TERMS OF USE

Dated: January 15, 2014

Welcome to this Web site (the “Web Site”) . Ultra Unlimited and its parent, subsidiary and affiliated entities, including those entities doing business under the name PublishThis (collectively “PublishThis,” “we,” “us,” or “our”), operate this Web Site to provide news data and information, related features and services. The terms and conditions set forth herein (the “Terms of Use”) constitute a legally binding agreement between PublishThis and you regarding the terms on which PublishThis offers you access to its Web Site.

Your Use of the Web Site is Governed by these Terms of Use. Please take a few minutes to review the Terms of Use. By accessing and using this Web Site, you agree to be bound by these Terms of Use and all applicable laws and regulations governing the Web Site. If you do not agree with any of these Terms of Use, you are not authorized to access or use this Web Site for any purpose.

Minors. If you are not of an age old enough to enter into contracts in your state (i.e., a “minor”), you need to review these terms and conditions with your parent or guardian before using this Web Site; if your parent or guardian does not agree with any of these Terms of Use as applied to you, then you are not authorized to access or use this Web Site for any purpose.

1. These Terms of Use May Change Without Prior Notice

PublishThis reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site. The last date these Terms of Use were revised is set forth above.

2. Notices of Restrictions on Your Use

The Web Site and all data and information and/or content that you see, hear or otherwise experience on or through the Web Site (the “Content”) belongs to Publish This, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Third party content is intended to be used on this Web Site in a legally-permissible manner; you may need third party licenses or permissions to use such content for other uses.

a. Restrictions on Use

You may use the Web Site and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you:

i. only use these copies of the Content for your own personal, non-commercial use; ii. do not copy or post the Content (including source code) on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web site; and iii. do not modify or alter the Content (including source code) in any way, or delete or change any copyright, trademark or other legal notice.

No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading, or as a result of your access to or use of any part of the Website. As between you and PublishThis, Publish This reserves complete title and full intellectual property rights in any Content you copy or download from this Web site.

You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Web Site, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the marks appearing throughout this Web Site without express written consent from the trademark owner.

b. Distributable Content

Notwithstanding the foregoing, certain Content may be made available on the Web Site for you to distribute or reproduce for limited purposes, subject to additional terms and conditions and restrictions, as may be specified on the Web Site. In no event shall such Content be used by you for any commercial purpose, and in no event shall you have the right to alter or modify such Content in any manner, or make any use of it other than as we specify in these Terms of Use or otherwise on the Web Site.

3. Disclaimer of Warranties

YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE WEB SITE,INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON. PublishThisMAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TOTHE WEB SITE. PublishThis EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OROTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE OR ANY INFORMATION ORCONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). PublishThis SHALL NOT BE LIABLE FOR ANYLOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE OR ANY INFORMATIONOR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TOEVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THEWEB SITE. PublishThis DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. PublishThis DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BYTHE WEB SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, AND THEINFORMATION OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

a. Specific Disclaimer For Downloading of Files

Publish This cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site, the accuracy of any information or content provided through the Web Site, or quality of any file used in conjunction with the Web Site is solely and exclusively with you, the user.

b. Specific Disclaimer for International Use

Publish This makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. Publish This makes no representation or warranty that the translations are complete and accurate and PublishThis, by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by PublishThis. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

4. Limitation of Liability

IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOURSOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NOCIRCUMSTANCES WILL PublishThis, ITS AFFILIATES OR ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO:

a. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION,AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR THE INFORMATION OR CONTENTPROVIDED THEREIN;

b. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, AND/ORINFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE;

c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR

e. ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF PublishThis HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PublishThis’SLIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENTSHALL THE TOTAL AGGREGATE LIABILITY OF PublishThis, ITS AFFILIATES OR ITS AND THEIR DIRECTORS, OFFICERS,EMPLOYEES AND AGENTS, TO ANY USER OR OTHER INDIVIDUAL FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROMTHESE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (i) THE AMOUNT, IFANY, PAID BY YOU TO PublishThis FOR YOUR USE OF THE WEBSITE, OR (ii) $100. All users understand and agree that (i) the mutual agreements made in this Section 4 reflect a reasonable allocation of risk, and (ii) the parties hereto would not have entered into these Terms OF USE without these limitations on liability.

5. Indemnification

You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless PublishThis, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Web Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Web Site or your use of the Content, any violation by you of this Agreement or any applicable law, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site through your user account.

6. Personal Information and Privacy Policy

Publish This may monitor, record, collect and use for any lawful purpose information generated through your use of the Web Site. PublishThis?s information collection and use policies with respect to the privacy of collected information are set forth in the Web Site?s Privacy Statement which is incorporated herein by reference for all purposes. Your obligations under these Terms of Use are in no way conditioned on PublishThis complying with the terms of our Privacy Statement. Click here to see the Web Site’s Privacy Statement.

