CONNECTIVITY, COMMUNICATIONS, PRIVACY
You must have an internet-enabled cell phone or device using either the iOS or Android operating system in order to access the Services. Normal carrier charges and taxes may apply to any content you obtain from the Services. Ulzi is not responsible for any surcharges you incur from your mobile phone or internet service provider as a result of the use of the Services.
ONLINE AND MOBILE ALERTS
Ulzi may from time to time provide automatic alerts and voluntary account-related alerts. Although you may have the option to suppress some of these alerts, we strongly recommend that you do not since they are security-related. Some alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Ulzi may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Some alerts may have different options available, and you may be asked to select from among these options. Some alerts may be sent to the email address you have provided as your primary email address. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode; however, alerts may include some information about your account. Anyone with access to your email will be able to view the content of these alerts.
The Service uses text messages to verify your account during registration and send notifications that contacts are in an emergency when the Ulzi app is not operating or not installed. The frequency will be 1 verification text per app installation and 1 message per contact emergency, but only when the app is not operational or not installed. Wireless carriers are not liable for lost or undelivered SMS messages.
Please note: Message & Data Rates May Apply.
Help – To obtain help you may:
Text “HELP” to 68221 to obtain help on your mobile phone.
Email us at: firstname.lastname@example.org.
Call us at: 1(877)959-5805 M-F 9am-5pm Pacific Time.
Stop – To stop receiving message you may:
Text “STOP” to 68221
— USER CONDUCT
You agree that you will not use the Services to:
upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use);
intentionally harm minors in any way;
impersonate any person or entity, including, but not limited to a representative of Ulzi, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
“stalk” or otherwise harass another;
collect or store personal information or data about other Services users, or disclose another user’s personal information or data to any third party;
solicit personal information or data from anyone under 13 years of age; and/or
“bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
Any comments, suggestions, or feedback relating to the Services (collectively, “Feedback”) submitted to Ulzi shall become the property of Ulzi. Ulzi will not be required to treat any Feedback as confidential and will not be liable for any ideas (including without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future. Without limitation, Ulzi will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Ulzi, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
LINKS; THIRD PARTY WEBSITES
Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third-parties through links to such third-party websites or applications are solely between you and such third parties. You agree that Ulzi will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Ulzi expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that Ulzi and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party application providers on the Services.
Ulzi is not responsible for any product or service (including third party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
The Service is ONLY a peer-to-peer communication and information service which allows users to share personal and geographic information with one or more users based upon user defined options, data and actions. Ulzi does not express or imply that use of the Service will deter the occurrence of an unlawful act or make any representation as to a response from your predetermined contacts, the Ulzi community of users, or law enforcement.
You understand and agree that the Service will notify you in the event that one of your predetermined contacts, or another Ulzi user in your proximity, has triggered an ad-hoc request for assistance; that responding to any request for assistance is inherently dangerous and you agree that Ulzi shall not be liable for any monetary costs you may incur or any physical or psychological injury you may sustain as a result of YOUR DECISION to participate or not participate in any response.
You understand and agree that any alerts provided through the Service may be delayed or prevented by a variety of factors. Ulzi does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Ulzi shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
LIMITATION OF LIABILITY
Ulzi and its Affiliated Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the services, including any liability (a) for any incorrect or inaccurate information, (b) for any unauthorized access to or disclosure of your transmissions or data, (c) for statements or conduct of any third party on the services, or (d) for any other matter relating to the services or any third party website or application. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Ulzi and you. The information and services offered on and through the services would not be provided without such limitations. Notwithstanding the foregoing, the sole and entire maximum liability of Ulzi and Affiliated Parties for any reason shall be limited to $500.00 (five hundred United States dollars). You acknowledge and agree that if you have not paid Ulzi any amounts for any information or service prior to the date on which you first assert any claim, your sole and exclusive remedy for any dispute with Ulzi is to stop using the services and cancel your account.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
SERVICES USAGE; TERMINATION OF USAGE
You are required to establish an account on the Services in order to take advantage of certain features of the Services. If you provide information on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Services, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or if Ulzi has reasonable grounds, in its sole discretion, to suspect that such information is false, inaccurate, outdated or incomplete, Ulzi has the right to suspend or terminate your account and prohibit any and all current or future use of the Services (or any portion thereof) by you.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of and communications on the Services. You agree not to post on or transmit through the Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services. You further agree that you will not access the Services by any means except through the interface provided by Ulzi for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of Ulzi is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of Ulzi is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
SWEEPSTAKES, CONTESTS, RAFFLES, SURVEYS AND SIMILAR PROMOTIONS
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafe.org.
APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
The Services are controlled and operated by Ulzi from within the United States of America and is intended for use only by residents of the United States. Ulzi makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
We respect the intellectual property rights of others and require that Service users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Ulzi at email@example.com designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
A physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.