Terms of use

unooki.com Terms of Use Agreement January 1, 2014 From Here To Stardom Inc. operates unooki.com the next step of excellence towards the refinement of social networks, and how it should be molded and showcased. All impression is key, but the first one usually makes or breaks you and with that, you should always be portrayed in the highest manor. unooki.com is a social networking platform that allows Members to create a personal profiles online in order to find and communicate with others within there demographics or abroad. The services offered by unooki.com include any -branded unooki.com URL (the "unooki.com Website"), unooki.com messaging services (including, without limitation, instant messaging, private messaging, and email services), music and unooki.com video services, unooki.com developer services, unooki.com mobile services, and any other features, content, or applications offered from time to time by unooki.com in connection with From Here To Stardom Inc. business (collectively, the " unooki.com Services"). The unooki.com Services are hosted in the United States. From Here To Stardom Inc. (unooki.com) provides the following Services (defined below) you are subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at unooki.com. By accessing and using S unooki.com Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular unooki.com owned or operated services, and you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Unooki.com may also offer other services that are governed by different Terms of Service. whether you are a "Visitor" (which means that you simply browse the M Services, including, without limitation, through a mobile or other wireless device, or otherwise use the unooki.com Services without being registered) or you are a "Member" (which means that you have registered with unooki.com). The term "User" refers to a Visitor or a Member. You are authorized to use the unooki.com Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the unooki.com Services, you must indicate your acceptance of this Agreement during the registration process. 1. In consideration of your use of the unooki.com Services, you represent that you are unooki.com of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) Provide true, accurate, current and complete information about yourself as prompted by the unooki.com Service’s registration form (the "Registration Data") (b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or unooki.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, unooki.com has the right to suspend or terminate your account and refuse any and all current or future use of the unooki.com Services (or any portion thereof). (c) Unooki.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the unooki.com Services must create a unooki.com Family Account. When you create a Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the Family Account. By adding a child to your Account, you also give your child permission to access many areas of the unooki.com Services, including, email, message boards and instant messaging (among others). Please remember that the unooki.com Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the unooki.com Services areas and/or Content (as defined in Section 6 below) are appropriate for your child. 2. Terms. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the unooki.com Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. unooki.com may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, unooki.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the unooki.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, unooki.com reserves the right, in its sole discretion, to reassign or rename your profile URL. Unooki.com expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the unooki.com Services if unooki.com determines, in its sole discretion that you have violated this Agreement or pose a threat to, unooki.com its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18. 3. Fees. You acknowledge that unooki.com reserves the right to charge for any portion of the unooki.com Services and to change its fees (if any) from time to time in its discretion. If unooki.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). 4. Password. You will receive a password and account designation upon completing the Unooki.com Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Unooki.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Unooki.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section You agrees not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify unooki.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. 5. Use by Members. The unooki.com Services are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by unooki.com. Unooki.com reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the unooki.com Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the unooki.com Services, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. unooki.com reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the unooki.com Services. 6. Proprietary Rights in Content on unooki.com. 6.1 MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not are unooki.com entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the unooki.com Services. Unooki.com does not control the Content posted via the unooki.com Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the unooki.com Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will unooki.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the unooki.com Services. You agree to not use the unooki.com Services to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a unooki.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the unooki.com Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy); h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the unooki.com Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the unooki.com Services or servers or networks connected to the unooki.com Services, or disobey any requirements, procedures, policies or regulations of networks connected to the unooki.com Services, including using any device, software or routine to bypass our robot exclusion headers; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; m. "stalk" or otherwise harass another; and/or n. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that unooki.com may or may not pre-screen Content, but that and its unooki.com designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the unooki.com Services. Without limiting the foregoing, unooki.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by unooki.com or submitted to unooki.com including without limitation information in unooki.com Message Boards and in all other parts of the unooki.com Services. You acknowledge, consent and agree that unooki.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Yahoo!, its users and the public. You understand that the unooki.com Services and software embodied within the unooki.com Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by unooki.com and/or content providers who provide content to the unooki.com Services. You may not attempt to override or circumvent any of the usage rules embedded into the unooki.com Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the unooki.com Services, in whole or in part, is strictly prohibited 7. Content Posted. Please choose carefully the information that you post on, through or in connection with the unooki.com Services and that you provide to other Users. Your unooki.com profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other unooki.com Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and unooki.com assumes no responsibility or liability for this material. If you become aware of misuse of the unooki.com Services by any person or Linked Service, please click on the (Contact unooki.com) or the “Report Abuse” link at the bottom of the unooki.com Website pages. 7.1 unooki.com may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, content that in the sole judgment of unooki.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Unooki.com assumes no responsibility for monitoring the unooki.com Services for inappropriate Content or If at any time unooki.com chooses, in its sole discretion, to monitor the unooki.com Services, unooki.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 7.2 You are solely responsible for the Content that you post on, through or in connection with any of the unooki.com Services, and any material or information that you transmit to other Members and for your interactions with other Users. 