Legal / Agreement and Acknowledgment of Terms of Service
THE SERVICES PROVIDED BY UNIQUE UPTOWN MEDIA ARE PROVIDED ON A MONTH-TO-MONTH BASIS AND A 12 MONTH CONTRACT, WITH BONUS. THE AGREEMENT BETWEEN YOU AND UNIQUE UPTOWN MEDIA FOR THE USE OF THESE SERVICES WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS UNTIL CANCELED OR OTHERWISE TERMINATED BY YOU OR BY UNIQUE UPTOWN MEDIA. YOU WILL AUTOMATICALLY BE CHARGED EACH MONTH FOR THE SERVICES YOU HAVE SELECTED UNTIL THE USE OF THOSE SERVICES ARE CANCELED OR OTHERWISE TERMINATION. PAYMENT FOR UNIQUE UPTOWN MEDIA'S SERVICES ARE AUTOMATICALLY CHARGED EACH MONTH TO THE CREDIT CARD YOUR HAVE ON FILE WITH UNIQUE UPTOWN MEDIA. YOU MAY CANCEL YOUR SERVICES WITH UNIQUE UPTOWN MEDIA AT ANY TIME BY GIVING 30 DAYS’ ADVANCED NOTICE TO UNIQUE UPTOWN MEDIA . ONCE YOUR SERVICES HAVE BEEN TERMINATED, UNIQUE UPTOWN MEDIA WILL NOT CHARGE YOU FOR FUTURE, ONGOING SERVICES UNLESS AND UNTIL YOU REESTABLISH SERVICES WITH UNIQUE UPTOWN MEDIA . CANCELATION OF YOUR SERVICES MAY BE CARRIED OUT THOUGH YOUR ONLINE DASHBOARD BY CONTACTING UNIQUE UPTOWN MEDIA BY MAIL, E-MAIL, FAX, OR PHONE USING THE FOLLOWING CONTACT POINTS:
UNIQUE UPTOWN MEDIA INC.
100 N ATKINSON RD. SUITE 110 B
GRAYSLAKE, ILLINOIS 60030
FAX: (847) 223-0655
1. USE OF SERVICES / CUSTOMER RESPONSIBILITIES
1.1 You are fully responsible for the contents of your transmissions through our telephony/internet services (the "Services"). This applies to all services offered by UNIQUE UPTOWN MEDIA, to include voicemail, internet fax, CRM, live answering, and any other related service we offer. UNIQUE UPTOWN MEDIA, simply acts as a passive conduit for you to send and receive information of your own choosing. However, UNIQUE UPTOWN MEDIA reserves the right to take any action with respect to the Services that UNIQUE UPTOWN MEDIA deems necessary or appropriate in its sole discretion if UNIQUE UPTOWN MEDIA believes you or your information may create liability for UNIQUE UPTOWN MEDIA , compromise or disrupt the Services for you or other Customers, or cause UNIQUE UPTOWN MEDIA to lose (in whole or in part) the services of UNIQUE UPTOWN MEDIAS' ISPs or other suppliers. The Services make use of the telephone network and Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to both PSTN and Internet regulations, policies and procedures.
1.2 You agree that if you have any problems or questions regarding my service that you will contact UNIQUE UPTOWN MEDIA for assistance, and you agree not to dispute any charges from UNIQUE UPTOWN MEDIA unless you have already attempted to rectify the situation directly with UNIQUE UPTOWN MEDIA through direct written contact with UNIQUE UPTOWN MEDIA using the contact information supplied in this Agreement. You agree that any credits offered by UNIQUE UPTOWN MEDIA will not be refunded to my credit card, but will be applied to my account with UNIQUE UPTOWN MEDIA . You agree to inform UNIQUE UPTOWN MEDIA of any change (including expiration date) in my credit card information, which may be required in writing. You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify UNIQUE UPTOWN MEDIA promptly of any changes to this information as required to keep it current, complete and accurate. You guarantee and warrant that you are the legal cardholder for this credit card and that you are legally authorized to enter into this recurring billing agreement. You agree that termination of this recurring credit card authorization must be in writing to UNIQUE UPTOWN MEDIA , through use of written communication with UNIQUE UPTOWN MEDIA .
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of UNIQUE UPTOWN MEDIA Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services.
