Terms of Use
Unique Value Ltd. and its affiliates (“Unique Value”) provide its content on uniquevaleco.com (the “Site”) subject to the following terms and conditions (the “Terms”). The Terms are of a legal agreement (“Agreement”) between you and Unique Value and by accessing and using this Site, you acknowledge that you have read, understood and unequivocally agree to be bound by these Terms and to comply with all applicable laws and regulations. You acknowledge that you have read the Terms of use and that you accept the Terms thereof. YOU AGREE TO READ THESE TERMS OF USE CAREFULLY AND FULLY BEFORE USING THE SITE. If for any reason whatsoever, you do not agree to the Terms of this Site, leave the Site immediately and do not access or use this Site. This Site may contain other proprietary notices and information, the Terms of which must be strictly adhered to. This Site may contain technical inaccuracies or typographical errors. Unique Value may, from time to time, change the Terms without notice and may revise the updating of this posting.
Trademarks
The trademarks, service marks, designs, models, and logos (collectively the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Unique Value. Other trademarks, service marks, designs, models, logos, and trade names may be owned by other corporations or entities. Any use whatsoever of trademarks, service marks, designs, models, logos and trade names displayed on this site is strictly prohibited. Nothing on this Site should be construed as granting, by implication, estoppel, and license or right to use ant Trademark or any other Unique Value intellectual property displayed in this Site. The name Unique Value and any other trademarks shall not be used in any way, including in advertising, promotions, or publicity pertaining to the distribution of materials on this Site, for the purpose of informing or influencing any third party and that you will not use or reproduce the Trademarks, or imply any endorsement by or relationship with, Unique Value, its affiliates, or licensors without Unique Value’s expressed prior written consent. Unique Value prohibits the use of Unique Value and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing in advance.
Copyrights
The copyright for all the content and functionality on this Site, including text, graphics, logos, models, designs, and images and the design thereof, is the exclusive property of Unique Value and is protected by United States and international copyright laws. All rights not expressly granted are reserved.
Third Party Websites
Unique Value makes no representation whatsoever about any other website which you may access through this Site. When you access a non-Unique value website, you understand that it is an independent website from Unique Value, and that Unique Value has no control over the content on that website, even if Unique Value provides information or services to the owner of that website. Furthermore, a link to a non-Unique Value website does not mean that Unique Value endorses or accepts any responsibility for the content or the use of such website. Unique Value disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
User Postings
You acknowledge and agree that you are expressively restricted from posting any and all submissions, information or data (“Postings”) on this Site. Unique Value takes no responsibility for restricted Postings that you post on this Site. You further acknowledge and agree that if you post, Postings on this Site, Unique Value shall own and have the unrestricted right to publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on the Site. You hereby waive any and all claims against Unique Value for any alleged or actual infringement of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Unique Value’s use and publication of such submissions, data, or information. You acknowledge that anything submitted by you on this Site will be owned by Unique Value and may be used by Unique Value for any purpose, now or in the future, without any payments to, or further authorization by you. In the event that Unique Value’s ownership of such information is successfully contested, you automatically grant Unique Value a perpetual, royalty-free, non-exclusive, sub-licensable, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish translate, prepare derivative works based upon, distribute, perform or display such Postings, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Unique Value does not represent or endorse the accuracy or reliability of any Postings displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Unique Value expressly disclaims any and all liability related to submissions, and you acknowledge that any reliance upon such Postings shall be at your sole option, liability and risk. You covenant that you shall not post or otherwise publish on this Site any materials that (1) are threatening, libelous, defamatory, or obscene; (2) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (3) infringe the intellectual property, privacy, or other rights of any third parties; (4) contain a computer virus or other destructive elements; (5) contain advertising; or (6) constitute or contain false or misleading statements. Unique Value in its sole discretion reserves the right to refuse to post and the right to remove any information or Postings from its Site, in whole or in part, for any reason.
Access to this Site
Unique Value may alter, suspend or discontinue this Site and your access to use this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
Use of Site Content
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Site are only for your personal, non-commercial use. All materials contained on the Site are protected by copyright, and are owned or controlled by Unique Value. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Site. The Site’s displayed content is restricted for only viewing purposes and you are expressly prohibited from down loading or copying any of the Site’s content displayed on the Site.
Disclaimer
THE CONTENT AND FUCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT UNIQUE VALUE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” AND “AS AVAILABLE” BASES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNIQUE VALUE AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR ANY MERCHANDISE. NEITHER UNIQUE VALUE, NOR ITS AFFILIATES OR SUBSIDIARIES, MAKE ANY PREPRSENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESSED OR IMPLIED WITH REGARD TO THE SITE. UNIQUE VALUE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER UNIQUE VALUE NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSES AND REGARDLESS OF THE THEORY OF LIABILITY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL UNIQUE VALUE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTIAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF UNIQUE VALUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL UNIQUE VALUE’S OR ANY OF ITS PREDECESSORS’, SUCCESORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THE RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Indemnification
You hereby indemnity, defend, and hold harmless Unique Value and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (Collectively, the Indemnified Parties) from and against any and all liability and costs, including, without limitation, reasonable attorney’s feed, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Unique Value reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement of Terms and Conditions
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to conflicts of laws provisions. You expressively agree that the exclusive jurisdiction resides in the courts of the State of New York. You further agree and expressively consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving Unique Value. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate State or Federal Court located in the State of New York.
Infringement and Takedown
Unique Value prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Unique Value of the alleged copyright claim. Unique Value will process written notices of alleged infringement claim according to the following procedure: To be effective, the notification must be in writing and contain the following information below (DMCA, 17 U.S.C. §512(c)(3):
- Identification of the copyright work and/or intellectual property claimed to have been infringed.
- Identification of the allegedly infringing material on the Site that is requested to be removed.
- Information reasonably sufficient to permit the service provider to locate the material.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of as an exclusive right that is allegedly infringed.
- Evidence of ownership of the intellectual property and the infringement.
- The signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
- A sworn statement by the owner of the alleged copyright infringement.
The written notification statement claiming alleged copyright infringement should be sent to Unique Value Ltd.
Agreement
This Agreement constitutes the entire agreement between Unique Value and you with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Unique Value disclaims any and all responsibility for content contained in any third party materials provided through links from the Site.
