Terms of Use
THE TERMS AND CONDITIONS AND EXHIBITS SET FORTH BELOW (THE "TERMS OF USE") GOVERN YOUR USE OF UPnP IMPLEMENTERS CORPORATION ("UIC") INTERNET WEB SITE AT WWW.UPnP-IC.ORG OR ITS SUCCESSOR SITE (THE "SITE"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
EXHIBIT A: LEGAL TERMS, which includes for instance:
EXHIBIT B: PRIVACY POLICY
THESE TERMS OF USE GOVERN ONLY YOUR USE OF THE SITE. IF YOU ARE A UIC MEMBER, THE UIC MEMBERSHIP AGREEMENT YOU HAVE SIGNED GOVERNS YOUR MEMBERSHIP RIGHTS. ANY CONFLICT BETWEEN THE TWO SHALL BE GOVERNED BY THE UIC MEMBERSHIP AGREEMENT.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.
EXHIBIT A
LEGAL TERMS
1. ACCESS RIGHTS
1.1. Access Eligibility. The Site is available only to person or entities who agree to these Terms of Use and who are either (i) visitors to the publicly accessible pages of the Site; or (ii) users of the restricted access portions of the Site who are UIC Members, i.e., entities (and, without limitation, not to individual persons acting in any capacity except within their scope of employment by a UIC Member) which have executed a UIC Membership, Certification Mark and License Agreement (the "UIC Membership Agreement") that is in full force and effect at all times during use of the Site. Anyone who does not meet the foregoing requirements may not use the Site. "You" means the person or entity, as permitted above, who/which is using this Site. Your scope of rights to access and use this Site are set forth in these Terms of Use, including, but not limited to, the license grant in Section 4.3 below.
1.2 Other Participants. UIC reserves the right to determine service providers and other participants in the Site.
1.3 Changes to Service Offering. UIC may in its sole discretion add, delete, or change some or all of the Site or its functionality at any time without notice to You or to third parties.
1.4 Password Restricted Areas of the Site. Certain areas of the Site are password restricted to authorized users ("Restricted Areas"). No one is permitted access to the Restricted Areas except UIC Members who have accepted these Terms of Use.
1.5 United States Site. The Site is controlled and operated by UIC from its offices within the United States. UIC makes no representation that materials on the Site are appropriate or available for use in other locations. Access to the Site from territories where the contents are illegal or these Terms of Use are not enforceable as written is prohibited. If You access the Site from other locations, You are responsible for compliance with applicable local laws.
1.6 Amendments to Terms of Use. UIC reserves the right to change any of the terms and conditions contained in these Terms of Use at any time and in its sole discretion. The most current version of these Terms of Use can be found on the Terms of Use link at the bottom of most web pages on the Site. YOUR CONTINUED USE OF THE SITE FOLLOWING UIC'S POSTING OF ANY CHANGES WILL CONSTITUTE AN ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS TO THE AGREEMENT. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MAY NOT CONTINUE TO USE THE SITE.
2. CERTAIN UIC RIGHTS AND DISCLAIMERS
2.1. UIC's Role. The Site is a venue for UIC's oversight and administration of the test and certification process in accordance with the UIC Membership Agreement and the UPnP Device Certification Process
2.2. Your Information and Content. UIC does not endorse any content or information You make available through or on the Site. You also acknowledge that UIC may take action with respect to such content or information that it believes may cause injury to or liability for UIC.
2.3. Third Party Information. UIC does not control, and shall have no liability for, the information and materials provided by third parties which is made available through or on the Site.
2.4. Links to Third Party Sites. You may, through hypertext or other computer links located on the Site, gain access to other websites on the Internet that are owned and operated by third parties ("Third Party Sites"). Links to Third Party Sites do not imply partnerships, relationships or affiliations with such third parties, or an endorsement by UIC of those sites. UIC takes no responsibility for content therein, regardless of whether the link is provided by UIC or a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any Third Party Site to which the Site may link, including information on such other website regarding UIC. You should contact the site administrator for those Third Party Sites if You have concerns regarding such links or the content located on such Third Party Sites or the use, privacy rules, security or other matters related to or governing such Third Party Sites.
