ACCEPTANCE OF TERMS
Welcome. This Terms of this Service Agreement ("Agreement") is a contract
between you and umakeitcool.com and applies to your use of all services provided by umakeitcool.com. It describes the
terms and conditions applicable to your use of the services provided by umakeitcool.com; and subject to the
following, may be updated from time to time without notice to you. Current versions of this Agreement
may be reviewed any time on the internet using a web browser at:
http://www.umakeitcool.com/tamago/policy/term.jsp
Do not use or access services provided by umakeitcool.com if you do not agree to be bound by the terms
and conditions of this Agreement.
You must read, agree with, and accept all of the terms and conditions contained in this Agreement,
the Privacy Policy, and Publishing Poilicy, which include those terms and conditions expressly set out below and those
incorporated by reference, before you may become a member of umakeitcool.com.
Unless otherwise stated, "umakeitcool.com," "we" or "our" will refer collectively to umakeitcool.com.
In this Agreement, "you" or "your" means any person or entity using our services.
MEMBERSHIP ELIGIBILITY
Our Services are only available to individuals or businesses that can form legally binding contracts
under applicable law. Our Service is available to minors (under 18); but only in conjunction with, and
under the strict supervision of, a parent or legal guardian. Our Service is not available to anyone
under the age of 13. Our Service is not available to persons who have been suspended from our Service.
If you do not qualify, please do not use our Service. If you are registering as a business entity,
you represent that you have the authority to bind the entity to this Agreement.
DESCRIPTION OF SERVICE
umakeitcool.com provides services allowing people and business entities to buy and sell intellectual property
(Work) and post advertisments. When a person becomes a umakeitcool.com member through registration they are
given accounts. First, a royalty account to collect and hold the balance of royalties collected
from the sale of Work they publish; second, a commission account to collect and hold commissions
paid to members for use of their computer(s) and/or device(s) when Work (all, some, or part of) is delivered
to other members during a sale; and third, an advertisement account to hold deposits and debit after a
member's advertisement is clicked.
To receive royalties, members publish Work by providing a description, choosing a royalty amount, and creating
a license. After which, the Work is placed on sale. When other members purchase it, the royalty amount is
deposited into their royalty account.
To receive commissions, members promote Work leading to purchase, download a work from umakitcool.com's website, or deliver Work from their computer or device to other members during its sale.
A member's computer or device must be running software using accounting and accrual services provided by
umakeitcool.com to receive a commission; or, commissions may be received as a gift.
Members may request withdrawal from their royalty account or commission account.
Payment will be made by either through electronic transfer of funds, or mailed check, within
thirty (30) days after being approved.
Members are not required to keep funds in their royalty, commission, or advertisement accounts
(i.e., carry a balance) in order to use our services.
Member's royalty and commission accounts will not receive interest or other earnings on the funds
accrued in those accounts.
umakeitcool.com holds royalty and commission account funds separate from its corporate funds, does not use those
funds for its operating expenses or any other corporate purposes, and will not voluntarily make those funds
available to its creditors in the event of bankruptcy or for any other purpose. Please Note:
1) umakeitcool.com is not a bank; the Service is a payment processing and accrual service rather than a banking
service, and
2) umakeitcool.com is not acting as a trustee, fiduciary or escrow with respect to those funds, but acts only
as a temporary custodian to your withdrawal. Members accrued funds are pooled together and placed in
accounts at one or more FDIC-insured banks ("Pooled Accounts"). Balances held in
currencies other than U.S. Dollars will not be eligible for FDIC insurance.
umakeitcool.com services may include advertisements and certain communications from umakeitcool.com, such as service
announcements, administrative messages, or newsletters, and these communications are considered part of
umakeitcool.com membership and can not be opted out of.
Unless stated otherwise, all new features augmenting or enhancing services provided by umakeitcool.com
are subject to this Agreement.
umakeitcool.com provides services "AS-IS" and umakeitcool.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party
fees (such as Internet service provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of advertisements. In addition, you
must provide and are responsible for all equipment necessary to access the Service.
Fees and Services
Joining is free. We charge an advertising service fees to advertisers. You have an opportunity to review and
accept the fees you will be charged.
