UmeNow

Terms and Conditions

Welcome to UmeNow and thank you for taking the time to read our Terms and Conditions. We are a private social network.

Our Promise: We promise to protect your privacy, protect your personal data, and protect your freedom of expression.

We do not engage in any type of data mining. We do not sell your data or any information about you to anyone. We do not track your activities or preferences. We claim no ownership or rights over anything you submit. What's Yours, Stays Yours. It's that simple. You can delete, disable or edit just about any submission. And when there is no option to delete a submission, you can post it anonymously.

You retain full power, ownership and control over everything you submit to the site. You're in control at all times.

Revised on June 5, 2012:

UmeNow does not permit posting of adult content. Anyone who violates this rule will be banned. We define adult content to include pornography and any other content that depicts images that are sexually explicit.

Furthermore, beginning on June 5, 2012 UmeNow will permit anyone 13 years of age or older to become a member.

Revised on September 8, 2011  ... to include the following statement on solicitation.

We wish to emphasize that ads are not allowed. If you join UmeNow.com you agree not to solicit members. If you do solicit members you will be banned.

You Agree to the following: If you are using our site, it means that you agree to the Terms and Conditions, the Privacy Policy and Rules of the Road. So please read them too. If you do not agree with the Terms and Conditions below or with our Privacy Policy or with our Rules of the Road, please do not use this website or view its content.

Ability to Accept Terms of Service: If you are under 13 years of age, please do not use this website. Talk to your parents about which sites are appropriate for you. When you visit or use this website, you affirm that you are at least 13 years old.

You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, Privacy Policy and Rules of the Road.

Membership: UmeNow is a private social network.  We do offer a public area where our members can post information they wish to share with the world.  But most of the site is designed so members can share privately with their friends, colleagues, and family. 

We offer a 2-tier membership level. Unsubscribed members can use the site for free and are restricted from using site areas and tools reserved for premium level subscribed members.

Subscription rate is 1.50 per week, payable by the month for 6.00 or once every six months for 36.00. The best deal is the discounted yearly rate of 45.00. Using our yearly discount, you essentially receive five months for FREE, over the retail fee. 

Trademarks The text, look of the site, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos, or tag lines and slogans contained therein ("Marks") are owned by or licensed to UmeNow, subject to copyright and other intellectual property rights under the law. (Not referring to Submissions by users.)

Website Content Use and You: Content on the Website is provided to you ASIS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, or as stipulated in these Terms and Conditions, including the Privacy Policy and Rules of the Road.

Rights and Access Level of Subscribed Members: Unlimited access to all posting, provided privacy settings set by other members does not block access.

No advertising, no Google Adsense codes. No tracking. We do not sell or trade your information. We do not permit your posting habits or preferences to be monitored. We do not engage in data mining.

UmeNow, LLC acknowledges that all members will always retain full ownership rights and control of any and all submissions.

UmeNow, LLC will permanently delete your Submissions when you select to delete them. In the unlikely event that your Submission continues to appear on our Website, please contact us at admin@umenow.com and we will track the error and delete your Submission. We promise to do this in a timely manner. Our goal is to do it immediately. In any event, UmeNow, LLC does not retain archives. We update our servers frequently. If you have deleted a Submission it is gone forever from our servers. The only exception to this is where a Submission has been flagged by other Users as unlawful, depicts a crime, or poses an imminent threat.

Under no circumstances shall UmeNow, LLC be legally obligated to remove content submitted that reside in servers not owned by umeNow, LLC. UmeNow Administrators do no edit blogs, videos, or photo Submissions anywhere on the site. All Submissions are posted "as is."  We may change the section in which a submission is posted.

UmeNow administrators may select blogs, videos, photos, and other user Submissions and feature them prominently, provided You have selected privacy settings that permit viewing by visitors and the world.

Forfeit Rights and Subscription: In order to access many of the features of UmeNow.com you will need to register. At registration, UmeNow collects certain personal information about you. You may use any name you want when you become a member of UmeNow. However, you are not permitted to impersonate another person or assume an identity that belongs to someone else. If you do impersonate someone else or steal someone's identity you will be banned, and if you are a subscribed member you agree to forfeit the full amount of the subscription paid.  

Password Security: You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify UmeNow immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of UmeNow or others due to such unauthorized use. Write us: admin@umenow.com

UmeNow will not be liable for your losses caused by any unauthorized use of your account.

Spam and Harvesting: You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from UmeNow.com, nor to use the communication systems to spam other Users.

Selling and Donations: You may sell your original works or other items belonging to you. You may activate the Donation button.

