The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 16 years of age or older, and who are not barred from using the Sites under applicable laws.
You further agree that you will not: (a) resell for commercial purposes services ordered through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, sell, transmit, display, reproduce, publish, license, create derivative works of or transfer any Content; (d) collect or use any listings or descriptions without Umark’s prior express consent; (e) use any data mining, robots, or similar data gathering and extraction methods that connect with the Site or try to extract data or information from the search engine on the Site; (f) other than for personal use as expressly permitted herein, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any manner; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any Umark trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Umark’s express prior written consent; or (i) use any meta tags or any other "hidden text" using a Umark name, trademark, or service brand without Umark’s express prior written consent.
All trademarks, logos, service marks, trade names and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Umark or such Marks' respective owners and may not be used without the written permission of the owner of such Marks. You may not display or reproduce the Marks other than with the prior written consent of Umark, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Nothing herein is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. The trademark “Umark” is exclusively owned by or used under license by Umark.
In addition, all page headers, custom graphics, button icons, and scripts contained in the Sites are trademarks, service marks, trade names, works protected copyright, and/or trade dress of Umark or their respective owners, and may not be copied, reproduced, imitated, or used, in whole or in part, without Umark’s express prior written consent.
You are expressly prohibited from using any Meta tags or any other “hidden text” utilizing Umark’s name or trademarks without the express written consent of Umark. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Umark.
In order to purchase products or services through the use of the Sites, you must submit a formal application with Umark and you are subject to the Umark Terms of Service. The Sites are directed for use by adults. If you are between the age of 16 and 18, you should only purchase products or services from the Sites with your parent or guardian’s supervision. If you use the Sites, you are responsible for maintaining the confidentiality and security of your account, if applicable, and password and for restricting access to your computer or other electronic device, and you agree to accept responsibility for all activities that occur under your email address, your account and/or password. You are also solely responsible for keeping active your email address as listed with Umark. For the purpose of ambiguity, you are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your email or account.
When you use the FREE search engine on the Site (“Search Engine”), you expressly agree to the limitations listed herein and also acknowledge and agree that your use of the Search Engine is on an “as is” basis without warranties of any kind. This Search Engine is: (a) may contain errors and/or omissions derived from the information available in the data banks it searches; (b) is simply presented as a preliminary step; (c) is not expected to replace a comprehensive report; and (d) should be expected to include incomplete information. Under no circumstance will Umark, its lawyers, its agents, directors and/or employees be responsible for any damages, error or decision that you may incur as a result of relying on the data provided by the Search Engine. The extent of this statement is applicable to damages of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims. No oral or implied advice is given through the Search Engine and you are advised not to rely on such information alone. You take full responsibility for the risks involved in relying upon the Search Engine. Umark reserves the right to change its policy in the future and limit access and/or charge a fee to use the Search Engine.
When you purchase products or services from the Site, your purchase is subject to separate Terms of Service posted on the Sites. You should refer to these Terms of Service of Sale to learn more about the conditions of your order. By placing an order, you agree to be bound by such terms. The terms are subject to change without prior notice at any time, in Umark’s sole discretion so you should review the terms of sale each time you make a purchase.
You agree to pay for all products and services (including applicable taxes) ordered. All sales of products and services are final.
Your use of the Sites includes the ability to enter into agreements and make transactions electronically. In addition, when you send emails to us, you are communicating with us electronically. You consent to receive electronic communications from Umark either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that all agreements, notices, disclosures and other electronic communication that we provide to you electronically satisfy any legal requirement that such communication be in writing.
When you submit any feedback, ideas or materials about Umark, our products and services, you hereby assign to Umark all right, title and interest in and to such feedback, ideas or materials and waive in favour of Umark all moral rights you could own therein.
Any Content on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Umark reserves the right, in its sole discretion, to modify the terms to charge fees for the use or access to any services or Content offered through the Sites, at any time and from time to time.
You agree to defend, indemnify and hold harmless Umark, its affiliates and their respective directors, officers, employees, lawyers and agents against any losses, liabilities, claims, expenses (including attorney's fees) arising out of your use of the Site, and interactions or dealings with Umark.
Umark provides links to other websites and other resources operated by third parties as a convenience to you. Umark does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Providing links to such websites on our Sites does not imply any endorsement of such website or the content, products or services offered, advertised or promoted there, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third party websites.
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. UMARK RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, UMARK RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE IN ADVANCE FOR ANY INCONVENIENCE.
UMARK AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Please note that certain laws in certain states and/or provinces do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Umark may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of Umark or others. If you believe that your work is the subject of copyright infringement, trademark infringement or other intellectual property right infringement and appears on any Site, please provide Umark with all relevant information the following address: firstname.lastname@example.org
Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
All rights not expressly granted to you above are reserved to Umark. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Umark, its agents, licensors or suppliers or any other person or entity.
You and Umark agree that this agreement and all related documents be drawn up in the English language. Les parties confirment leur volonté que cette convention, de même tous les documents qui s’y rattachent, soient rédigés en langue Anglais.