Terms of Use

Introduction

 

These Terms of Use govern your use of this website. By using this website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this website.

 

Acceptable Use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without ubeesize.com's express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without ubeesize.com's express written consent.

 

User Content

 

In these Terms of Use, "your user content" means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to ubeesize.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ubeesize.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or ubeesize.com or a third party (in each case under any applicable law).

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

 

ubeesize.com reserves the right to edit or remove any material submitted to this website, or stored on ubeesize.com's servers, or hosted or published upon this website.

 

Notwithstanding ubeesize.com's rights under these Terms of Use in relation to user content, ubeesize.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

Limitations of Liability

 

ubeesize.com will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

To the extent that the website is provided free-of-charge, for any direct loss

 

For any indirect, special or consequential loss

 

For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if ubeesize.com has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit ubeesize.com's liability in respect of any:

 

Death or personal injury caused by ubeesize.com's negligence

 

Fraud or fraudulent misrepresentation on the part of ubeesize.com

 

The matter which it would be illegal or unlawful for ubeesize.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

 

If you do not think they are reasonable, you must not use this website.

 

Other Parties

 

You accept that, as a limited liability entity, ubeesize.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ubeesize.com's officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ubeesize.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ubeesize.com.

 

Indemnity

 

You hereby indemnify ubeesize.com and undertake to keep ubeesize.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ubeesize.com to a third party in settlement of a claim or dispute on the advice of ubeesize.com's legal advisers) incurred or suffered by ubeesize.com arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

 

Breaches

 

Without prejudice to ubeesize.com's other rights under these Terms of Use, if you breach these Terms of Use in any way, ubeesize.com may take such action as ubeesize.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Assignment

 

ubeesize.com may transfer, sub-contract or otherwise deal with ubeesize.com's rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

 

Severability

 

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire Agreement

 

These Terms of Use, together with ubeesize.com's Privacy Policy, constitute the entire agreement between you and ubeesize.com in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

 

Law and Jurisdiction

 

These Terms of Use will be governed by and construed in accordance with US law, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of Kentucky.