2.5. Third Party Products. The Site may contain references to products of UIC members. UIC makes no warranties or representations as to such third party products. If you purchase or otherwise acquire or use any such products, all terms, conditions, warranties and representations associated with such products are solely between you and the applicable member or other third party. UIC assumes no liability, obligation or responsibility for any part of any such transaction or use regarding products identified on the Site or any other third party products or services.
2.6. Access and System Integrity. UIC's efforts to prevent unauthorized access to the Site may include, for instance, the use of firewalls, authentication techniques and passwords for access to the Site. You acknowledge that UIC cannot guarantee that the Site will be protected against third party or other actions beyond UIC's reasonable control.
3. YOUR PARTICIPATION RIGHTS AND OBLIGATIONS
3.1. Representations and Warranties. You covenant and represent and warrant to UIC that during the term of your use of the Site: (1) You have the full right and authority to enter into these Terms of Use and to bind yourself to the terms and conditions described herein; (2) You own your Subscriber Information (as defined in Section 4.4 below) or have obtained all rights in such Subscriber Information necessary to post such Subscriber Information on the Site; (3) your Subscriber Information is accurate and complete at the time of registration; (4) You will continuously update your Subscriber Information so that it will at all times be current, accurate and complete; (5) You will not forge headers or in any manner manipulate identifiers in order to disguise the origin of any of your Subscriber Information; (6) You will not use the Site for any information, products, services or activities that may cause UIC to violate any applicable law, statute, ordinance or regulation of any jurisdiction; (7) You will not interfere with or disrupt computer networks connected to the Site; (8) You will not impersonate any other person or entity, or make any misrepresentation as to a user's employment by or affiliation with any other person or entity; (9) You will not use the Site to gain unauthorized entry or access to the UIC computer system or the systems of others; (10) You will not engage in the operation of any unlawful transactions and/or business or use or permit any third party to use the Site for any unlawful purpose; and (11) You will fully comply with all terms and conditions of these Terms of Use.
3.2. Certain Restrictions. While using the Site, You may not: (1) restrict or inhibit any other user from using and enjoying the Site; (2) post on the Site or transmit from the Site any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation U.S. export control laws and regulations; (3) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by UIC) or engage in spamming or flooding; or (4) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
3.3. Submissions. You acknowledge that you are responsible for all information and material that you submit on this Site (each a "Submission"), and that you, and not UIC, will have full responsibility for each such Submission. UIC reserves the right to refuse to post to and remove from the Site any information or materials, in whole or in part, that, in UIC's sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.
3.4. Unauthorized Activities. You acknowledge that your unauthorized use of this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your identity. As such, you agree to indemnify and hold UIC entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by UIC in relation to or arising from any claim or demand by a third party as a result of use of the Site by you or any party using your identity.
3.5. Bulletin Board. While using a bulletin board on the Site, you agree to comply with all the Terms of Use and to follow all the rules set forth herein. You agree that your Submissions to a bulletin board shall be relevant to the applicable topic. UIC does not screen information posted to the Site by any user of the Site (the "Bulletin Board Information"). The Bulletin Board Information is not endorsed by UIC and UIC is not responsible for the accuracy of the Bulletin Board Information or if you find the Bulletin Board Information objectionable. UIC reserves the right to remove any or all Bulletin Board Information from the Site. UIC shall use (or not use) Bulletin Board Information as UIC deems fit and in UIC's sole and absolute discretion.
3.6. System Integrity. You may not use any device, software, communication or other process or materials of any kind or nature to interfere or attempt to interfere with the proper working of the Site or any service or material being offered on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure.
3.7. Passwords. You may not disclose to or share your UIC password with any third parties or use your UIC password for any purpose not permitted by these Terms of Use. You agree to immediately change your password if it is lost, stolen, disclosed to an unauthorized third party or otherwise may have been compromised. You agree to notify UIC immediately if your password is lost or stolen or if you become aware of unauthorized use, or threatened unauthorized use, of your password. You acknowledge that You are solely responsible for maintaining the security of your password and for any and all activities that occur under your password, whether or not undertaken by You. You may request removal of your username and password by sending an e-mail to an address designated by UIC on the Site.
