Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ALL OR PART OF OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITE OR SERVICES.
These Terms of Service ("Terms") apply solely to your access to, and use of, all or part of any website of Encounters Unlimited, LLC, ("Uencounter") including www.uencounter.me, www.uencounter.com, www.uencounterme.com, www.encountergram.com ("Site(s)").
Uencounter reserves the right to change or modify the terms and conditions contained in these Terms, our Community Rules or any policy or guideline of the Site or Services, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site or the Services will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply. If you do not agree to the amended terms, you must stop using the Site and the Services. Any use of the Site or Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site or Services.
If you have any questions regarding the use of the Site or Services, please refer to our About page and FAQ page. All other questions or comments about the Site or Services may be directed to Uencounter by emailing email@example.com.
Eligibility, Registration and Account
The Site and Services are not targeted towards, nor intended for use by, anyone under the age of 13. By accessing or using the Site or Services, you represent and warrant that you are 13 years of age or older. You also represent and warrant that you (a) are a resident of the United States or Canada; (b) are not a registered sex offender; (c) have not previously been suspended or removed from the Site or Services; and (d) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to create a profile on the Site, which lets you create content that may be seen by others and included with the content of other people, you will need to register for an account. You may create only one account, but will have the ability to enter multiple data points per account. You agree to (a)provide accurate, truthful, current and complete information when creating an account; (b)maintain and promptly update your account information; (c)maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d)promptly notify Uencounter if you discover or otherwise suspect any security breaches related to the Site; and (e)take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Fees & Payments
Basic membership at uencounter.me is free of charge to any and all registrants with ads imbedded on each page. Ad Free membership options are available for a fee. Uencounter.me also offers a "Partner Level" membership for a fee and includes features not available to any other membership level.
Access to all fee based services will cease at the end of the subscription period unless renewed by the user.
All subscriptions include the option to cancel during the first 7 days for a full refund of all monies collected. The 7 day period begins on the day that the registration became active and access to uencounter.me was allowed. All cancellation notices must be received by 5 pm on the 7th day of your subscription. Cancellation during this period may be accomplished by providing your full name and email address via email with a request to cancel to firstname.lastname@example.org.
Also, each member may cancel at any time (including within the 7 day initial account period) by choosing the "cancel my membership" option on the My Account page while logged into uencounter.me, and following the directions. All refunds will be returned via the same method that premium membership was initially paid.
On and after the 8th day from initial registration, your membership will be in effect through the end of the premium period originally purchased. [example: If you purchased an Ad Free membership (good for 12 months) - cancel at the end of the first month, your membership will remain in effect for 11 additional months.] No refund is made after the 7th day from registration and unused time is non-refundable.
Copyright and Limited License
Unless otherwise indicated, the Site, and all content and other materials on the Site or available through the Services, including, without limitation, the Uencounter logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Uencounter or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site, Services and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site, Services or the Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Uencounter, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Uencounter has adopted a policy of terminating, in appropriate circumstances and in Uencounter's sole discretion, users who are deemed to be repeat infringers. Uencounter may also, in its sole discretion, limit access to the Site and Services and / or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
"ENCOUNTERGRAM", "UENCOUNTER.ME", the Uencounter logos and any other product or service name or slogan contained in the Site or Services are trademarks of Uencounter and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Uencounter or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Uencounter" or any other name, trademark or product or service name of Uencounter without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and / or trade dress of Uencounter and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Uencounter or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Uencounter logo or other proprietary graphic of Uencounter to link to this Site without the express written permission of Uencounter. Further, you may not use, frame or utilize framing techniques to enclose any Uencounter trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Uencounter's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Uencounter or any third party.
Uencounter makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Site. Such sites are not under the control of Uencounter and Uencounter is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Uencounter and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Uencounter of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Advertisements and Promotions; Third-Party Products and Services
Uencounter may display advertisements and promotions from users and other third parties on the Site or Services or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Uencounter is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Uencounter advertisers or third party information on the Site or Services.
You agree to defend, indemnify and hold harmless Uencounter, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site or Services; (b) any User Content or Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site or Services. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY UENCOUNTER, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UENCOUNTER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE AND SERVICES. UENCOUNTER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE UENCOUNTER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, UENCOUNTER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL UENCOUNTER, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM UENCOUNTER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UENCOUNTER'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UENCOUNTER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO UENCOUNTER FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Modifications to Site or Services
Uencounter reserves the right to modify or discontinue, temporarily or permanently, the Site, the Services or any features or portions thereof without prior notice. You agree that Uencounter will not be liable for any modification, suspension or discontinuance of the Site, the Services or any part thereof.
Applicable Law and Venue
These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of Pennsylvania, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Chester County, Pennsylvania and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Uencounter, we can stop providing all or part of the Site or Services to you. Notwithstanding any of these Terms, Uencounter reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and Services, and to block or prevent your future access to, and use of, the Site and Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignments and Delegations
You may not assign or delegate any right or obligation under these Terms and any purported assignment or delegation thereof shall be ineffective. Uencounter may freely assign or delegate its rights and obligations under these Terms, in whole or in part, and may substitute, by way of unilateral notation, effective upon notice to you, Uencounter for any third party that assumes its rights and obligations under these Terms.