Introduction / Acceptance of Terms

UglyMall offers you a wide variety of online products and services, including general and personalized content, communication tools and forums, and online and downloadable applications (the "Service") on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time. You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.UglyMall.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by UglyMall ("UglyMall", "we", or "us").

Your Responsibility For Content & Conduct

You are responsible for any content that you post or transmit on or through the Service.

You will not use the Service to distribute, link to, or solicit content that:

• is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
• includes personally identifiable information about children;
• infringes someone else's intellectual property or other rights;
• advocates or solicits violence or other criminal conduct;
• violates any law, regulation, or contract;
• promotes participation in multi-level or pyramid marketing initiatives;
• constitutes a raffle, sweepstakes, lottery, or any other form of gambling;
• specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in California, or the domicile of either the distributor or recipient;
• constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as UglyMall specifically authorizes;
• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.

Accurate Information

You will provide accurate and current information on all registration forms on the Service. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through the Service.

Privacy

We take your privacy seriously. Please view our comprehensive privacy policy. When you enter into transactions with or provide information to other companies providing content to the Service, you will be subject to their privacy policies.

Security / No Disruption

You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.

Objectionable Content

The opinions and views expressed by other users of the Service or content providers do not necessarily reflect those of UglyMall. You waive any claim resulting from your exposure to material on the Service that is offensive, indecent, or otherwise objectionable. You must be at least 18 to view adult-oriented areas of the Service.

UglyMall's Discretion Over Content, Use, Storage, And Operation of The Service

We may edit, move, or delete any content on the Service (including content or communications that you have provided) for any reason, and may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these terms, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of UglyMall, its users, or the public, or (e) administer the Service.

We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

We may change or terminate the Service or any part of it without notice or liability. We may terminate or change your password, account, or use of all or any part of the Service and may remove any content within the Service without notice and for any reason, including lack of use or violation of these terms.

License of Your Content

If you post content in areas available to the general public, you are giving us the world-wide, royalty-free, perpetual, irrevocable, sub-licenseable, and non-exclusive license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public via the Open Directory License and other applicable licenses. If you submit summary files or other materials to the Service or UglyMall, you license us to display, distribute, frame, and link to that content via UglyMall channels or other parts of the Service, and warrant that you have all rights necessary to authorize the distribution and re-distribution of that content. You will provide information that we reasonably request related to any claim that your content infringes the rights of a third party.

UglyMall Software

The Service and any software it incorporates or downloads to you ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us or the owner of such proprietary information, you will not modify, sell, or distribute works based on the Service or the Software.

Unless you are receiving the software pursuant to another license from UglyMall, in which case the specific provisions of that license exclusively apply, we grant you a personal, non-transferable, and non-exclusive license to use the object code version of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the Software; and you will not modify the Software or access the Service by any means other than the one we provide.

Except as otherwise specifically noted in a license agreement, we provide no assistance other than the support information available on our website.

Dealings With Advertisers

A number of other companies supply content to the Service and may make offers available to you. You deal with and enter into transactions with advertisers on or suppliers of content to the Service at your own risk. While the UglyMall logo will appear on all pages available via the Service to let you know that you are still within UglyMall, we are not a party to any such transactions and are not liable for any claims or damages that may result from them.

Links to Third-Party Sites

We or third-party providers of content may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.

Links to The Service

If you wish to link from your website to UglyMall, please visit the Banner Area. You are granted a limited, non-exclusive license to create a hypertext link to other parts of the Service, provided that the link does not portray the Service, UglyMall, or UglyMall's affiliates in a false, misleading, or defamatory way. We may revoke this license at any time. You will not frame any aspect of the Service or any UglyMall content or trademark.

Indemnity

You will indemnify UglyMall, and its subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to content you distribute via the Service or your use of or conduct on the Service.

Disclaimer / Limitation of Liability

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND UGLYMALL, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Notices

Notices to you may be made via email, regular mail, notices posted on the Service, or changes to this Agreement.

Trademark Information

Our trademarks identify our products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require our written permission. Please make such requests by email to sales@UglyMall.com.

You may never use our trademarks in the following ways:

• In a non-UglyMall product name or publication title.
• In, as, or as part of your own trademarks.
• To identify products or services that are not UglyMall's.
• To cause confusion.
• To suggest inaccurately that we sponsor, endorse, or are otherwise connected with your activities, products, or services.
• To disparage UglyMall.
• In any other manner that UglyMall or its users find offensive.

Copyright Information

We own intellectual property rights to the content on the Service and its design, structure, and compilation (sometimes known as "look and feel"). It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. You must have the legal right to any content you upload or download using the Service.

Unless otherwise noted, you may view, copy, download, and print UglyMall documents from the Service so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on the Service, please contact the copyright owner.

Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please contact us.

General Terms

This Agreement constitutes the entire agreement between you and UglyMall and governs your use of the Service, superseding any prior agreements. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. Interpretations of the Agreement and determinations that you have breached the Agreement will be made at our reasonable discretion and based on facts known to us. The laws of California except for its conflict-of-law provisions govern this Agreement and our relationship. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles, California for any claim or dispute with UglyMall or any of its subsidiaries, affiliates, officers, agents, or employees. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the Service within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.

Last Modified - 05/14/2002