2. Disclaimer of Representations or Warranties
2.1 The documents, graphics and images published at this Web Site could include inaccuracies or typographical errors. Additionally, we reserve the right to modify the information contained in this Web Site without notice. We make no commitment, however, to update the information contained in this Web Site.
2.2 TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS WEB SITE AND ALL OF THE SERVICES PROVIDED BY UNIQUE UPTOWN MEDIA IN CONNECTION WITH OR AS DESCRIBED IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" “WHERE IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.3 This site may contain links to other Web Sites which are completely independent of this Web Site. We make no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions contained in any such linked Web Site, and any link to another Web Site shall not in any manner be construed as an endorsement by us of that Web Site, or of the products or services described therein.
2.4 Users of this Web Site should not rely upon opinions expressed at this Web Site when making business, financial, personal or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked Web Sites.
2.5 UNIQUE UPTOWN MEDIA has no control of the content of the information passing through the Services. UNIQUE UPTOWN MEDIA does not:
* Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
* Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account,
* Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
* Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
UNIQUE UPTOWN MEDIA reserves the right at all times to disclose any information as UNIQUE UPTOWN MEDIA deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
4. Limitation of Damages
IN NO EVENT SHALL UNIQUE UPTOWN MEDIA , ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (THE “RELEASEES”) BE LIABLE TO ANY PARTY FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, ARISING FROM OR ASSOCIATED WITH ANY USE OF THIS WEB SITE, USE OF THE RELEASEES’ SERVICES OR PRODUCTS, OR USE OF ANY OTHER LINKED WEBSITE. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belong to us. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web Site belong to their respective owners.
6.1 Except as expressly provided in clause 6.2, nothing contained in this Web Site shall be construed as conferring any license or right, expressly, by implication, by estoppels or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web Site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
6.2 You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute materials retrieved from this Web Site provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices.
7. Linking to this Web Site
You may provide links to this Web Site provided (a) you do not remove or obscure the copyright notice, or other notices on this Web Site, (b) you give us notice of such link by sending an e-mail to email@example.com , and (c) you discontinue providing a link to this Site if instructed to do so by us.
8. Governing Laws in Case of Dispute
10. Billing and Payments
10.1 I agree to provide my credit card as a recurring payment method and authorize the billing of my credit card account for both the initial invoice and subsequent monthly fees and usage fees (if applicable) Payment of first and last month's service plus any options and initial setup fee are required with the order. After the first month of service, fees will be automatically deducted from your credit card on a monthly basis. It is the customer's responsibility to maintain sufficient balance on credit card account to allow settlement of charges. Interruption of service will be experienced in the event that credit card account balance or prepayment balances are not maintained. Setup fees, custom programming fee and activation fees are non-refundable.
10.2 You hereby authorize Unique Uptown Media to charge the indicated credit card on a recurring, monthly basis as payment for services performed on my behalf. In the event of cancelation of service, You authorize Unique Uptown Media to subsequently charge your credit card for payment of all remaining unpaid charges for any services already performed on your behalf by Unique Uptown Media prior to cancelation.
10.6 Unpaid accounts over-due are subject to temporary disconnection and will be charged a $25 re-activation fee.
10.7 Long-distance or toll-free usage is billed at an industry standard 6 second increment billing and rounded up to the nearest penny on a per-call basis.
10.8 Due to the high costs of delivering excellent services and the remote nature of our clients, our answering services are billed in advance. While we offer limited and brief terms to our customers so that there is no interruption of service in cases where the usage exceeds the estimated and pre-paid amounts, it is agreed that the monthly invoice will be adjusted such that any deficit or unpaid usage will be settled and the pre-paid monthly service fee will be adjusted to compensate for the increased usage going forward.
10.11 You are responsible for paying all charges to your Account for Services, including but not limited to, long distance and directory assistance charges, regulatory (USF) Universal Service Fund fees and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Services.
10.12 Customer agrees that at any time Unique Uptown Media may require a security deposit to be placed on file for monthly base fees and usage charges. This deposit may be requested at any time during the contracted service dates between the Customer and Unique Uptown Media Inc.
