Terms

Umba Terms of Use

Please Read These Terms Of Use Carefully Prior To Using This Site. By Using The Site, You Indicate Your Agreement With These Terms Of Use. If You Do Not Agree With These Terms, Do Not Use This Site.

Welcome to Umba

Umba’s website (the “Site”) allows you to shop their products anytime, but asks you to review these Terms of Use and when visiting the Umba website, agree to be bound by these Terms, including the Umba Privacy Policy and Copyright Complaint Policy (together these policies will be referred to as “Terms of Service”). Also, when using certain services, you may be subject to additional terms applicable to those services that will be posted on the Service from time to time. All additional terms are hereby incorporated by reference into these Terms of Service. In addition Umba reserves the right, for any reason or no reason, in our sole discretion and without notice to you, to revise the products and services described on our Site and to terminate, suspend or discontinue any aspect of the Site, as well as features, hours of availability of the Site, and Umba will not be liable to you or any third party for doing so. Umba also has the right to impose any rules for and limits on your use of the Site or restrict your access to part or all of the Site without notice or penalty. Umba has the right to change these rules and/or limitations at any time, in our sole discretion.

Umba will periodically review its Terms of Service and may modify or change portions at any time without notice. So please visit the Umba Legal Notices Page to review updated Terms of Service. In the meantime your visits to the Umba Site indicates your agreement to be bound by the Umba Terms of Service, including any and all revisions, modifications or additional terms and conditions. If you do not agree to be bound by these or any future Terms of Service, please stop accessing the Umba Site and/or email Umba at support@umba.com that you are closing your account.

The Umba Site is intended for viewing and use in the United States. If this Site is viewed internationally, you are solely responsible for compliance with applicable laws in the country in which you are viewing the Site. Umba does not intend to sell or distribute its products and services outside the United States.

UMBA IS COMMITTED TO THE SAFETY OF CHILDREN. PERSONS UNDER THE AGE OF 18 MAY NOT APPLY AS UMBA MERCHANDISERS. CHILDREN UNDER THE AGE OF 13 MAY NOT PURCHASE PRODUCTS THROUGH THE UMBA SITE. UMBA DOES NOT SOLICIT OR KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN UNDER THE AGE OF 13.

1. Trademarks and Copyrights

All content and information, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages of the Umba Site (collectively the “Materials”) is owned by Umba or is used with the owner’s permission and is protected by United States and international copyright laws (or any other company whose marks appear on the Site). Umba Box, Inc. is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or services mark appearing on the Site the (“Trademarks”), and is the copyright owner or licensee of the Materials of the Site, unless otherwise indicated. Materials on this Site may not be duplicated, copied or distributed in any way unless authorized. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. You agree not to display or use the Trademarks in any manner without Umba’s prior permission. You may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials in whole or in part. You may not download or save a copy of any of the Materials for any purpose except as otherwise provided by Umba. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and you may be subject to liability for such unauthorized use. The information on this Site including, without limitation, all site design, text graphics, and the selection and arrangements is protected by law, including but not limited to, copyright laws.

In addition, Umba reserves all rights to stories, photographs, images and documents contained within all domain names owned by Umba. No material from the Site or any website owned, operated or controlled by Umba may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, reprinted or duplicated in any way without the prior express written permission of Umba.

2. Use of the Site

Umba grants you a limited license to access and make personal use of the Site and the Materials, subject to these Terms of Service. In the event you download any Material, you may only download one copy to a single computer for your personal, noncommercial home use, and you must keep all copyright notices and other proprietary notices intact, make no modifications to the Materials, and not use the Materials in a manner that suggests an association with any of Umba’s products, services or brands. Umba reserves the right to refuse services and cancel orders if we have reason to believe that your conduct violates applicable laws or is harmful to Umba’s interests.

When you post, upload, embed, display, communicate, feedback, text, artwork, photographs, drawings, videos, comments, suggestions ideas, feedback, including responses to any content on this Site (collectively “Submissions”), you grant Umba a non-exclusive, royalty-free, perpetual and irrevocable permission to use, reproduce, modify, adapt, publish, distribute and incorporate your Submissions throughout the world in any media for any commercial or non-commercial purpose.

You acknowledge and agree that any Submissions provided by you to the Umba Site are non-confidential and Umba will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Umba may preserve Submissions and may also disclose Submissions if required to do so by law or in the good faith belief that the preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Umba, its users and the public.

Under no circumstances will Umba be liable in any way for any Submissions posted by you or any third parties at your direction, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on the Site. You acknowledge that Umba does not pre-screen content, but that Umba and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submission that is posted or uploaded to the Site. Without limiting the foregoing, Umba and its designees shall have the right to remove any content that violates these Terms of Service or is deemed by Umba, in its sole discretion, to be otherwise objectionable.

3. Rules of Conduct

This Site offers you the opportunity to distribute Submissions for viewing by other users, including but not limited to, a chat area, message board, instant messaging, social community environment, profile page, conversation page, blog, or email function in a public forum. You acknowledge that any Submissions posted in the public forum are for public review and are not private or confidential communications and you should have no expectations of privacy with regard to any Submissions posted to the public forum area of this Site. You are and shall remain solely responsible for the Submissions you post and/or distribute on or through the Umba Site under your username or otherwise by you in the public forum area of the Site and for the consequences of submitting and posting Submissions. Umba cannot guarantee the security of any information you disclose on or through the public forum area of this Site and therefore you make such disclosures at your own risk. Umba has no duty to monitor any public forum area of the Site.