Unlawful Acts: You agree not to use UmeNow to: (1) violate any local, state, national, or international laws or regulations (2) transmit junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (3) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (4) stalk, harass, or harm another individual (5) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity (6) interfere with or disrupt the UmeNow.com website or servers or networks connected to the UmeNow.com website, or disobey any requirements, procedures, policies or regulations of networks connected to the UmeNow website.

You further agree not to use or launch any automated system, including without limitation, "robots," "spiders," "off-line readers," etc., that accesses the UmeNow website in a manner that sends more request messages to our Website servers than a person can reasonably produce in the same period of time using a conventional web browser.

Notwithstanding the foregoing, UmeNow allows operators of public search engines to use spiders to index materials from the public pages from the UmeNow website for the sole purpose of creating publicly available search-able index of materials. We do not allow any search engines to index materials within the private pages. In other words, no indexing occurs when you are logged in. 

Exceptions to Free Expression: There are important exceptions to our policy of not intruding on free expression. We will not tolerate copyright violations, piracy, and illegal acts against other intellectual property. Any material that depict minors of any age in a objectified, sexual, or otherwise illegal manner will be instantly stricken from our Website upon discovery and reported to appropriate authorities.

We will not tolerate any type of child exploitation. No exceptions. We will respond just as unequivocally with any communication that promotes the sexual enslavement of any person of any age and which fosters human trafficking.

We will not tolerate any activity that promotes money laundering. terrorism, or other illegal activities.

You acknowledge and understand that when using UmeNow.com you will be exposed to submissions from a variety of sources and that UmeNow, LLC is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Submissions. It is up to YOU to report violations to us and help us control potential abusive conduct. You may be exposed to submissions that your find offensive, objectionable and inaccurate, and you agree to waive and hereby do waive any legal or equitable rights or remedies you may have against UmeNow, LLC. with respect thereto, and agree to indemnify and hold UmeNow, LLC., its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

UmeNow does not permit posting of adult content. Anyone who violates this rule will be banned. We define adult content to include pornography and any other content that depicts images that are sexually explicit.

On-line Personal Security: We urge our members to be mindful of the reality that any personal information, text, video, or image content that you voluntarily disclose on-line becomes available to others and can be collected and used by others for eternity. In most cases, the availability of the information can be limited by the privacy and distribution settings you select within our Website. In other areas of the site the information is instantly available to everyone in the world -- when you have selected to share the information with the world. UmeNow, LLC is committed to taking appropriate measures to protect your privacy against unauthorized disclosures. While we have implemented safeguards, you should be aware that Internet security technology changes rapidly. As such, we nor anyone else, can guarantee that the safeguards we employ today can protect your personal information from the threats of tomorrow, or that our security measures are fail safe and not subject to circumvention or unauthorized intrusion. You should also be aware that despite our best efforts, factors beyond our control may result in an unexpected disclosure of data. However, the pursuit of security and protecting the privacy of our members is a cornerstone of the UmeNow business model. We pledge to fiercely and consistently explore and update our security/privacy methodologies, as technology and internal company funding allow. We make every effort to ensure data security on our systems and protect against unauthorized access.

However, you hereby agree and understand that no data transmissions over the Internet can be guaranteed to be "totally secure." Therefore, you ultimately agree and understand that you are utilizing UmeNow and its multiple components at your own risk.

Notice to Users Outside the United States: You should be aware that the United States and other countries have not harmonized their privacy regulations. UmeNow, LLC is based in the United States but is intended for use within the USA and countries around the globe. We have written our Privacy Policy and Rules of the Road contained within this agreement, to surpass United States regulations. By using UmeNow.com, you agree to the level of privacy protection set out in our Privacy Policy, regardless of your country of origin.

Copyright Infringement Notice Procedure and Counter Notification: UmeNow respects the intellectual property rights of others. Upon proper notice, UmeNow, LLC will remove Submissions that violate copyright laws. UmeNow will also suspend your rights to post Submission and may permanently exclude you for repeated offenses.

If your access is suspended or permanently blocked due to copyright infringement, you acknowledge and agree that your paid subscription will be forfeited.

If you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing UmeNow, LLC with the information below in writing. See 17 U.S.C 512(c)(3) for further details. Pursuant to Title 17 of the U.S. code, Section 512, UmeNow has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims.

If you believe your work has been copied in a way that constitutes copyright infringement, please send UmeNow, LLC a written notification. In your communication, please stipulate the following: an electronic or 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, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; a description of where the material that you claim is infringing is located on the Website, including the URL; 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 behalf of the copyright owner.

