3) limit or prohibit someone from making or completing a
purchase. Your use of The UBN product is subject to its terms of use.
Content on The UBN
Website
The
UBN website may contain information about The UBN, such as press releases,
industry news, or corporate financial information. Some of this information may
not be entirely accurate, complete, reliable, or up-to-date, and the use of such
information is at your own risk. The UBN website may also contain offers,
promotions, and/or links to products and services provided by others (who are
not affiliated with The UBN). We do not make (or imply) any endorsement or recommendation
of these products or services, which are subject to their own terms and
policies (including data privacy and data gathering practices), and any charges
or obligations you incur in your dealings with them, which are your
responsibility and done at your own risk (The UBN is not responsible or liable
for those interactions or the products or services they provide to you).
The UBN’s Proprietary
Rights
All
content on The UBN website is proprietary to The UBN (and/or its licensors) and
protected by copyright, trademark, and other laws of the United States and
other countries. All rights are reserved by The UBN (or its applicable
licensors). You may not remove, alter, or obscure any copyright, trademark,
service mark, or other proprietary rights notices appearing on or accompanying
any content on (or any portion of) The UBN website. Any permitted use of The UBN’s
trademarks is subject to The UBN Trademark Guidelines.
Disclaimers
The
UBN website is provided “AS IS” and on an “AS AVAILABLE” basis and to the
maximum extent permitted by applicable law, WE DISCLAIM ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no
warranty that the services provided through The UBN website will meet your
requirements or will be available on an uninterrupted, secure, or error-free
basis. We make no warranty regarding the quality of any information or content
provided through The UBN website.
Limitation of Liability
WHEN
PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW,
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF
LIABILITY, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PURCHASE
PRICE (THAT YOU PAID) FOR ANY UBN PRODUCTS PURCHASED VIA THE UBN WEBSITE OR $50
USD (WHICHEVER IS MORE). IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Exclusions
Some
jurisdictions do not allow the exclusion of certain warranties or the exclusion
or limitation of liability for consequential or incidental damages, so the
exclusions and limitations above may not apply to you.
Arbitration of Disputes
All claims arising out of or relating to you’re account or any product or service of The UBN will be resolved exclusively through arbitration, according
to these Dispute Resolution Terms, unless you opt out or another
exception applies. We both agree that all claims may only be conducted on an
individual basis (and not in a class, consolidated, or representative action).
Governing Law,
Jurisdiction and Venue
These
terms are governed by the laws of the State of Delaware, without regard to any
conflict of laws principles that may provide the application of the law of
another jurisdiction. If, for any reason, a claim proceeds in court rather than
in arbitration, we both agree that the exclusive jurisdiction and venue for any
legal proceeding is either the federal court of the Northern District of Texas or the state court in Dallas County, Texas.
General
These
terms are between you and The UBN and no other person has any right to enforce
these terms on your behalf. Your rights are not transferable. Each paragraph is
intended to operate separately. If any court or relevant authority determines
that any terms are invalid or unenforceable, those terms will be enforced to
the maximum extent permissible and the remaining terms will remain in full
force and effect. If we delay or choose not to enforce these terms, that will
not mean that we have waived our rights or that you do not have to comply with
these terms. These terms may be amended by us from time to time. If we make
material changes to these terms, we will post the revised terms on our website
and may also notify you through you’re The UBN product or you’re The UBN
account. Your use after the changes go into effect will constitute your
acceptance of those changes. If you do not agree to the new terms, you may not
be able to continue using your product with you’re account with The UBN.
Contacting Us
If
you have any questions about these terms, you can contact us.
Effective: October 31, 2022