TERMS

BY USING OR ACCESSING THIS WEBSITE, YOU ACCEPT AND AGREE TO ALL APPLICABLE LAWS AND REGULATIONS, REGARDLESS OF LOCATION.

Upon access to http://www.uglyducklingdiaries.com/ (herein referred to as "Website") which is owned and operated by A Taiwo Project, also known as Ugly Duckling Diaries (herein referred to as "Ugly Duckling Diaries", "us" or "we"); whom, has an established legal address within the State of California where this Website is owned, governed and maintained.  A User whom accesses this Website agrees to the Terms of Use Policy and any other posted policy within the Website. 

ACCEPTANCE OF TERMS

The terms set forth within this legally binding, Terms of Use, pertain to the use of the Website and any subpages (not including third party links).   Any User of this Website agrees to be responsible for compliance with any applicable jurisdiction whether it be local, state, federal, and international laws simply by accessing the Website.  If you do not agree with any of the terms, Users are prohibited from using or accessing the Website, and are required to log off immediately.  The Materials contained in this Website are registered and protected by applicable copyright and trademark laws.

CHANGES

Periodically changes to the Website, Terms of Use, or any other policy on our Website may take place without notice, and Users are responsible for checking such policies periodically for revisions.  All amended terms become effective upon being posted to the Website, and any use of the Website after such revisions have been posted signifies the User consents to the changes.  It is the Users responsibility to review the terms and all other policies prior to accessing the Website.

AGE REQUIREMENTS

Users of this Website must be at least 18 years old and agree to all terms within this policy.  In the event a minor under the age of 18 years old, but at least 13 years old wishes to utilize the Website, it must be under the direct supervision of a parent or legal guardian.  That parent or legal guardian shall be liable for any wrongdoing or damages occurred by such minor.  Children under 13 years old may not access this Website for any reason; regardless if its with or without parental or guardian supervision. 

USE OF MATERIALS

Ugly Duckling Diaries provides all Materials and information within its Website with full Copyright Ownership.  Users acknowledge any usage of the information and Materials is the Users sole responsibility, and Ugly Duckling Diaries or its affiliates hold no liability for such fraudulent usage of its Materials.  This includes, but is not limited to web content, articles, blog, email correspondences, or any other written content ('Materials'), and are provided only for informative purposes.  We use a diverse range of information, text, photographs, designs, graphics, images and other Materials and effects on the Website.  Users are prohibited from data mining, scraping, crawling, or using any process that sends automated queries to or from the Website.   

Users are prohibited from using the Website to compile a collection of listings, including a competing list for products or services.  Users are prohibited from using the Website or any of its Materials for any unsolicited commercial e-mail listings and is strictly a violation of usage terms.  Users are not granted a license under any copyright, trademark, patent or other intellectual property rights in the Materials or the products, services, processes or technology described therein.  All such rights are retained by Ugly Duckling Diaries.

Ugly Duckling Diaries and all its affiliates will not be held responsible for any direct, indirect, incidental, special, exemplary or consequential damages of any kind whatsoever as a result of, or relating to, the use of this Website, other websites or resources linked to or accessed through this Website.  Furthermore, Ugly Duckling Diaries shall not be held responsible for any and all claims, liabilities, losses, business interruption, or other data, cost and expenses (including attorney fees) resulting from the use of any and all Materials found on this Website.

Any unauthorized or prohibited use of Materials may subject the user to civil liability and criminal prosecution under applicable federal, state and international laws.  In the event illegal use is conducted the User shall be held liable, while Ugly Duckling Diaries and its affiliates, hold no responsibility for User actions and cooperate with the law regarding any investigation requests. 

Ugly Duckling Diaries has exclusive rights to our: Name; Logo; Design Marks; Slogans; Service Marks; Images; Blog Writings; and Quotes.  If Users do not agree to the Terms above or herein, please do not use this Website.  Furthermore, violations of the Terms (including use of Materials) are considered a breach of intellectual property rights as well as copyrighted Materials.  All other trademarks and service marks herein are the property of their respective owners.  All copies that you make of the Materials on this Website must include any copyright, trademark or other proprietary notice located on the Website that pertains to the Material being copied.  Users are not authorized to use any names or marks in any advertising, publicity or in any other commercial manner without prior written consent of Ugly Duckling Diaries.  

LIMITATION OF USE

Ugly Duckling Diaries agrees to provide a professional, industry specific Website to its Users; however, Users must agree to not "Abuse" the Website.  