10.13 It is prohibited for any subscriber or user of Unique Uptown Media’s products or services (collectively, the “services”) to solicit, collect, store, provide, or publish any personally identifiable healthcare information or protected health information (collectively referred to as “PHI”) about themselves or others by means of or through the use of Unique Uptown Media’s services or on any storage media hosted or maintained by Unique Uptown Media. It is understood and acknowledged that any such PHI solicited, collected, stored, provided, or published by any Unique Uptown Media subscriber or user of Unique Uptown Media’s services is a material violation of these TERMS and is grounds for immediate termination of a member or user’s privileges and/or permission to make use of Unique Uptown Media’s services. It is further agreed that any person, persons, or entity soliciting, collecting, storing, providing, publishing or otherwise transmitting PHI by means of or through the use of Unique Uptown Media’s services hereby releases Unique Uptown Media from any and all liability associated with the publication of said phi and agrees to unconditionally and completely identify and hold harmless Unique Uptown Media from any liability arising from the soliciting, collecting, storing, providing, publishing or otherwise transmitting of such PHI by means of Unique Uptown Media’s services.
11. Termination of services
11.1 Service may be cancelled by either Unique Uptown Media or by you at any time with 30 days’ advanced written notice. You may provide notice of cancelation of your Unique Uptown Media services by contacting Unique Uptown Media via mail, e-mail, fax, or telephone.
11.2 Unique Uptown Media reserves to right to terminate your services immediately and without advanced notice in the event that it determines, in its sole and reasonable discretion, that you have materially breached the terms of this agreement or that you have made use of the Unique Uptown Media services in a manner that is contrary to any applicable law or regulation of the United States of America or any of its political subdivisions.
12. Terms specific to use of services
12.1 By accepting these Terms of Service and by making use of Unique Uptown Media ’s services, you hereby authorize Unique Uptown Media to act as your answering service and to provide you with answering, messaging, and telecommunication services. You understand that your use of any service provided by Unique Uptown media constitutes acceptance of these terms and conditions. You authorize Unique Uptown Media to verify the information given on this application and to receive and exchange credit information concerning this account both now and in the future.
12.2 Service although reliable is not guaranteed: liability of interruption/quality of service shall be limited to a maximum of one month’s service fee.
12.3 Where and to the extent permissible by law, Unique Uptown Media reserves the right to audit all calls received and made by your account for continuous improvements to Unique Uptown Media 's services and staff development. You hereby agree to such call auditing and grant Unique Uptown Media permission to audit calls for training and quality control purposes.
12.4 Service is normally set up within 5 business days from the time we receive your completed signed billing authorization form and scripting instructions, but may take longer. Please note that invoices will be delivered to the email address specified with your order. It is your responsibility to maintain a valid email address on your account. For marketing purposes, either party may disclose the fact that an agreement exists between the parties for use of our services.
13. Limitations of liability
12.1 Our company makes no warranty, express or implied, with respect to the VoiceNation services offered hereunder, and disclaims any express or implied warranty of merchantability or fitness for a particular purpose or use with respect to such services.
13.2 We will use our best efforts to maintain uninterrupted service. We are not responsible for uncompleted or irretrievable messages or beeps as a result of power and/or equipment failure.
13.3 In addition, because damages cannot be calculated in advance, customer agrees that the maximum liability for actual proven damages for any cause whatsoever, including but not limited to, any failure or disruption of services provided hereunder, regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to the charges payable by customer under this agreement for the services during the period such damages occur.
13.4 In no event shall we be liable in excess of one (1) month's basic service charges, excluding usage fees, and in no event shall we be liable for any special or consequential damages.
13.5 Customer agrees that these limitations of liability are reasonable under the circumstances existing as of the execution date of this Agreement.
13.6 We have the right to refuse or cancel service to anyone who uses the services provided hereunder for obscenities, illegal activities, harassment or who interferes with or harasses our company, other VoiceNation customers, or our partners.
13.7 While it is our desire to maintain advertised message storage capacities and time values at all times, they may be changed without notice whenever necessary to maintain the overall integrity of the computer systems and to prevent the interruption of services.