By submitting a Notice of Copyright Infringement, you acknowledge and agree that UmeNow, LLC may forward your Notice and any related communication to any member who posted the material identified in your notice.

Send your communication to UmeNow, LLC c/o Arnold Straus Jr., P.A. Att: Notice of Copyright Infringement 10081 Pines Blvd. Pembroke Pines, Florida 33024

Please note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter Notification to Copyright Infringement: If you believe that your content has been wrongfully removed from our Website, you may send UmeNow, LLC a counter notification.

Pursuant to federal law, you may be held liable for damages if you make material misrepresentation in a counter notification. In compliance with Title 17 of the U.S. Code, Section 512, your counter notification, to be effective, must be in writing, sent to the UmeNow, LLC official mailing address listed above, and include substantially the following information: (1) your physical or electronic signature; (2)identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on UmeNow.com; (3)a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (4) your name, address, telephone number; (5) a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located, and agree to accept service of process from the person who submitted the original Notice of Infringement that resulted in your submission being removed. You may designate an agent or attorney to receive process if you are not able to do so. By submitting a Counter Notification, you acknowledge and agree that UmeNow, LLC may forward your Counter Notification and any related communication to the person, or legal representative, who submitted the original Notice of Infringement that resulted in the removal of your Submission. You also agree that we may forward your Counter Notification and any related communication to third parties as required.

Subscriptions Forfeited: Paid subscriptions will be forfeited for violating the Terms and Conditions, which includes the Privacy Policy and Rules of the Road.

Subscription Rate:  Membership subscription is only 1.50 per week, payable by the month for 6.00 or by the discounted yearly rate of 45.00. Using our yearly discount, you essentially receive five months for FREE, over the retail fee. This entitles you to unlimited site access and rights. Subscription is non-refundable and non-transferable.

Liability: YOU AGREE THAT UMENOW, LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR SUBMISSIONS OR SUSPENDING OR TERMINATION YOUR ACCESS TO THE UMENOW WEBSITE (OR ANY PORTION THEREOF).

Since you own and control all your submissions, you will be given a reasonable period of time to remove your submissions prior to termination. We define reasonable as no longer than 30 days from the time your account is terminated.

Closing Your Account: You may discontinue or close your account and end your access to our Website at any time.

YOU AGREE THAT YOU FORFEIT YOUR SUBSCRIPTION IF YOU TERMINATE AND ARE NOT ENTITLED TO A REFUND.

Violations: UmeNow, LLC reserves the right to investigate your use of UmeNow.com in the event UmeNow, LLC in its sole discretion believes you have violated these Terms and Conditions, including the Privacy Policy and Rules of the Road.

If you believe you have been wrongfully terminated you are requested to contact UmeNow, LLC by sending an email to admin@umenow.com

Warranty Disclaimer:YOU AGREE THAT YOUR USE OF THE UMENOW  WEBSITE SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. UMENOW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF SITE CONTENT OR ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE  WEBSITE.

UMENOW  DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE  WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UMENOW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. UMENOW ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

Limitation of Liability: IN NO EVENT SHALL UMENOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UMENOW WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT UMENOW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by UmeNow from the United States of America.

UmeNow, LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the UmeNow Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity: You agree to defend, indemnify and hold harmless UmeNow, LLC, its parent corporation, if any, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the UmeNow Website; (ii) your violation of any term of these Terms and Conditions, including the Privacy Policy and Rules of the Road ; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions, including the Privacy Policy and Rules of the Road and your use of the UmeNow Website.

Assignment: These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UmeNow without restriction.

General You agree that: (i) the UmeNow Website shall be deemed solely based in Florida and (ii) the UmeNow Website shall be deemed a passive website that does not give rise to personal jurisdiction over UmeNow, either specific or general, in jurisdictions other than Florida.

These Terms and Conditions shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and UmeNow that arises in whole or in part from the UmeNow Website shall be decided exclusively by a court of competent jurisdiction located in Florida.

These Terms and Conditions, together with the Privacy Policy, Rules of the Road and any other legal notices published by UmeNow on the Website, shall constitute the entire agreement between you and UmeNow, LLC. concerning the UmeNow Website.

If any provision of these Terms and Conditions. is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and UmeNow failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

UmeNow, LLC reserves the right to amend these Terms and Conditions, including its Privacy Policy, and Rules of the Road at any time. UmeNow will inform all its members of any changes. Additionally, it is your responsibility to peridocially review these Terms and Conditions for any changes. When you continue to use UmeNow after changes are made to these Terms and Conditions, Privacy Policy, and Rules of the Road, you signify your acceptance of the revisions.

YOU AND UMENOW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UMENOW WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.