3.8. Links from Third Party Sites. You may only include a link from a third party website controlled by you to the home page of the Site only. Linking to other page or content within the Site is prohibited without UIC's express written consent. Without limiting the foregoing, UIC expressly prohibits the framing of UIC's content in any way that may create a misimpression or confusion with respect to sponsorship or affiliation.
4. OWNERSHIP AND LICENSE OF INFORMATION
4.1. User Data. During the term of these Terms of Use, UIC may collect, aggregate and/or develop information about You and other parties who visit the Site. UIC shall maintain the privacy of such information in accordance with the Privacy Policy attached as Exhibit B to these Terms of Use.
4.2. Confidential Information. The obligations, if any, between You and UIC regarding confidential information are set forth in the UIC Membership Agreement.
4.3. UIC Ownership. UIC and/or its licensors retains, and reserves for itself, all right, title and interest in and to all materials developed by or for UIC for the Site. You have no right to copy, use, or display UIC's materials without the prior written consent of UIC except that (a) visitors to the publicly accessible pages of the UIC Site may display, download or print those materials solely for the purposes of personally reviewing such materials and/or joining the UIC as a member, and (b) UIC Members may display, access and interact with the materials on the Site solely in accordance with the purposes and performance of the UIC Membership Agreement (including, but not limited to, the Device Certification Process document).
4.4. Subscriber Information. Except as otherwise provided in the UIC Membership Agreement, You hereby grant to UIC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights in any information You post or otherwise provide to UIC. UIC may only use Personally Identifiable Information (as defined in the Privacy Policy) in accordance with the Privacy Policy attached as Exhibit B to these Terms of Use. UIC may include your name and logo or trademark in UIC materials for the purpose of identifying You as a participant on the Site.
5. UIC WARRANTY, DISCLAIMER AND LIMITATION ON LIABILITY
5.1. Errors and Inaccuracies. You acknowledge and agree that this Site may include certain inaccuracies or errors which may affect the Site contents, Bulletin Board Information or other items. You acknowledge that neither the content nor the Bulletin Board Information have been independently verified or authenticated in whole or in part by UIC, and agree that UIC does not warrant the accuracy or timeliness of the content or Bulletin Board Information, and further agree that UIC has no liability for any errors or omissions in the content or Bulletin Board Information, whether provided by UIC, its licensors or any other party.
5.2. Warranty Disclaimers. UIC, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND THE BULLETIN BOARD INFORMATION, (2) ANY THIRD PARTY SITE OR INFORMATION ACCESSED THROUGH THE UIC SITE, OR (3) ANY PRODUCTS OR SERVICES APPEARING ON THE SITE OR THAT YOU PURCHASE FROM A THIRD PARTY. UNLESS OTHERWISE EXPLICITLY STATED, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND AS AVAILABLE BASIS, AND IS FOR YOUR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, ARE HEREBY DISCLAIMED. WITHOUT LIMITATION ON THE FOREGOING: (I) UIC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY THIRD PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UIC OR THROUGH THE USE OF THE UIC SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND (II) NO ACCOUNTING, FINANCIAL, LEGAL OR TAX ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY UIC.
5.3. Limitation on Liability.
(a) NEITHER UIC NOR ANY OF ITS DIRECTORS, EMPLOYEES, LICENSORS, AGENTS, SUCCESSORS, ASSIGNS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE SITE, LOSS OF DATA, INCOME OR PROFITS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF ANY OF THESE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY IN SOME CIRCUMSTANCES. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT.
(c) YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE SITE.
5.4. Release. In the event that You have a dispute with one or more other users of the Site or any third parties, You hereby release UIC (and its officers, directors, agents, subsidiaries and employees) from all claims, demands and damages (whether actual, consequential or other) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6. INDEMNITY
You agree to indemnify, defend and hold harmless UIC and its affiliates, subsidiaries, officers, directors, agents and employees, from and against any and all claims, demands, costs and expenses, including reasonable attorneys' fees and costs made by any third party due to or arising out of or in connection with your breach of these Terms of Use or your violation of law or the rights of a third party.