8. Content& Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the unooki.com Services. unooki.com reserves the right to investigate and take appropriate legal action against anyone who, in unooki.com sole discretion, violates this provision, including, without limitation, removing the offending Content from the unooki.com Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to; Content that, in the sole discretion of unooki.com: 8.1 Patently offensive or promotes or otherwise incites racism, bigotry, hater or physical harm of any kind against any group or individual; 8.2 harass or advocates harassment of another person; bulling 8.3 exploit people in a sexual or violent manner; 8.4 contain nudity, excessive violence, or offensive subject matter or contain a link to an adult website; 8.5 solicit or are designed to solicit personal information from anyone under 18; 8.6 publicly posts information that poses or creates a privacy or security risk to any person; 8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; 8.9 the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming," or "spamming"; 8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 8.12 solicit or are designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users; 8.13 involve commercial activities and/or sales without prior written consent from unooki.com such as contests, sweepstakes, barter, advertising, or pyramid schemes; 8.14 include a photograph or video of another person that you have posted without that person's consent; 8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or 8.16 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person. The following are examples of the kind of activity that is illegal or prohibited on the unooki.com Website and through your use of the unooki.com Services. unooki.com reserves the right to investigate and take appropriate legal action against anyone who, in unooki.com sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to: 8.17 criminal or activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the unooki.com Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, unooki.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which unooki.com deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the unooki.com Services, you acknowledge that you will have caused substantial harm to unooki.com to ascertain. As a reasonable estimation of such harm, you agree , that the amount of such harm would be paid to unooki.com $150 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the unooki.com Services; 8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the unooki.com Services; 8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; 8.21 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the unooki.com Services other than your Content which you legally post on, through or in connection with the unooki.com Services; 8.22 providing or using “tracking” or monitoring functionality in connection with the unooki.com Services, including, without limitation, to identify other Users’ views, actions or other activities on the unooki.com Services; 8.23 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any unooki.com page via HTML/CSS or any other means; 8.24 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins; 8.25 interfering with, disrupting, or creating an undue burden on the unooki.com Services or the networks or services connected to the unooki.com Services; 8.26 impersonating or attempting to impersonate unooki.com or a unooki.com employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing); 8.27 for band, comedy, filmmaker and other profiles containing a player, unooki.com copying the code for your unooki.com Player and embedding it (or directing others to embed it) anywhere other than in your band profile on unooki.com. 8.28 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 8.29 selling or otherwise transferring your profile, your email address or URL; 8.30 using or distributing any information obtained from the unooki.com Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; 8.31 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the unooki.com Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by unooki.com posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose; 8.32 relaying email from a third party's mail servers without the permission of that third party; 8.33 using invalid or forged headers to disguise the origin of any Content transmitted to or through unooki.com computer systems, or otherwise misrepresenting yourself or the source of any message or Content; 8.34 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the unooki.com Website for the purposes of sending unsolicited or unauthorized material; 8.35 engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated through any manner that could be reasonably interpreted as coercive, incentives, misleading, malicious, or otherwise fraudulent; or 8.36 using the unooki.com Services in a manner inconsistent with any and all Applicable Law. 9. Protecting Copyrights and Other Property. Unooki.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is unooki.com’s policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send unooki.com Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the unooki.com Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Unooki.com’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent (at copyrig.) unooki.com provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact unooki.com Copyright Agent at the email address listed. 10. Third Party Linked Services. Linked Services created by third party developers may be available on, through or in connection with the unooki.com Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your profile unooki.com or shared with other Users on the unooki.com Services or which may link to your unooki.com account from outside of the unooki.com Services. Linked Services may use your unooki.com profile information, friends and/or other profile content on the Linked Service and share activity events between unooki.com and the Linked Service (depending on the features the Linked Service chooses to make available). When you engage with a third party Linked Service, you are interacting with the third party, not with unooki.com. Unooki.com does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Unooki.com is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). Unooki.com encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting. 11. Member Disputes. You are solely responsible for your interactions with other unooki.com users, third party developers or any other parties with whom you interact through the unooki.com Services and/or Linked Services. Unooki.com reserves the right, but has no obligation, to become involved in any way with these disputes. 12. Privacy. Use of the unooki.com Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 13. Disclaimers. unooki.com is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the unooki.com Services or Linked Services, by Users of the unooki.com Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of. In unooki.com addition unooki.com is not responsible for any damage, injury or loss caused by Users of the unooki.com Services or by any of the equipment or programming associated with or utilized in the unooki.com Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the unooki.com Services may contain links to other websites or services. unooki.com is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by unooki.com Inclusion of any linked website or service on the unooki.com Services does not imply approval or endorsement of the linked website or service by unooki.com when you access these third party sites and services, you do so at your own risk unooki.com takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the unooki.com Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Unooki.com is not responsible for the conduct, whether online or offline, of any User of the unooki.com Services or Linked Services. Unooki.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. unooki.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the unooki.com Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the unooki.com Services or Linked Services. Under no circumstances unooki.com shall be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the unooki.com Services or Linked Services, attendance at a unooki.com event, from any User Content posted on or through the unooki.com Services or Linked Services, or from the conduct of any Users of the unooki.com Services, whether online or offline. The unooki.com Services and Linked Services are provided "AS-IS" and as available and unooki.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Unooki.com cannot guarantee and does not promise any specific results from use of the unooki.com Services or Linked Services. 14. Limitation on Liability. IN NO EVENT SHALL unooki.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE UNOOKI.COM SERVICES OR LINKED SERVICES, EVEN IF UNOOKI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNOOKI.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UNOOKI.COM FOR THE UNOOKI.COM SERVICES DURING THE TERM OF MEMBERSHIP. 15. U.S. Export Controls. Software available in connection with unooki.com Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services unooki.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. 16. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and unooki.com agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the unooki.com Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT. 17. Indemnity. You agree to indemnify and hold unooki.com its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the unooki.com Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the unooki.com Services. This Agreement is accepted upon your use of the unooki.com Website or any of the unooki.com Services and is further affirmed by you becoming a Member. Your agreement with unooki.com will always include this Agreement at a minimum. Your access and use of certain unooki.com Services will require you to accept additional terms and conditions applicable to such certain unooki.com Services, in addition to this Agreement, and may require you to download Software or Content. The failure of unooki.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect unooki.com is a trademark of From Here To Stardom Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: unooki.com with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.