Date of Last Revision: October 1, 2013
Ubind may modify this Agreement from time to time and such modifications shall be effective upon posting on the Ubind Services. You agree to be bound by any changes to this Agreement when you use the Ubind Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Notice of changes will appear as indicated at the top of this page in accordance with the posted “Date of last revision.”
You must be 13 years of age or older to register as a Member of the Ubind Services. The Ubind Services are reserved for high school students and those seeking higher education, as well as accredited colleges, universities and approved third party educational organizations. Educational organizations include accredited colleges and universities, secondary and higher educational institutions, the armed forces and nonprofit organizations whose purposes advance the mission of Ubind, add value to the admission and/or recruitment process, and increase the educational opportunities of our Users.
By accepting this Agreement, you represent and warrant to Ubind that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by this Agreement. If you are under 18 years of age, you represent and warrant that you have gone over this Agreement with your parent or legal guardian, and that they consent to your use of the Ubind Service. Your Portfolio may be deleted and your membership may be terminated without warning, if we believe that you are under 13 years of age, we cannot confirm your identity, or we believe that you are using the Ubind Services in a manner contrary to this Agreement or applicable law. Ubind reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Ubind Services at any time, for any reason, with or without prior notice, and without liability.
Unless otherwise specified, all materials appearing within the Ubind Services, including, without limitation, the text, site design, logos, graphics, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of P.R.I.D.E Group and Affiliates LLC and its licensors. You may only use the content of the Ubind Services for your own personal use. You agree not to view, copy, or procure content or information from the Ubind Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by P.R.I.D.E Group and Affiliates LLC under separate written agreement. No materials from the Ubind Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without P.R.I.D.E Group and Affiliates LLC's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Ubind Services may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish (collectively, "Submit") any material ("User Content") to Ubind, any Ubind employee or contractor, or the Ubind Services, you grant P.R.I.D.E Group and Affiliates LLC, Inc. and our licensees, distributors, agents, representatives and other entities or individuals authorized by P.R.I.D.E Group and Affiliates LLC, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, create derivative works based upon and otherwise use the User Content. P.R.I.D.E Group and Affiliates LLC is not required to host, display, or distribute, and may remove at any time, any User Content. You represent and warrant that (i) you own the User Content Submitted by you on, through or in connection with the Ubind Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Ubind Services and/or linked services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. This "User Content" section shall survive any expiration or termination of your relationship with Ubind or P.R.I.D.E Group and Affiliates LLC.
We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Ubind Services, or allowing them to be distributed through the Ubind Service. This includes private messages exchanged by you and other users through the Ubind Services. We reserve the right to prohibit any User Content from being distributed and we may remove User Content from the Ubind Service at any time for any reason without prior notice.
Ubind may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Ubind or may cause Ubind to lose (in whole or in part) the services of its ISPs or other suppliers.
Ubind does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. Any reliance on material posted by other Users will be at your own risk. Ubind does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Ubind expressly disclaims any and all liability in connection with User Content. Ubind does not permit copyright infringing activities and infringement of intellectual property rights on the Ubind Services.
You are solely responsible for the User Content you submit, through or in connection with the Ubind Services, and any material or information that you transmit to other users and for your interactions with other users. The following are examples of the kind of User Content that may not be posted on the Ubind Services, and the types of activities that are not permitted through the Ubind Services. In addition to removing such prohibited materials, Ubind may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes, but is not limited to, material that Ubind determines:
- is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without prior written consent from Ubind such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
Prohibited activities include:
- criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
- unauthorized advertising to, or solicitation of, any user to buy or sell any products or services
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Ubind Services
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network
- modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Ubind Services;
- covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal Portfolio page, or any Ubind page via HTML/CSS or any other means
- any automated use of the Ubind Services, such as, but not limited to, using scripts to send messages or posts
- interfering with, disrupting, or creating an undue burden on the Ubind Services or the networks or services connected to the Ubind Services
- displaying an unauthorized commercial advertisement on your Portfolio, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Ubind Services on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by Ubind, or sending messages with a commercial purpose
- activity unrelated or disruptive to the Ubind Services, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles (e.g., ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation), or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
- using Ubind services in a manner inconsistent with any applicable law.
