Last updated: March 27, 2021
Please read these terms and conditions carefully before using Our Service.
This statement covers the site www.ubergizmo.com (Ubergizmo) and any associated
content including email and RSS. Please read this statement carefully before using proceeding to access Ubergizmo. Your use of Ubergizmo indicates your agreement to abide by the Terms in effect.
Interpretation
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under
common control with a party, where “control” means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority. - Country refers to: California, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to Blogzilla LLC, PMB 191, 1459 18th Street, San
Francisco, CA, 94107, owner of Ubergizmo website and trademarks. - Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet. - Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service. - Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service. - Website refers to Ubergizmo, accessible from <https://www.ubergizmo.com/>
- You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the exclusive
property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the
Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product
or service without the prior written consent of the Company.
Copyrights and Fair Use Guide
Feel free to use short quotes (a sentence) in your non-commercial website or blog as long as it is in quotation marks and credit is given with a full URL Link around a mention of Ubergizmo right after the quote. Do not hide the link from Search Engines with a rel=”nofollow” attribute.
Please do not IFRAME our content as this would hide the original URL from the user.
If you want to use a quote for publicity or other commercial activity, please contact us to get permission to do so. If you intend to reprint/publish articles or use a quote to promote a product, there will be a licensing fee involved. Contact editor -at- ubergizmo -dot- com to get more information. We also provide licenses for paper magazines.
Copyrights violations will be the subject of a DMCA complaint to: the hosting company, the advertising partners and search engines.
RSS Feeds
Use of Ubergizmo’s RSS Feeds: Website’s RSS is a free service offered by Company for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. Contact us if you would like to use our content for commercial purposes.
You must use the RSS feeds as provided by Company, and you may not edit or modify the text, content or links supplied by Company. For web posting, reprint, transcript or licensing requests for Website’s (Ubergizmo Site) material, please send your request.
Link to Content Pages: The Ubergizmo RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Website (Ubergizmo Site). You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Ubergizmo Site web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable Ubergizmo Site web page.
Ownership/Attribution: Company retains all ownership and other rights in the RSS Content, and any and all Company’s logos and trademarks, including but not restricted to the Ubergizmo logos and trademarks, used in connection with the RSS Service. You must provide attribution to the appropriate Website in connection with your use of the RSS feeds.
Right to Discontinue Feeds: Company reserves the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms and Conditions. Company assumes no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company 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 the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
“Ubergizmo” Comments and Discussions
In order to make our Comments interesting and informative for our users, the following guidelines must be adhered to by all users posting and/or viewing comments:
- If a comment is made using your identity it will be deemed to have been posted by you.
- Do not post abusive, obscene, threatening, harassing, defamatory,libelous, offensive or sexually explicit material. – Do not intentionally make, false or misleading statements.
- Do not offer to sell or buy any product or service. – Do not post material that infringes copyright.
- Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
- Keep all comments relevant and ‘on topic’ to the particular Website posting open for comments.
- Company will not accept responsibility for information posted in the comments. If Company receives notice that any posting is not in keeping with these terms and conditions or the intended use of the Comments, Company may remove that posting and/or any other related postings.
- Please note that unless Company is notified of a posting that is not in keeping with these terms and conditions then we will not remove it, furthermore we do not exercise any form of editorial control or censorship of Comments other than the above stated procedure.
Termination
We may terminate or suspend Your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven’t purchased
anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party’s liability
will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not effect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact
us: By visiting this page on our website: <https://www.ubergizmo.com/contact/>