Terms of Use
Preserving the Art of Good Clean Fun
Introduction
This Terms of Use Agreement ("Agreement") sets forth legally binding terms for your use of UsendU.com ("This website"). By visiting this website ("Site") and/or using UsendU services, you are agreeing to be bound by this Agreement, whether you are a "Visitor", intentionally/unintentionally,(which means that you simply browse the UsendU Website) or you are a "Member" (which means that you have registered with UsendU.com). If you do not agree to all terms listed in this statement, sales policy and/or privacy policy, you are considered trespassing and must discontinue use of this Website/Services immediately.
Content
You may not use, quote, link, reference UsendU.com, the Site ("Collectively the Content") without written consent from its owners. The content of this Site, including, but not limited to, design, images, video clips, art, information, copyright, trademarks, and all other protectable properties remain the sole and exclusive property of Acapellafella.com,LLC. Note: content of this site can change without any notification. You represent and warrant that all information submitted to UsendU through UsendU.com is legally, truthful, and accurate. By using UsendU services and/or member services, you are legally bound to the upkeep and accuracy of submitted information. As mentioned in our Abuse Policy, the UsendU website contains videos that may be offensive or discomforting in nature. If you find yourself offended or in any discomfort, you must discontinue use of the UsendU website immediately. The user, you, agrees to assume all financial, ethical, moral and legal responsibility to view, use, or send this content. Acapellafella.com, LLC, UsendU, management, and/or any affiliates associated with Acapellafella.com LLC will not be in any way shape or form held responsible. You, solely "the user", will be financially and legally responsible for any content submitted by your account through this site. You agree that any and all content does not violate any applicable laws. You further agree that any links to third party sites, images etc... are either owned by you or you have written permission to do so.
General Use of the Website -- Permissions and Restrictions
UsendU.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without UsendU.com prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to UsendU.com Embeddable Player or any of its related technologies.
C. You agree not to access User Submissions (defined below) or UsendU.com through any technology or means other than the video playback pages of the Website itself, the UsendU.com Embeddable Player, or other explicitly authorized means UsendU.com may designate.
D. You agree not to use the Website, including the UsendU.com Embeddable Player for any commercial use, without the prior written authorization of UsendU.com. Prohibited commercial uses include any of the following actions taken without UsendU.com express approval:
- sale of access to the Website or its related services (such as the Embeddable Player) on another website;
- use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the UsendU website or any third-party website, targeted to the content of specific User Submissions or UsendU content; and any use of the Website or its related services (such as the Embeddable player) that UsendU.com finds, in its sole discretion, to use UsendU.com resources or User Submissions with the effect of competing with or displacing the market for UsendU.com, content, or its User Submissions.
E. If you use the UsendU.com Embeddable Player on your website, you must include a prominent link back to the UsendU.com website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
F. If you use the UsendU.com Uploader, you agree that it may automatically download and install updates from time to time from UserndU.com. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit UsendU.com to deliver these to you) as part of your use of the Uploader.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the UsendU.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, UsendU.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. UsendU.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
I. UsendU.com reserves the right to discontinue any aspect of the UsendU.com Website at any time.
Members
Your membership ("Registered Account") with UsendU.com is recognized as a privilege, not a right regardless of payment to UsendU.com. Your membership can be cancelled at anytime without notice. Any activity listed as "Abuse", "Improper Use" or activity decided by Acapellafella.com, LLC to be potentially harmful will result in the consequences stated above.
Passwords
When you sign up to become a Member and/or use UsendU services, you will be asked to provide a password giving access to your account. You are entirely responsible for maintaining confidentiality and security of your password. You will never disclose your password to any third party or entity.
Improper Use
You agree only to submit to this site in plain text. You agree not to exploit any of the content of this site in any manner, not limited to copyright, infringement and/or proprietary laws. You further agree not to let anyone use your account with UsendU.com, submit/develop any malicious code or distribute/promote hacks, worms phishing or potentially harmful information related to this site. You agree not to link to third party sites in any way effecting their bandwidth. You are solely responsible for any financial loss caused by your actions.
External Links
External links are defined as links on our site that point to another website other than our own. UsendU.com does not endorse, suggest, represent, or guarantee any services offered by other websites found on this site. You are solely responsible for their services, business practices and offered products. Links to other sites are strictly advertisement and are provided for your convenience. You enter these sites at your own risk.
Disputes
In the event of a dispute involving UsendU services, Site, and/or Acapellafella.com, LLC you agree to a venue located in the United States. Any and all disputes will be settled and governed by arbitration as outlined by the dispute resolution procedures of the American Arbitration Association.
Disclaimer
UsendU services, UsendU.com, Acapellafella.com, LLC or its management assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or unauthorized access to, or alteration of, any user or member communication. Under no circumstances shall UsendU.com be responsible for any loss or damage, including personal injury or death, electronics, resulting from use of the UsendU Services. The UsendU Services are provided "AS-IS" and as available. UsendU does not guarantee or promote any benefits from using the Site. Some content on this site may be viewed as offensive to some audiences. UsendU services preserve the art of good clean fun. UsendU is not and will not be held responsible for any discomfort of any entity, being, presence and/or noun that could be methodically defined by any dictionary. You assume personal responsibility for using UsendU.com.
Limitations and Liabilities
In no instance shall UsendU.com be liable to you or any third party for direct, indirect, special or punitive damages including loss of profit that result from our services on and off the site even if UsendU acknowledges the effects of our services.
Ability To Accept Terms of Service
You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, abusive policies, privacy, sales and warranties set forth in these Terms and Conditions to use/view UsendU.com, and to abide by and comply with these Terms of Service.
Questions
Do you have a question regarding our Terms and Conditions? Contact us regarding our Terms of Use.