7. TERM AND TERMINATION
7.1. Term. The Terms of Use will become effective on the date upon which You first use the Site (the "Effective Date"). If you breach these Terms of Use or abuse your rights of access to the Site, UIC reserves the right to terminate or suspend, in whole or in part and in UIC's sole discretion, your use of the Site without notice to you. Without limitation on the foregoing, any and all of a Member's rights to access and use (whether by the Member or any person or entity claiming access and use rights through the Member) the restricted portions of the Site shall terminate automatically upon termination of that Member's UIC Membership Agreement.
7.2. Effect of Termination. All provisions of these Terms of Use except your right to access and use the Site shall survive termination or expiration of these Terms of Use.
8. GENERAL CONDITIONS
8.1. Monitoring/Disclosures. UIC has no obligation to monitor the Site. However, you acknowledge and agree that UIC has the right to monitor the Site electronically from time to time and to disclose any information, including your personal information, as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect itself or the Site users. You acknowledge that UIC will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, UIC will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
8.2. Governing Law/Jurisdiction. Any action related to these Terms of Use will be governed by New York and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. All disputes arising in any way out of or in connection with this Membership Agreement that may be brought in a court of law shall be heard exclusively in, and all parties irrevocably consent to jurisdiction and venue in, the state and federal courts of New York, without limitation on the right of any party to enforce a judgment in any court of competent jurisdiction.
8.3. Injunctive Relief. Nothing in these Terms of Use shall limit UIC's right to seek injunctive relief against You for any breach of these Terms of Use.
8.4. Compliance with Laws. You and UIC shall comply with all applicable laws, rules, regulations related to the access to and use of this Site.
8.5. Waiver. No waiver of any breach of any provision of these Terms of Use will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of UIC to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by UIC in writing.
8.6. Severability. Should a court of competent jurisdiction find any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.
8.7. Foreign Law. If it is determined by a court or other governmental body of competent jurisdiction that one or more provisions of these Terms of Use are unenforceable according to their plain meaning in the English language and under the governing law set forth in Section 8.2 above, to the fullest extent permitted under the governing law, Section 8.6 above shall apply (and UIC retains the right to declare these Terms of Use null and void from the date at which such a determination would become effective as applied to the interpretation of this Agreement and, upon such a declaration, this Agreement shall be deemed either (i) terminated if such date is after the Effective Date, or (ii) null and void ab initio if such date is on the Effective Date).
8.8. Independent Contractors. The sole relationship between You and UIC under these Terms of Use is that of independent contractors, and, without limitation, no partnership, joint venture, agency or other relationship is hereby established.
8.9. Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obliigations hereunder.
8.10. Captions. All captions in this Agreement are intended solely for the convenience of the parties, and none shall affect the meaning or construction of any provision.
8.11. Proprietary Notices. UIC owns all logos, trademarks, and servicemarks used in connection with the Site. The Site is © 2001 UPnP Implementers Corporation. All Rights Reserved.
8.12. Entire Agreement. The Terms of Use sets forth the entire understanding and agreement between UIC and You with respect to your use of the Site. Any conflict between the terms of any Exhibit to these Terms of Use and this Exhibit A shall be governed by this Exhibit A.
EXHIBIT B
WEBSITE PRIVACY POLICY
THE PRIVACY POLICY BELOW EXPLAINS IN DETAIL HOW WE COLLECT AND USE INFORMATION ABOUT USERS OF THE SITE. IT ALSO CONTAINS OBLIGATIONS ON YOU TO ABIDE BY CERTAIN INFORMATION YOU MAY ACCESS ON THE SITE.
In summary, UIC will not sell, share or rent Personally Identifiable Information, as defined below, received from UIC Members to third parties other than as disclosed in this Privacy Policy, in the other parts of the Terms of Use, or as is required to perform in accordance with the Terms of Use, the UIC Membership Agreement and/or as is required by law. This Privacy Policy is incorporated into the Terms of Use. If there is a conflict between this Privacy Policy and Exhibit A of the Terms of Use, the provisions of Exhibit A govern. The "Site" refers www.UPnP-IC.org, or its successor website.