The Ubind Services contain User Content from other Users and Ubind licensors. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on or through the Ubind Services without prior written permission from Ubind.
We appreciate hearing from our Users and welcome your comments regarding the Ubind Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Ubind. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Ubind shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
When you, the student or recruiter, register with the Ubind Service, you will be asked to provide Ubind with certain information, including, without limitation, a valid email address and mailing address (your "Ubind Account Information") and create a public Portfolio (“Ubind Portfolio”).
You are responsible for maintaining the confidentiality of your Ubind Account Information and passwords. You shall be responsible for all uses of your registrations and passwords, whether or not authorized by you. You agree to immediately notify Ubind of any unauthorized use of your Ubind Account or passwords. You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy. You agree you will not sell, transfer or assign your membership or any membership rights.
If you cancel your Ubind account or your account is terminated, your Ubind Account Information will be removed from the Ubind Services, but will be maintained in our database. However, if you remove your Portfolio from the Ubind Services, colleges, universities and Third Parties who have gained access to the data previously may have already saved a copy of your Ubind Portfolio. Ubind is not responsible for the retention, use of, or privacy of Ubind Portfolios in this situation. Likewise, public posts made by you on the Ubind Services may remain on the Ubind Services in perpetuity.
After entering college or university, student users can continue to log in and update both their Portfolio and personal URL to maintain eligibility for scholarships, showcase themselves to future employers, or others with whom they need to show resumes.
Any Ubind Portfolio you, the student or recruiter, submit must describe you, an individual person. Examples of inappropriate and prohibited Ubind Portfolios include, but are not limited to, Ubind Portfolios that purport to represent an animal, place, inanimate object, group, organization, fictional character, or real individual that is not you. We may provider you tools to limit some of the information available to the public in your Ubind Portfolio.
Your Ubind Portfolio does not take the place of any college entrance application. It does not guarantee the admittance into college and Ubind does not make any guarantees, representations or promises that such will assist you in getting admitted into college. Ubind members are the sole creators of their Portfolios and Ubind does not independently verify the information provided by Members or the identity of Members.
Consent to Electronic Communications and Email Solicitation.
P.R.I.D.E Group and Affiliates LLC respects the intellectual property rights of others and takes the protection of copyrights and other intellectual property seriously. If you believe your work has been infringed through the Ubind Services, please notify us with:
- Your contact information, including name, address, telephone number, and e-mail address;
- A description of the copyrighted work you claim has been infringed;
- A reasonably specific description of where the allegedly infringing material is located on the Ubind Services (including, e.g., the URL);
- A statement by you that you have a good-faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law;
- Your electronic or physical signature; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY P.R.I.D.E GROUP AND AFFILIATES LLC, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material. We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.
Ubind Limits Its Liability.
The Ubind Services are a venue for universities and colleges to recruit and for students to post public Portfolios/resumes. Ubind is not liable for the accuracy of information posted by Users on the Ubind Services. Parts of your Portfolio will be automatically available to search engines and the public unless you choose to change your Portfolio settings, and therefore, such information may be viewed by anyone. Because user authentication on the Internet is difficult, Ubind cannot and does not confirm that each User is who he or she claims to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Ubind Service, in the event that you have a dispute with one or more Users, you release Ubind (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
The Ubind Services may contain inaccuracies or typographical errors. Ubind makes no representations about the accuracy, reliability, completeness, or timeliness of the Ubind Services or any content therein. The use of the Ubind Services and any content therein is at your own risk. Changes are periodically made to the Ubind Services and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Portfolio information or material contained therein placed by you on the Ubind Services.
Ubind is not to be considered to be an employer with respect to your use of any Ubind Service and Ubind shall not be responsible for any higher education decisions, for whatever reason made, made by any person or entity posting a Portfolio on any Ubind Service. Ubind cannot guarantee and does not promise any specific results from use of the Ubind Services. No advice or information, whether oral or written, obtained by a User from Ubind or through or from the Ubind Services shall create any warranty not expressly stated herein.