Information Control
You understand that all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials transmitted and provided through our Service, are the sole
responsibility of the person from which it originated. This means that you, and not umakeitcool.com,
are entirely responsible for all information you publish, upload, post, email, transmit or
otherwise make available via the Service.
We do not control the information and/or Work published and made available through our Service.
You may find other member's information and/or Work to be offensive, harmful, inaccurate, or
deceptive. Please use caution, common sense, and practice safe trading when using the Service.
Please note that there are also risks of dealing with underage persons or people acting under
false pretense. Additionally, there may also be risks dealing with international trade and
foreign nationals. By using our Service, you agree to accept such risks and umakeitcool.com is not
responsible for the acts or omissions of members using the Service.
Please be aware, members may publish adult or mature content; and if you're younger
than 18 years of age, adult content must be filtered from all searches.
Fraud
Without limiting any other remedies, we may suspend or terminate your account if we suspect that
you have engaged in fraudulent activity in connection with our Service.
Restricted Activities
Information and Work(s) provided by a member shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights
or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography or, if otherwise adult in nature or harmful
to minors, shall be published as "Adult Content" and shall be distributed
only to people legally permitted to receive such content;
(g) contain viruses, Trojan horses, worms, time bombs, or any computer programming routine
that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs
or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services prohibited under
this Agreement
Furthermore, members may not publish Work(s) (or consummate any transaction using our service) that,
by paying to us the payment processing fee, or any fee, which could cause us to
violate any applicable law, statute, ordinance or regulation.
You must be legally able to sell the Work(s) you list for sale. You must describe the Work(s)
truthfully and follow our Publishing Policy. Your listings may only include text descriptions,
graphics, pictures and other content relevant to the sale of that item. All listed items must
be listed in an appropriate category.
You acknowledge that we may or may not screen Work(s), and shall have the right (but not the obligation) to halt
the sale or promotion of any Work(s) that violates this Agreement, or is otherwise objectionable.
You acknowledge, consent and agree that we may access, preserve, and disclose your account
information and Work(s) if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any Work(s) violates the rights of third-parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of umakeitcool.com, its members and the public.
You understand that the technical processing and transmission of the Service, including your
Work(s), may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt
to technical requirements of connecting networks or devices.
You understand that the Service and software used to access the Service include security
components that permit digital materials to be protected, and use of these materials is subject
to usage rules set by members who publish their Work(s) to the Service. You may not attempt
to override, circumvent, or change any of the usage rules embedded into the Work, the work
itself, or any descriptive data associated with the Work. Altering any aspect of a published
Work, its associated descriptive data, or license will result in its deletion from your
computer or device.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You're required to create a password in order to complete the registration process to protect funds
held in your account(s). You are responsible for maintaining the confidentiality of the password and
account(s), and are fully responsible for all activities that occur under your password or account.
You agree to
(a) immediately notify umakeitcool.com of any unauthorized use of your password or account or any
other breach of security, and
(b) ensure that you exit from your account at the end of each session.
umakeitcool.com cannot and will not be liable for any loss or damage arising from your failure to comply with
this Section.
LICENSE
To enable umakeitcool.com to use the information you supply us with, so that we are not violating any
rights you might have to that information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) the right to exercise the copyright,
publicity, and database rights (but no other rights) you have in Your Information, in any media now
known or not currently known, with respect to Your Information. umakeitcool.com will only use Your Information
in accordance with our Privacy Policy.
umakeitcool.com does not claim ownership of Work(s) you publish and make available for sale through our
Service; however, you grant umakeitcool.com the following world-wide, royalty free and non-exclusive license(s),
as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Work(s)
you publish through our Service for the purposes of providing and promoting our Service.
INDEMNIFICATION
You hereby indemnify, save, and hold umakeitcool.com harmless from any and all damages, liabilities, costs,
losses, and expenses (including, and without limitation, legal costs and attorney's fees) arising out
of or connected with any demand or action by a third party which is inconsistent with any of the
warranties, representations, covenants or agreements made by you in this agreement.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or the country in which
you reside.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that umakeitcool.com may establish general practices and limits concerning use of the Service.
umakeitcool.com has no responsibility or liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service. You acknowledge that umakeitcool.com
reserves the right to remove accounts that are inactive for an extended period of time. You further
acknowledge that umakeitcool.com reserves the right to modify these general practices and limits from time to
time.
MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You agree that umakeitcool.com shall
not be liable to you or to any third party for any modification, suspension or discontinuance of the
Service.
TERMINATION
You agree that umakeitcool.com may, under certain circumstances and without prior notice, immediately terminate
your account, any associated email address, and access to the Service. Cause for such termination
shall include, but not be limited to,
(a) breaches or violations of this Agreement or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) you have engaged in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Service.
Termination of your umakeitcool.com account includes
(a) removal of access to the Service,
(b) deletion of your password and all related information associated with your
account (or any part thereof), and
(c) barring further use of the Service. Further, you agree that all
terminations for cause shall be made in umakeitcool.com's sole discretion and that umakeitcool.com shall not be liable to
you or any third-party for any termination of your account, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found
on or through the Service, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings, are solely between you
and such advertiser. You agree that umakeitcool.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the presence of such
advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to World Wide Web sites or other
internet resources. Because umakeitcool.com has no control over such sites and resources, you acknowledge and
agree that umakeitcool.com is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge and agree that umakeitcool.com
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
TAMAGO'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and the necessary software used in connection with the
Service ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as
expressly authorized by umakeitcool.com or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the Software, in whole or in part.
umakeitcool.com grants you, or the entity your represent, a non-transferable and non-exclusive right and
license to use the object code of its Software on any computer or device you, or the entity you
represent, legally owns; provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to access the Service by any means
other than through interfaces provided by umakeitcool.com for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TAMAGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. TAMAGO MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED, PURCHASED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAMAGO OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAMAGO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TAMAGO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS MAY NOT APPLY TO YOU.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third
party beneficiaries to this Agreement.
NOTICES
umakeitcool.com may provide you with notices, including those regarding changes to the Agreement, by email,
regular mail, or postings through the Service.
TRADEMARK INFORMATION
umakeitcool.com logos and product and service names are trademarks of umakeitcool.com.
Without umakeitcool.com's prior permission, you agree not to display or use in any manner,
trademarks of umakeitcool.com.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
umakeitcool.com respects the intellectual property of others, and we ask our users to do the same.
umakeitcool.com may, in appropriate circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual property rights have been
otherwise violated, please provide umakeitcool.com's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of the work you claim is infringing the copyrighted work described above;
you must include the following:
a. Name of the artist (as it appears on the service)
b. Name of the publisher (as it appears on the service)
c. The Title of the Work (as it appears on the service)
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
umakeitcool.com's Agent for Notice of claims of copyright or other intellectual property infringement can
be reached as follows:
By mail:
Copyright Agent
c/o umakeitcool.com
1155 Hayes St. #5
San Francisco, CA 94117
By phone: (650) 591-8295
By email: copyright@tamago.us
GENERAL INFORMATION
A. Entire Agreement: This governs your use of our Service, superseding any prior agreements
between you and umakeitcool.com with respect to the Service. You also may be subject to additional terms
and conditions that may apply when you use or purchase certain other umakeitcool.com services, affiliate
services, third-party content or third-party software.
B. Choice of Law and Forum: This Agreement and the relationship between you and umakeitcool.com shall
be governed by the laws of the State of California without regard to its conflict of law provisions.
You and umakeitcool.com agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of San Francisco, California.
C. Waiver and Severability of Terms: The failure of umakeitcool.com to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or provision. If any
provision of the Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Agreement remain in
full force and effect.
D. Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or the Agreement
must be filed within one (1) year after such claim or cause of action arose or be forever
barred.
E. The section titles in the Agreement are for convenience only and have no legal or
contractual effect.
F. umakeitcool.com is owned and operated by Tamago, a California Corporation.
RETURN POLICY
A. Given digital media is easily copied, returns are not accepted.
B. Payment is processed only after a Work is completely downloaded and verified.
C. Members may cancel an order any time before payment is processed.
VIOLATIONS
Please report any violations of the Agreement.
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