BY USING THE SITE, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, YOU MAY NOT USE THE SITE.
1. Personally Identifiable Information.
(a) "Personally Identifiable Information" means personal information provided by You to UIC that uniquely identifies persons in their individual capacity. UIC respects the privacy of the Personally Identifiable Information submitted by UIC Members while using the Site. Our primary goal in collecting Personally Identifiable Information from You is to provide You with a smooth, efficient, and complete use of the Site and UIC operations. The information You give UIC by way of the Site allows UIC to improve its operations.
(b) Unfortunately, due to the existing regulatory environment and other factors, UIC cannot ensure that all of your private communications and your Personally Identifiable Information will never be disclosed in ways not otherwise described herein. Therefore, although we use practices we describe herein to protect the privacy of your Personally Identifiable Information, we do not promise, and you should not expect, that your Personally Identifiable Information will remain private.
2. Registration. To use the Restricted Areas of the Site, You will need to become a UIC member. In doing so, You will be required to provide us with contact information and other Personally Identifiable Information, which may include usernames, e-mail addresses, names, addresses, and phone numbers. We request this information in part in order to verify compliance with the Site's terms and conditions of use ("Terms of Use"), federal, state and local laws, and for identification purposes, and to use this information to contact you regarding administrative notices, and communications relevant to your use of the Site. You can remove yourself from receiving some of these notices and offering information by sending e-mail instructions to the e-mail address indicated by the UIC.
3. Persons must be 18 or Older. UIC does not provide service on the Site to anyone except those entities permitted under the Terms of Use. Without limitation, no persons acting in an individual capacity may use the Restricted Areas of the Site and UIC does not want, and you shall not provide, any information about any non-adult age person. Every person who uses the Site represents and covenants to UIC that he or she is over the age of eighteen (18).
4. Navigation. UIC collects information about the utilization and navigation of the Site by its users. We automatically track certain information about You based upon your behavior on the Site. For example, UIC may use your IP address to help diagnose problems with our server and to administer our web site. Your IP address may also be used to help identify You and to gather broad demographic information. UIC may also track and monitor your general use of the Site, and any content You add to the Site (including, for instance, on bulletin boards). UIC owns, and reserves the right to share and/or grant ownership of or licenses to the navigation data UIC collects about your use of the Site.
5. Operations. We use information in the file we maintain about You, and other information UIC obtains from your current and past activities on the Site, to resolve disputes, troubleshoot problems, and enforce our agreements with You and run the operations of UIC. At times, UIC may look across multiple users, and UIC may evaluate your information to look for users using multiple user IDs or aliases. UIC may aggregate information and use, disclose and share the aggregated information for marketing, promotional or other purposes. By way of example and not of limitation, such aggregated information may include statistics concerning pages searched, click through advertisements, number of visits to the Site, from which domains users arrive to the Site, territories in which Site users are located, which browsers are preferred by Site users, popular days and times for using the Site, etc. UIC reserves the right to (but not an obligation to) monitor all content and traffic on the Site, including, but not limited to, bulletin boards, chat rooms, news rooms, etc., and to remove, at in UIC's sole discretion, any and information UIC deems inappropriate, questionable, or in violation of these Terms of Use or any other agreement, law or regulation.
6. Personal Correspondence. If You send us personal correspondence through the Site, or if other users or third parties send us correspondence about your activities or postings on the Site, UIC may collect such information into a file specific to You.
7. The Use of Cookies.
(a) The Site may use cookies to improve its general recognition of repeat visitors and to users' experiences while accessing the Site. Cookies are electronic "tags" UIC may place on your browser to help its servers recognize You. While you're on our site, cookies help facilitate things like the operation of the Site. Cookies are stored on your hard drive, not on the Site. You are always free to decline our cookies if your browser permits, although in that case You may not be able to use certain features on the Site and You may be required to reenter your password more frequently during a session.