Disclaimer of Warranties.
THE UBIND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, P.R.I.D.E GROUP AND AFFILIATES LLC SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, P.R.I.D.E GROUP AND AFFILIATES LLC SPECIFICALLY DOES NOT WARRANT THAT THE UBIND SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE UBIND SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. P.R.I.D.E GROUP AND AFFILIATES LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICE, OR REGARDING THE RESULTS OF THE USE OF THE UBIND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. P.R.I.D.E Group and Affiliates LLC is not responsible for the User Content, accuracy or opinions expressed IN USER CONTENT POSTED OR PROVIDED BY THIRD PARTIES on Ubind Services or linked services, and such Ubind Services and linked services are not necessarily investigated, monitored or checked for accuracy or completeness by P.R.I.D.E Group and Affiliates LLC. Inclusion of any linked web site or service on the Ubind Services does not imply approval or endorsement of the linked website or service by P.R.I.D.E Group and Affiliates LLC. In addition, P.R.I.D.E Group and Affiliates LLC is not responsible for any damage, injury or loss caused by users of Ubind Services or by any of the equipment or programming associated with or utilized in Ubind Services or linked services. Posts and linked services created and posted by users on, though or in connection with Ubind Services may contain links to other websites or services. P.R.I.D.E Group and Affiliates LLC takes no responsibility for third party advertisements or linked services that are posted on, through or in connection with Ubind Services or linked services, nor does it take any responsibility for the goods or services provided by these third parties. Under no circumstances WILL P.R.I.D.E Group and Affiliates LLC be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of Ubind Services or linked services, attendance at a P.R.I.D.E GROUP AND AFFILIATES LLC event, from any User Content posted on or through Ubind Services or linked services, or from the conduct of any Users of Ubind Services, whether online or offline. This "Disclaimers" section shall survive any expiration or termination of your relationship with P.R.I.D.E Group and Affiliates LLC.
Without limiting any of the other disclaimers of warranty set forth in this Agreement, Ubind does not provide or make any representation as to the quality or nature of any of the third party products “or services made available through the Ubind Services, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.
Limitations of Liability.
Activities Involving Third Parties and Links to Other Sites.
Ubind Services may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Ubind of the contents on such third-party web sites. Ubind is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
Functionality on the Ubind Services may also permit interactions between the Ubind Services and a third party web site or online feature, including applications that connect the Ubind Services or your Portfolio on the Ubind Services with a third party site or feature. For example, the Ubind Services may include a button enabling you to indicate, on your social networking pages, that you “like” a specific product on the Ubind Services, or a feature that lets you post to your social networking pages a link to a specific Ubind Services product or the ability to share content from the Ubind Services or your User Content with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE UBIND SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under this Agreement. You also agree not to make any unauthorized commercial use of any Ubind Service or the content therein.
Indemnity and Assumption of Risk.
You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, agree to indemnify and hold harmless Ubind, its affiliates, and their respective officers, directors, employees, officials and agents, from and against any claims, actions, losses, liabilities or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to any Ubind Service, (ii) your use of any content available on the Ubind Services, (iii) any injury, disability or death you may suffer, or loss or damage to person or property to the fullest extent permitted by law, that occur during the creation, disclosure or use of any User Content; or (iv) your breach or alleged breach of this Agreement. Ubind shall provide notice to you promptly of any such claim, suit, or proceeding. Ubind reserves the right to control the defense and settlement of any claim. In any event, you will not settle any claim without the prior written consent of Ubind.
Access to content within the Ubind Services may not be legal by certain persons or in certain countries. If you access the Ubind Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Ubind may enter into separate contracts with educational institutions and third parties. To the extent that employees of such educational institutions and third parties are using Ubind relating to that contractual relationship, and the contract differs in any material respect from these Terms, the terms of the contract will control.
Term and Termination.
If any provision of this Agreement is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of P.R.I.D.E Group and Affiliates LLC to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision. The section titles of this Agreement are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party. This "Miscellaneous" section shall survive any expiration or termination of your relationship with P.R.I.D.E Group and Affiliates LLC.