2. Online web service:
UniFlip provides two different versions of the online service:
If you are an unaffiliated individual and/or a non-profit / commercial organization, you may use UniFlip online service as follows:
The online service shall be used by users only in a non-commercial / non-profit manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
You specifically acknowledge that soliciting other users of your Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
This License agreement permits you to upload and publish three (3) different online publications at the same time and linking the publication directly from your Web site or distributing the link by e-mail.
There are limitations to the UniFlip FREE online service. These include banner advertising in the online publication. If you would like to eliminate the banners included in your publication, you must purchase a license for UniFlip BIZZ.
Some other limitations include:
? Upload 5MB file size and 100 pages
? Total of 75MB on the UniFlip server (25MB per publication
? Banner advertising
? Required periodical confirmation of your online publications
UniFlip BIZZ - Licensed Version:
If you are promoting services and/or products and publishing online documents in public areas, you can use UniFlip test for evaluation purposes and to finalize your online publication before assigning a purchased license to the administration module.
Assigning a license to a publication will automatically remove any banner advertising. The period of license validation will be one year from the date you assign the license, not necessarily from the date of purchase.
After purchasing and assigning a license, you have access to following extended functionality:
? Automatic upload up to 125MB per file and 325 pages.
? Customized background colors
? Customized language in navigation bar
? Banner advertising is replaced by your own welcome text and logo
? Zip-download of your online publication for publishing on your own server or on a local computer without any connection to www.uniflip.com.
? Purchase of teaser for advertising on your own Web page by e-mail request by with correct picture size. Twenty-four (24) months after your purchase, the system will automatically delete license(s) that remain unused.
3. RESTRICTIONS ON USE OF CONTENT AND MATERIALS
All information, product information, documentation, content and/or material posted on the Web Site or available through it ("Materials") remain the property of the owner of the UniFlip account, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and any other proprietary rights.
Without limiting any of the foregoing, you may not copy, reproduce, republish, upload, sell, rent, lease, sublicense, post, transmit, or otherwise distribute the Materials or any part thereof.
You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any of the Materials.
4. CONTENT AND SERVICES INFORMATION
All content available through the Web Site, including but not limited to data, pictures of products, technical drawings, configurations, quote and order information, and catalogue listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product, or service available through the Web site. Specifications for products and services are subject to change without notice, and UniFlip reserves the right to make changes without notice to processing, materials, or configuration.
YOU ACKNOWLEDGE THAT THE USE OF ANY AND ALL DATA AND MATERIALS AVAILABLE THROUGH THE WEB SITE OR THROUGH ANY ONLINE SERVICE MADE AVAILABLE THEREFROM SHALL BE MADE AT YOUR SOLE RISK AND DEPEND SOLELY ON YOUR OWN JUDGMENT, INTERPRETATION, AND CONSIDERATION. YOU SHALL BE SOLELY RESPONSIBLE IN CONNECTION WITH ANY SUCH USE.
5. RESTRICTED SECTIONS
Access to some areas on this Web Site is restricted to users authorized in advance by UniFlip, in accordance with UniFlip policy ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access, through issuance of a unique user ID and password ("Restricted Section(s)"). No other persons other than Authorized Users may access these Restricted Sections. Registration, passwords and user IDs are personal and non-transferable.
You will bear the sole responsibility for (1) maintaining the strict confidentiality of any user ID and password assigned to you and (2) any charges, damages, or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your user ID and password.
UniFlip shall not be liable for any harm related to the theft of your user ID and password, any disclosure of your user ID and password, or your authorization to allow another person or entity to access and use the Restricted Sections using your user ID and password.
6. INTERACTIVE AREA(S), POSTINGS AND USER CONDUCT
"Interactive Area(s)" shall mean but is not limited to forums, mailing lists, request information forms, etc. offered as part of this Web Site, and any other forms of group electronic communications which may be made available through the Web Site from time to time.
If you participate in Interactive Areas you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes.
You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including but not limited to material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of any third-party; (3) would invade the privacy of any other person; (4) contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) otherwise inappropriate or unlawful material.
You also expressly agree that you will not: (a) after receiving warning, continue to post material which UniFlip has advised you not to post; (b) attempt to gain unauthorized access to restricted areas of the Web Site, other accounts, computer systems or networks connected to the Web Site through password mining or any other means; (c) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (d) post, generate, or disseminate so-called "spam" or mass-mailings; (e) harvest or otherwise collect information about others, including e-mail addresses, without their consent.
UniFlip is not and shall not be responsible for screening or monitoring material uploaded by you or any other person or entity in Interactive Areas. UniFlip reserves the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. Uniflip reserves the right to delete any material posted on our Web Site, regardless of whether such material violates these standards for content.
WE FURTHER DO NOT REPRESENT, WARRANT, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OF THE MATERIAL POSTED IN INTERACTIVE AREAS. WE ALSO DO NOT ENDORSE ANY OPINIONS EXPRESSED IN INTERACTIVE AREAS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
7. LINKING TO THE WEB SITE
Unless you have a written agreement in effect with UniFlip that states otherwise, links to the Web site may be provided only in the following manner: (a) links must not suggest or otherwise create the false appearance that UniFlip is affiliated with any person or entity, or that UniFlip otherwise endorses, sponsors, or is affiliated with any product or service; (b) the appearance, position, and other aspects of any link to the Web site may not be such as to damage or dilute the goodwill associated with UniFlip name and trademarks; (c) all links to the Web Site must "point" to the URL supplied.
Even in the absence of any of the above infringements, UniFlip reserves the right to revoke its consent above to the providing of any link to the Web site at any time and at its sole discretion.
THE MATERIALS AND CONTENT IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UniFlip DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
UniFlip DOES NOT WARRANT THAT THE MATERIALS AND CONTENT DISPLAYED OR OTHERWISE AVAILABLE IN THIS WEB SITE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UniFlip DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEB SITE AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL UNIFLIP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE WEB SITE, OR RELIANCE ON ANY OF THE MATERIALS OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY UNIFLIP.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. THIRD PARTY'S CONTENT
To the extent that the Web site contains links to outside services, resources, and external advertising, UniFlip does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to such particular service or resource provider.
Some of the Materials in this Web site may be provided by third parties. Any opinions, advice, statements, services, offers, or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of UniFlip.
11. INTELLECTUAL PROPERTY INFRINGEMENT POLICY
UniFlip is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property violations on this Web site or on our servers should be addressed to: [email protected] or by mail to UniFlip A/S, Skruegangen 3, DK 2690 Karlslunde or by phone: +45 7022 7069.
UniFlip will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, UniFlip will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
UniFlip will assume no liability for any losses or damages alleged to arise from use of or reliance on such software or content. We undertake no duty to determine the legitimacy, operability, or fitness for any particular purpose of any shareware posted to this Web site.
12. RIGHT TO SHUT DOWN, DENY, OR LIMIT ACCESS
This license agreement shall be governed by the laws of Denmark. If any provision of this agreement is found to be void or unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the limited warranty shall remain in full force and effect.
This agreement may only be modified in writing signed by you and an authorized officer of UniFlip. All rights not specifically granted in this agreement are reserved by UniFlip.
BY USING SOFTWARE FROM UNIFLIP, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS LICENSE AND LIMITED WARRANTY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU ALSO AGREE THAT THE LICENSE AND LIMITED WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENSE OR LIMITED WARRANTY.
UniFlip, January 2013