13.8 Our company offers its services for "normal and customary" business use. We do not offer services for all types of use. We do not accept customers who receive large call volume, especially in a short time frame, unless a separate written agreement is in place for high volume use. One such example is direct response for radio and television advertising. In the event a subscriber's line receives large call volume, we may, at our sole discretion, take any and all measures we consider appropriate to maintain the integrity of our systems and the service we provide to other customers. Such measures may include, but not be limited to: limiting the number of calls the subscriber's service may receive at any one time, changing the greeting on the mailbox and/or disconnecting the service. "Large call volume" will be solely determined by Unique Uptown Media or by the specific provider of Unique Uptown Media Services when contracted to a third party provider.
Unique Uptown Media Inc. (" Unique Uptown Media”) is committed to protecting your privacy and developing technology that gives you a powerful and safe online experience. By using the Unique Uptown Media web site, you consent to the data practices described in this statement.
What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
Collection of your Personal Information
Unique Uptown Media collects personally identifiable information, such as your e-mail address, name, home or work address, or telephone number. Unique Uptown Media also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by Unique Uptown Media . This information can include: your IP address, browser type, domain names, access times and referring web site addresses. This information is used by Unique Uptown Media for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Unique Uptown Media public message boards, this information may be collected and used by others.
Unique Uptown Media encourages you to review the privacy statements of web sites you choose to link to from Unique Uptown Media so that you can understand how those web sites collect, use, and share your information. Unique Uptown Media is not responsible for the privacy statements or other content on web sites outside of the Unique Uptown Media web site.
Use of your Personal Information
Unique Uptown Media collects and uses your personal information to operate the Unique Uptown Media web site and deliver the services you have requested. Unique Uptown Media also uses your personally identifiable information to inform you of other products or services available from Unique Uptown Media and its affiliates. Unique Uptown Media may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Unique Uptown Media does not sell, rent or lease its customer lists to third parties. Unique Uptown Media may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party, without your permission. In addition, Unique Uptown Media may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Unique Uptown Media , and they are required to maintain the confidentiality of your information.
Unique Uptown Media does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Unique Uptown Media keeps track of the Web sites and pages our customers visit within Unique Uptown Media , in order to determine which Unique Uptown Media services are the most popular. This data is used to deliver customized content and advertising within Unique Uptown Media to customers whose behavior indicates that they are interested in a particular subject area.
Unique Uptown Media will disclose your personal information without notice only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Unique Uptown Media or the site; (b) protect and defend the rights or property of Unique Uptown Media ; and, (c) act under exigent circumstances to protect the personal safety of users of iUnique Uptown Media, or the public.
Contests and Promotions
On various occasions, Unique Uptown Media sponsors contests, surveys or promotions or allows other companies to sponsor contests or promotions on our site. In order to enter a contest or promotion, you would be asked to provide personally identifiable information. For all contests and promotions sponsored by Unique Uptown Media , the information you submit will be treated in the same way we would treat your new member information.
If a promotion is sponsored by a third party, then it will clearly indicate who is collecting the personal information, and you will be given an opportunity to volunteer your information where you will have a choice whether to disclose your personally identifiable information to third parties. These third parties may have their own policies for handling personal information, and information you submit will be subject to those policies. Although VoiceNation encourages third parties to adhere to appropriate privacy standards and policies, we are not responsible for the actions or policies of such parties.
Our Sponsors and Business Partners
Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to our site. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what personal data we have about you, if any.
Change/correct any personal data we have about you.
Have us delete any personal data we have about you.
Express any concerns regarding our use of your personal data.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can be do by emailing our Customer Service Desk.
Users of our site are notified wherever possible in the event that their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
The Unique Uptown Media web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Unique Uptown Media .com pages, or register with Unique Uptown Media .com, a cookie helps Unique Uptown Media to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Unique Uptown Media .com web page, the information you previously provided can be retrieved, so you can easily use the Unique Uptown Media .com features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the uniqueuptownmedia.com services or web sites you visit.
Security of your Personal Information
Unique Uptown Media takes commercially reasonable steps to secure your personal information from unauthorized access, use or disclosure. Unique Uptown Media secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Changes to this Statement
Unique Uptown Media will occasionally update this Statement of Privacy to reflect company and customer feedback.Unique Uptown Media encourages you to periodically review this Statement to be informed of how Unique Uptown Media is protecting your information.
Unique Uptown Media welcomes your comments regarding this Statement of Privacy. If you believe that Unique Uptown Media has not adhered to this Statement, please contact Unique Uptown Media
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