8. Certain Instances of Permitted Disclosure of Your Information. UIC reserves the right to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. UIC can (and you authorize UIC to) disclose any information provided by You on the Site to law enforcement or other government officials and to UIC's third party service providers as UIC, in its sole discretion, believes necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose UIC to legal liability.
9. Sale or Reorganization of UIC. Notwithstanding anything in this Privacy Policy to the contrary, UIC may (and You authorize UIC to) disclose your Personally Identifiable Information in the context of a sale or reorganization of UIC.
10. Third Party Solicitation. Throughout the Site, You are identified by a user ID which may be your e-mail address, and, as a consequence, your e-mail address may be disclosed to other users and third parties. As a result, other users and third parties might send You unsolicited e-mail and be able to personally identify all of your activities on the Site. Even if your user ID is not your e-mail address, your user ID can be used to identify You and your activities throughout the Site such as in bulletin boards.
11. Disclosure to Third Party Service Providers. UIC may offer a number of third party services from or in support of the Site. UIC may disclose your Personally Identifiable Information to its third party service providers and/or prospective third party service providers. To the extent UIC has written agreements with such service providers, UIC will use reasonable efforts to include terms in such agreements that restrict their use and disclosure of your Personally Identifiable Information to be consistent with the terms of this Privacy Policy.
12. Linked Sites. This Privacy Policy only addresses the use and disclosure of information we collect from You on the Site. You should be aware that when you are on the Site, you may be directed to other sites that are beyond our control. In this case, UIC is not responsible for the privacy practices of third parties or the content of linked sites.
13. 'Opt-Out' and User Preferences. Use of the Site is voluntary. Use requires users to provide the information specified in the registration documents and screens for the reasons set forth in those documents and in the other UIC policies, agreements and guidelines. This information is essential for the proper operation of UIC.
14. Your Obligations and Limits Regarding Use of Other Users' Information. You agree that, with respect to any other user's Personally Identifiable Information that you obtain through the Site or through any UIC related communication or UIC-facilitated transaction, you may use such information only for: (a) UIC-related communications that are not unsolicited commercials or advertisements, (b) using third party services offered through UIC, (c) any other purpose that such user expressly opts into after adequate disclosure of the purpose(s), and (d) lawful purposes consistent with the UIC Membership Agreement. Under no circumstances, except as defined in this Section of this Privacy Policy, shall You disclose Personally Identifiable Information about another user to any third party without our written consent and the written consent of such other user after adequate disclosure. You acknowledge that UIC is not responsible or liable to you in any way or under any cause of action for other users' violation(s) of this section and You hereby release UIC from any and all such responsibility and/or liability now and hereafter.
15. Warning about Other Information Collectors. To the extent that You disclose your Personally Identifiable Information to other parties on the Site or other sites throughout the Internet, different rules may apply to their use or disclosure of the personal information You disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy customs and policies. Since UIC does not control the privacy policies of third parties, you are subject to the privacy customs and policies of that third party.
16. Security.
(a) The Site has various security measures in place to help protect against the loss, misuse and alteration of the information under our control. These safeguards help prevent unauthorized access, maintain data accuracy and provide for the appropriate use of each user's information. Of course, users are responsible for maintaining the confidentiality and security of their user names and passwords.
(b) Notwithstanding our security measures, the nature of the Internet and the Site services and the manner in which UIC implements access to the Site services on servers and each user's computer and/or other access device means that user's data and user's computer and/or other access device is potentially accessible by third parties, such as computer hackers.
17. Retention of Information. For our records, UIC may retain original and updated information for reasons such as technical constraints, dispute resolution, troubleshooting, and license, certification mark and agreement management and enforcement.
18. Changes in the Privacy Policy. UIC reserves the right to update this Privacy Policy from time to time. All registered users will be notified in advance of a change in the Privacy Policy.
19. How to contact us. If you have any questions about this Privacy Policy or the practices of the Site, you may request more information by contacting us at via e-mail at the address identified by UIC on the Site.
C. OTHER TERMS AND CONDITIONS
All other terms and conditions in the Terms of Use apply.