7. User Conduct

You agree not to take any action that interferes with the proper working of the Web Site; imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure; might compromise the security of the Web Site; render the Web Site inaccessible to others; or otherwise cause damage to the Web Site or any Content contained on the Web Site. You agree not to add to, subtract from, or otherwise modify the Content on the Web Site except as expressly authorized by PublishThis in these Terms of Use or by a written agreement between you and PublishThis. On some parts of the Web Site, you may be able to upload, distribute, post or otherwise publish through the Web Site information, data, text, software, photographs, graphics, messages, or other material, post messages or express your comments on a given topic, or start a new topic to which others can respond (collectively, “User Material”), all subject to these Terms of Use. You agree not to upload, distribute, post or otherwise publish through the Web Site:

a. any User Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;

b. any libelous, defamatory, obscene, threatening, advertising, harassing, fraudulent, misleading, false, pornographic, abusive, or otherwise illegal or objectionable User Material;

c. any User Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;

d. any User 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; or

e. any User Material that harms minors in any way.

You further agree not to (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Web Site, or obtaining lists of users or other information from or through the Web Site, including, without limitation, any information residing on any server or database connected with the Web Site; (ii) attempt (or encourage or support anyone else?s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site, or any content thereof, or make unauthorized use thereof; or (iii) impersonate any other person or entity, whether actual or fictitious, including anyone from the Web Site or Publish This.

8. SUBMITTED MATERIALS

If you post any User Material on the Web Site, you represent and warrant to us that you have the legal right to post or submit such User Material, that you have the necessary permissions, consents, or licenses to post or submit the User Material, and that it will not violate any law or the rights of any person or entity. By posting User Material on the Web Site, you grant to PublishThis the royalty-free, irrevocable, perpetual, non-exclusive worldwide right and license to use, re-use, assign, sublicense, distribute, copy, reproduce, modify, adapt, publish, translate, display, perform, make, sell and export such User Material, and create derivative works from such User Material, in any and all media or technology now known or later developed, in any manner, in whole or in part, without any restriction or responsibilities or additional compensation or consideration to you or anyone else. Any information, creative works, ideas, suggestions, or other User Materials that you submit or send to us (including, for example and without limitation, that which you submit or post to our message boards or send to us via e-mail) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Web Site’s Privacy Policy . You also acknowledge and agree that you are solely responsible for the content of any of your messages or User Material that you submit on or through the Web Site. Nevertheless, we reserve the right to delete, move, or edit messages in our sole discretion. You agree that any User Material that you submit to the Web Site may be edited, removed, modified, published, transmitted, and/or displayed by PublishThis, and you waive any and all rights you may have with respect to the alteration, modification, or removal of your User Material. From time to time, we receive requests to disclose the identities of users who make content available to the Web Site. If applicable, we may disclose your identity pursuant to the Terms of Use, our Web Site Privacy Policyor applicable law.

By using the Web Site, you understand and agree that PublishThis is not responsible for the truth, completeness, objectivity or usefulness of any third-party materials appearing on or available through the Web Site (“Third Party Materials”), nor does PublishThis endorse any Third Party Materials. By viewing Third Party Materials, you assume the risk of believing or disbelieving or relying on any content contained therein. Although PublishThis has the right to do so, PublishThis generally does not, and assumes no obligation or duty to, screen, monitor, edit or review any Third Party Materials. You also acknowledge that portions of the Web Site may contain unedited materials, some of which may be sexually explicit or offensive to you. You access such materials at your own risk. PublishThis has no control over and accepts no responsibility whatsoever for such Third Party Materials.

9. General Provisions

a. Entire Agreement

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Publish This of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies

The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. No Endorsements of Links

Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by PublishThis of the third party, any third-party Web site, or the information contained therein. You acknowledge and agree that PublishThis is not responsible for the availability of any such Web sites and that PublishThis does not endorse or warrant, and is not responsible or liable for any such Web site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will Publish This be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.

d. Enforcement

Publish This has the right to investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Web Site and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, Publish This may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, Los Angeles, U.S.A., regarding any and all disputes relating to these Terms of Use, the Web Site Privacy Policy, your use of the Web Site, any other PublishThis Web site, or Content or Third Party Material contained therein.

e. Termination

We have the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Web Site or the Web Site?s services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms of Use, our policies or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

f. Claims of Copyright Infringement

In the event that you claim to be the copyright owner of any Content, you agree to immediately notify PublishThis of any claimed copyright infringement. You further agree to provide PublishThis’s copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:

i. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;

ii. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;

iii. identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Content;

iv. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf, including your address, telephone number, and email address;

v. a statement that you, the complaining party, have a good faith belief that the use of the Content in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and

vi. a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. PublishThis’s Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:

· sending an e-mail request to copyright or

· sending other correspondence to:

PublishThis
15303 Ventura Blvd – #1060
Sherman Oaks, CA 91403

Fax: 310-494-9440

g. Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforceable to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.

h. General Contact Information

If you have any questions about these Terms of Use, the practices of this Web Site, or your dealings with this Web Site, you may contact us by:

· sending an e-mail request to support or

· sending a letter via the U.S. Mail to:

PublishThis
15303 Ventura Blvd – #1060
Sherman Oaks, CA 91403

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