"Abuse" includes, without limitation, using the Website to:

  • Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law;

  • Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses;

  • Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting Materials or software;

  • Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark;

  • Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information;

  • Download or upload files that are unlawful to distribute through the Website;

  • Interfere with or disrupt the Website, servers or networks connected to the Website, including attempting to interfere with the access of any other User, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” the Website;

  • Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process, computer systems or otherwise, create unreasonable load upon any of computer hardware, network, storage, input/output or electronic control devices or infrastructure;

  • Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website;

  • Falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another; and/or

  • Violate this Agreement in any other manner.

HOW WE MAY USE INFORMATION YOU PROVIDE TO US

Please do not send us any confidential or proprietary information unless requested by us.  Any Material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, or ideas which Users or Contributors of content send to us shall be treated as being non-confidential and non-proprietary.  Ugly Duckling Diaries assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and shall be free to reproduce, use, and distribute the information to others without restriction.  Ugly Duckling Diaries shall be free to use any ideas, concepts, know-how or techniques contained in information that Users send to us for any purpose including, but not limited to developing, manufacturing, or marketing products and services incorporating such information.

NO ENDORSEMENTS MADE

Ugly Duckling Diaries do not represent the accuracy, legality, legitimacy, validity or reliability of any information, products, services, or other promotions or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, or accessed from the Website (including User blog postings and comments). 

References made regarding any names, marks, products or services of third parties or hypertext links to third party websites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other Materials displayed, purchased, or obtained by a User as a result of an advertisement or any other information or offer in or in connection with our Website. 

Links to external internet websites may from time to time be provided within the content of this Website as a convenience to Users.  The listing of an external website does not imply endorsement of the website, and no representations regarding the availability and performance of any websites to which we provide links to.  If a User decides to click on advertiser banners, sponsor links, or other external links, the Users' browser may automatically direct the User to a new browser window that is not hosted or controlled by Ugly Duckling Diaries.  Therefore, Ugly Duckling Diaries and its affiliates are not responsible for the content, functionality, or technological safety of those external websites. 

INDEMNITY

Users agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by the User and/or of these terms.

LIMITATION OF LIABILITY

Ugly Duckling Diaries is not reliable for direct, indirect, special, incidental, or consequential damages arising from the use of services or the Website.  Users expressly understand and agree that Ugly Duckling Diaries and its subsidiaries, affiliates, employees, agents, partners and licensors shall not be liable to Users for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.  Even if Ugly Duckling Diaries has been advised of the possibility of such damages resulting from use of the Website, its content or any related services, the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.

IN NO EVENT SHALL UGLY DUCKLING DIARIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF

  1. ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE; OR

  2. THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES.

NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.

DISCLAIMER OF SECURITY & WARRANTY

Ugly Duckling Diaries only utilizes secure technology including software to ensure User personal information is secure; however, the general use of the internet is a risk within itself and Users need to use reasonable caution when making decisions regarding any internet use in general.  Ugly Duckling Diaries cannot assure Users that personal data information shall not be decrypted, intercepted or stolen by any other means, and so Ugly Duckling Diaries is not liable for such personal information being decrypted, intercepted, or stolen and any damages the User sustains due to any breach. Any use of the Ugly Duckling Diaries Website, reliance upon any Materials, and any use of the internet in general shall be at the Users own risk.  Ugly Duckling Diaries denies any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability of information or Materials displayed within the results.  Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO THE INFORMATION CONTAINED IN THIS WEBSITE.  ALL SUCH INFORMATION, ARE PROVIDED "AS IS" FOR INFORMATION PURPOSES ONLY WITHOUT REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

GENERAL TERMS

These terms are governed by and construed in accordance with the State of California.  By accessing our Website, Users consent to being subject to the jurisdiction of California, regardless of physical location.  Users are thoroughly responsible for compliance with other applicable laws within the Users own jurisdiction.  If for any reason a court of competent jurisdiction finds any provision or portion of the terms to be unenforceable, the remainder of the terms will continue to be in full force and effect.

Users agree that Ugly Duckling Diaries may monitor Website content periodically and make changes as needed when Ugly Duckling Diaries deems appropriate; however, Users are to be aware that we must comply with any necessary laws, regulations or governmental requests; and protect ourselves along with our Users.

If Users have any questions or concerns regarding this Website please contact hello@uglyducklingdiaries.com.

Last updated February 19, 2015.