Conditions of Use
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.
As used herein, the phrase "this Site" refers to Coyoteuglysaloon.com, which is owned and operated by Ugly, Inc. By using this Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no right or license to access this Site and you should not do so.
Ugly, Inc. reserves the right, in its sole discretion, to change, modify or otherwise update these Terms & Conditions at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions.
Ugly, Inc. may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature or content. Ugly, Inc. may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS
All materials published on this Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are protected by copyrights that are owned and controlled by Ugly, Inc. or the party credited as the provider of the material. The entire contents of this Site are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, and may print one hard copy of the material on this Site for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web Site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to Ugly, Inc. or the other designated owner of a posted mark. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
SUBMISSIONS AND PUBLIC FORUMS
This Site may include chat areas, message boards, e-mail and other interactive functions ("Forums") that allow feedback and submissions to Ugly, Inc. and real-time interaction between users. Only registered users who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, giving a screen name and password, and expressly indicating by means of clicking on an applicable box or boxes the user's acceptance of these Terms & Conditions. Terms & Conditions directly applicable to use of such Forums include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials ("Content"), whether publicly posted or privately transmitted, that you submit to any of the Forums are your sole responsibility. This means that you, and not Ugly, Inc., are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Forums.
2. Ugly, Inc. does not endorse or control the Content delivered to this Site, and Ugly, Inc. has no obligation to monitor such Content. As such, Ugly, Inc. does not guarantee the accuracy, integrity or quality of any such Content. Ugly, Inc. reserves the right (but not the obligation), however, in its sole discretion, to edit, refuse to post or to delete any Content, in whole or in part, that is in violation of these Terms & Conditions or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. Ugly, Inc. further reserves the right at all times to preserve any Content or to disclose any Content as necessary to satisfy any law, regulation or governmental request or any good-faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Ugly, Inc., its users and the public.
4. You understand that by using the Site, including its Forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Ugly, Inc. be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the Site, including its Forums.
5. It is a condition of your access and use of this Site that you do not:
a. Restrict or inhibit any other user from using and enjoying this Site;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an employee or representative of Ugly, Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted by means of this Site;
e. Upload, post, email or otherwise distribute, publish or transmit on this Site 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);
f. Upload, post, email or otherwise distribute, publish or transmit on this Site any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission 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;
g. Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
h. Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material that contains a virus 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, or any other harmful component;
i. Upload, post, email or otherwise distribute, publish or transmit on this Site or in any way exploit any information, software or other material for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion or marketing for goods or services;
j. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k. Interfere with or disrupt the Site or servers or networks serving the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
l. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
m. "Stalk" or otherwise harass another; or
n. Collect or store personal data about other users.
6. By posting or submitting any materials (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, or suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Ugly, Inc. a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
7. You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on this Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your work has been used on the Site in a way that constitutes copyright infringement, please provide Ugly, Inc.'s copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Ugly, Inc. that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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;
- 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.
Ugly, Inc.'s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
2640 US Route 9W
Cornwall, NY 12518
phone: (845) 534-2672
fax: (845) 534-1026
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. UGLY, INC. MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Ugly, Inc. attempts to describe all of the products on the Site as accurately as possible. However, Ugly, Inc. does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on our Site itself is not as described, your sole remedy is to return it in unused condition.
Coyoteuglysaloon.com may contain links and pointers to internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply Ugly, Inc.'s endorsement. Ugly, Inc. has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its Site administrator or Webmaster.
The Site is controlled and operated by Ugly, Inc. from its headquarters in New York State, United States of America. Ugly, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site 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.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, except as to any provisions that may be governed by the laws of the United States, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York City and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and Ugly, Inc. in connection with your access and use of this Site.
Ugly, Inc. may, in its sole discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use this Site, and the restrictions imposed on you with respect to materials downloaded from this Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.
Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the materials contained in this Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UGLY, INC. AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY AFFILIATED WEBSITE WITH WHICH IT IS LINKED. UGLY, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. UGLY, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To the fullest extent permitted by applicable law, Ugly, Inc. and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Ugly, Inc. or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web Site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.
You hereby agree to indemnify, defend and hold harmless Ugly, Inc. and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Ugly, Inc. and the Indemnified Parties, directly or indirectly, by reason of any act or omission that you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. Ugly, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Because you have acknowledged that, at its sole discretion and for any reason, Ugly, Inc. may edit, refuse to post or to delete any Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to Ugly, Inc. a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, such materials or incorporate such materials into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Content, if you unsuccessfully prosecute a claim against Ugly, Inc. and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Content that you post, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Content that you post, or seeking to recover for violation of your moral rights, you hereby agree to reimburse Ugly, Inc. and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).
If the Site includes a registration process, as part of the registration process, you will select a password and a subscriber ID. You also have to give us certain registration information, all of which must be accurate and updated.
a. You may not (i) select or use a subscriber ID of another person with the intent to impersonate that person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID that Ugly, Inc., in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account.
b. You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Ugly, Inc.
c. You shall notify Ugly, Inc. at firstname.lastname@example.org of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
d. You may share your password and subscriber ID with others, but you are responsible for all usage or activity on your Coyoteuglysaloon.com account, including use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Ugly, Inc.'s sole discretion, and Ugly, Inc. may refer you to appropriate law enforcement agencies.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. UGLY, INC. MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.