Terms and Conditions
1. Introduction
These Terms And Conditions (these “Terms” or these “Terms And
Conditions”) contained herein on this webpage, shall govern your use of
this website, including all pages within this website (collectively
referred to herein below as this “Website”). These Terms apply in full
force and effect to your use of this Website and by using this Website,
you expressly accept all terms and conditions contained herein in full.
You must not use this Website, if you have any objection to any of
these Terms And Conditions.
This Website is not for use by any minors (defined as those who are not
at least 18 years of age), and you must not use this Website if you are
a minor.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this
Website, under these Terms, Utterchic and/or its licensors own all
rights to the intellectual property and material contained in this
Website, and all such rights are reserved. You are granted a limited
license only, subject to the restrictions provided in these Terms, for
purposes of viewing the material contained on this Website.
3. Restrictions
You are expressly and emphatically restricted from all of the following:
publishing any Website material in any media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is, or may be, damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in a
way that causes, or may cause, harm to the Website, or to any person or
business entity;
engaging in any data mining, data harvesting, data extracting or any
other similar activity in relation to this Website, or while using this
Website;
using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and
Utterchic may further restrict access by you to any areas of this
Website, at any time, in its sole and absolute discretion. Any user ID
and password you may have for this Website are confidential and you
must maintain confidentiality of such information.
4. Your Content
In these Terms And Conditions, “Your Content” shall mean any audio,
video, text, images or other material you choose to display on this
Website. With respect to Your Content, by displaying it, you grant Nali
LLC a non-exclusive, worldwide, irrevocable, royalty-free,
sublicensable license to use, reproduce, adapt, publish, translate and
distribute it in any and all media.
Your Content must be your own and must not be infringing on any third
party’s rights. Utterchic reserves the right to remove any of Your
Content from this Website at any time, and for any reason, without
notice.
5. No warranties
This Website is provided “as is,” with all faults, and Utterchic makes
no express or implied representations or warranties, of any kind
related to this Website or the materials contained on this Website.
Additionally, nothing contained on this Website shall be construed as
providing consult or advice to you.
6. Limitation of liability
In no event shall Utterchic , nor any of its officers, directors and
employees, be liable to you for anything arising out of or in any way
connected with your use of this Website, whether such liability is
under contract, tort or otherwise, and Utterchic , including its
officers, directors and employees shall not be liable for any indirect,
consequential or special liability arising out of or in any way related
to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent Utterchic from and against
any and all liabilities, costs, demands, causes of action, damages and
expenses (including reasonable attorney’s fees) arising out of or in
any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be unenforceable or invalid
under any applicable law, such unenforceability or invalidity shall not
render these Terms unenforceable or invalid as a whole, and such
provisions shall be deleted without affecting the remaining provisions
herein.
9. Variation of Terms
Utterchic is permitted to revise these Terms at any time as it sees fit,
and by using this Website you are expected to review such Terms on a
regular basis to ensure you understand all terms and conditions
governing use of this Website.
10. Assignment
Utterchic shall be permitted to assign, transfer, and subcontract its
rights and/or obligations under these Terms without any notification or
consent required. However, you shall not be permitted to assign,
transfer, or subcontract any of your rights and/or obligations under
these Terms.
11. Entire Agreement
These Terms, including any legal notices and disclaimers contained on
this Website, constitute the entire agreement between Utterchic and you
in relation to your use of this Website, and supersede all prior
agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the
laws of the State of Texas, and you submit to the non-exclusive
jurisdiction of the state and federal courts located in Texas for the
resolution of any disputes.