Ufulu Child
Terms and Conditions
Last Updated on May 28, 2016
Agreement Between User and ufuluchild.com
Welcome to ufuluchild.com. The ufuluchild.com website (the “Site”) is comprised of various web pages operated by Ufulu Child, it's owners and contributors. Ufuluchild.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ufuluchild.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 
Ufuluchild.com is an artist news and information and E-commerce (selling of products and services) Site. The purpose of the Site is to provide artist information for the following persons: Tenci, Sol Xprsn, and Ufulu Child. Such information pertains to current and new music, performances, merchandise, and other promotional information updates. The Site’s information updates are without limitation.
Privacy
Your use of ufuluchild.com is subject to Ufulu Child’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting ufuluchild.com, social media correspondence through ufuluchild.com, or sending emails to Ufulu Child constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Cancellations and Returns
Your use of ufuluchild.com is subject to Ufulu Child’s Return Policy. Please review our Return Policy, which also governs the Site and informs users of our cancellation and return practices.
Links to third party sites/Third party services
Ufuluchild.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Ufulu Child is not responsible for the contents of any Linked Site, including without any link contained in a Linked Site, or any changes or updates to a Linked Site. Ufulu Child is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ufulu Child of the site or any association with its operators.

Certain services made available via ufuluchild.com are delivered by third party sites and organizations. By using any product, service or functionality originating from ufuluchild.com domain, you hereby acknowledge and consent that Ufulu Child may share such information and data with any third party with whom Ufulu Child has a contractual relationship to provide the requested product, service or functionality on behalf of ufuluchild.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use ufuluchild.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ufulu Child that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. 

You may not use the Site for any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Ufulu Child or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. 

You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Ufulu Child and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ufulu Child or our licensors except as expressly authorized by these Terms.


Third Party Accounts
You may be able to connect your account to third party accounts. By connecting your Ufulu Child account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Ufulu Child from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ufulu Child Content accessed through ufuluchild.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Ufulu Child, its owners, officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ufulu Child in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Administration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitrators award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UFULU CHILD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

UFULU CHILD, IT'S OWNERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, COMPARATIVE OR CONTROVERSIAL NATURE, USEFULNESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. UFULU CHILD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL UFULU CHILD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT HAS UFULU CHILD OR ANY OF ITS SUPPLIERS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

ALTHOUGH YOU MAY FIND THE TEACHINGS, PRACTICES, DISCIPLINES, TECHNIQUES, EXAMPLES, ANECDOTES, INFORMATION, AND OTHER CONTENT IN OR RELATED TO THE SITE USEFUL, USE OF THE SITE CONSTITUTES AN UNDERSTANDING THAT NEITHER THE SITE OWNERS, UFULU CHILD, CONTRIBUTORS, NOR SUPPLIERS ARE ENGAGED IN PRESENTING ANY SPECIFIC FINANCIAL, TAX, CAREER, LEGAL, PSYCHOLOGICAL, EMOTIONAL, SPIRITUAL, HEALTH, OR WELLNESS ADVICE. NOR IS ANYTHING IN THE SITE AN ANALYSIS, RECOMMENDATION, SOLUTION, DIAGNOSIS, PROGNOSIS, OR CURE FOR ANY SPECIFIC CAREER, FINANCIAL, SPIRITUAL, PSYCHOLOGICAL, EMOTIONAL, HEALTH, OR WELLNESS CIRCUMSTANCE OR PROBLEM. EVERY PERSON HAS UNIQUE NEEDS AND CIRCUMSTANCES AND THIS SITE ALONG WITH ALL INFORMATION AND LINKS THEREIN DOES NOT TAKE THOSE INDIVIDUAL NEEDS AND CIRCUMSTANCES INTO ACCOUNT. USERS OF THE SITE SHOULD NOT RELY ON INFORMATION PROVIDED IN OR RELATED TO THE SITE FOR THEIR OWN SPECIFIC CIRCUMSTANCES, ISSUES, AND PROBLEMS. ANY PERSON EXPERIENCING FINANCIAL, CAREER, RELATIONSHIP, SPIRITUAL, HEALTH, OR WELLNESS CONCERNS, OR ANY ANXIETY, DEPRESSION, STRESS, HEALTH, WELLNESS, OR RELATIONSHIP ISSUES SHOULD CONSULT WITH A FINANCIAL OR TAX ADVISOR, CAREER COUNSELOR, MEDICAL DOCTOR, LICENSED PSYCHOLOGIST, LICENSED THERAPIST, OR OTHER APPROPRIATE QUALIFIED PROFESSIONAL BEFORE MAKING ANY DECISIONS AND/OR COMMENCING ANY NEW FINANCIAL PLAN OR TRANSACTION, CAREER STRATEGY, CHANGE IN RELATIONSHIPS, EXERCISE PROGRAM, LIFESTYLE CHANGE, DIET CHANGE, SPIRITUAL PRACTICE, OR FOLLOW ANY OF THE TEACHINGS, METHODS, SUGGESTIONS, AND OTHER INFORMATION DESCRIBED IN OR RELATED TO THE SITE. THE SITE IS NOT A SUBSTITUTE FOR YOU ENLISTING QUALIFIED PROFESSIONALS TO ASSIST WITH YOUR SPECIFIC CIRCUMSTANCES, ISSUES, AND PROBLEMS YOU MAY HAVE AT THE  TIME, NOW, OR IN THE FUTURE. UFULU CHILD, IT'S OWNERS, CONTRIBUTORS, AND SUPPLIERS DO NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE SITE OR THE INFORMATION RELATED TO OR CONTAINED HEREIN. FINANCIAL, HEALTH, CAREER, EMOTIONAL, PSYCHOLOGICAL, SPIRITUAL, AND/OR WELLNESS INFORMATION CHANGES FREQUENTLY AND THEREFORE INFORMATION RELATED TO AND CONTAINED IN THE SITE MAY BE OUTDATED, INCOMPLETE OR INCORRECT. STATEMENTS MADE ABOUT PRODUCTS OR SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. USE OF THE SITE DOES NOT CREATE AN EXPRESSED OR IMPLIED PHYSICIAN-PATIENT RELATIONSHIP OR ANY OTHER SUCH RELATED RELATIONSHIP. IN USING THE SITE, YOU AGREE THAT NEITHER UFULU CHILD NOR ANY OTHER PARTY IS OR WILL BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DECISION MADE OR ANY ACTION TAKEN OR ANY ACTION NOT TAKEN DUE TO YOUR USE OF ANY INFORMATION PRESENTED ON OR RELATED TO THE SITE.
Termination/Access Restriction
Ufulu Child reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ufulu Child as a result of this agreement or use of the Site. Ufulu Child’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ufulu Child’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ufulu Child with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforcement provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ufulu Child with respect to the Site. A printed version of this agreement and 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Ufulu Child reserves the right, in its sole discretion, to change the Terms under which ufuluchild.com is offered. The most current version of the Terms will supersede all previous versions. Ufulu Child encourages you to periodically review the Terms to stay informed of our updates. Ufulu Child welcomes your questions or comments regarding the Terms at support@ufuluchild.com.
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