You should always be cautious about information provided by others and you acknowledge that the use of any Submission posted in any public forum is at your own risk. Umba is not responsible for and does not endorse the opinions, advice or recommendations posted or sent by any users in any public forum and Umba specifically disclaims any and all liability in connection with any Submissions. Umba owes you no obligation and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the Site.

When using this Site, you agree that you will not upload, post or otherwise distribute to the Site any Submission that (i) creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (ii) is unlawful, harmful, threatening, abusive, harassing, excessively violent, defamatory, libelous vulgar, obscene, pornographic, invasive of another’s privacy, or otherwise objectionable; (iii) you do have a right to transmit, by law, contract or fiduciary relationship; (iv) presents a security risk to any person or property; (iv) infringes any third party’s intellectual property rights, privacy rights, or other personal or proprietary rights; (v) is fraudulent, false or misleading or constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes” or any other form of solicitation; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets; (vii) contains a virus or other harmful component or otherwise tampers with, impairs, or damages the Site or any connected network, or otherwise interferes with any person’s or entity’s use or enjoyment of the Site; (viii) does not generally pertain to the designated topic or theme of the relevant conversation in public forum, or violates any specific restrictions applicable to a public forum, including age restrictions and procedures, or is antisocial, disruptive or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet; or (xiv) in Umba’s sole judgment is objectionable or which may expose Umba or its users to any harm or liability of any type.

Umba cannot assure you that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Services, and as between you and Umba, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

3. Links

The Umba Site may contain links to third party websites. Any links are provided solely as a convenience to you. If you use these links, you will leave the Umba Site and you access them at your own risk. Umba does not control and is not responsible for these sites or their content. Umba does not make any endorsement or representations about such sites, or any information found there, or any results that may be obtained from using them.

Also, any website that links to the Umba Site, unless otherwise permitted in writing by an authorized representative of Umba: (i) shall not imply, either directly or indirectly, that Umba is endorsing its products or services; (ii) shall not use any of the Umba Trademarks or the Trademarks of any Umba licensors; (iii) shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content or material that is appropriate for all age groups; (iv) shall not disparage Umba or its products in any way or otherwise negatively affect or harm Umba’s reputation and goodwill; (v) shall not present false or misleading information about Umba; (vi) shall not misrepresent any relationship with Umba; and (vii) shall not replicate in any manner any content in this Site; and (viii) shall not create a browser or border environment around this Site material.

4. Indemnity and Release.

You agree to release, indemnify and hold Umba and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use and access to the Site, any Submissions, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another.

5. Disclaimer of Warranties

ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE UMBA SITE (THE “CONTENT”) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. UMBA DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTAITONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST UMBA WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). UMBA MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. UMBA ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UMBA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DAMAGE TO PERSONAL PROPERTY, PERSONAL INJURY, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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. IN NO EVENT SHALL UMBA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID UMBA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS (U.S. $100.00). IN ADDITION, UNDER NO CIRCUMSTANCES WILL UMBA, ITS LICENSORS OR LICENSEES, MERCHANDISERS, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR VENDORS AND SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILUER IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FOMR AN ACT OF FORCE MAJEURE OR CAUSES BEYOND UMBA’S OR THEIR REASONABLE CONTROL.

IN ADDITION, UMBA MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

7. Governing Law

These Terms of Service constitute the entire agreement between you and Umba and govern your use and access of the Site, superseding any prior agreements between you and Umba with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims arising out or resulting from these Terms of Service, you and Umba agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware. The failure of Umba to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 these Terms of Service remain in full force and effect. 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 these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

8. Umba Copyright Complaint Policy

Umba respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should send a written notice to Umba of your infringement claim in accordance with the procedure set forth below. Umba will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. Upon receipt of the notice, Umba will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material form the Site. All notices should be sent to Umba by either email to: support@umba.com or by mail to: Umba, PO Box 191285, St. Louis, MO 63119, Attn: Umba Copyright Notices

To be effective, your notice must be in writing and contain the following information:

the electronic or physical signature and full legal name of the person authorized to act on behalf of the copyright or other intellectual property interest owner;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site or Service, with sufficient detail that we may find it on the Site or Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright or intellectual property owner, its agent, or the law;
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.
COUNTER-NOTICE. Umba may give you notice that it has removed or disable access to certain material by means of a general notice on the Site, electronic mail to a user’s email address in Umba’s records, or by written communication sent by first-class mail to your physical address in Umba’s records. If you receive such a notice, you may provide a counter-notice in writing to Umba’s copyright agent at the address above, that includes the information set forth below. Again to be effective, the counter-notification must be a written communication that contains the following:

your physical or electronic signature and full legal name;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within District of Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Umba’s copyright agent, Umba will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days, unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

REPEAT INFRINGER POLICY: In accordance with the DMCA and other applicable law, Umba has adopted a policy of terminating, in appropriate circumstances and at Umba’s sole discretion, users who are deemed to be repeat infringers. Umba may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Umba takes DCMA notices seriously. There are legal and financial consequences for fraudulent and/or bad faith submissions. Therefore before submitting a counter-notice, be sure that you are the actual holder of all rights of the removed content, or that you are submitting your counter-notice with a good-faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

If you have any questions, suggestions or comments regarding the Umba terms of service:

Umba
PO Box 191285
St. Louis, MO 63119

Please contact us at the address above to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Site, or email us at support@umba.com.

Umba values the suggestions and feedback from its users, especially feedback which will improve your visit to the Umba Site. By submitting your feedback, you agree that your disclosure is freely given, unsolicited and without restriction. Your submission of feedback will not place Umba under any fiduciary or other obligation and Umba is free to use, disclose and otherwise exploit your feedback without any restrictions and without any compensation to you.