TERMS OF USE AGREEMENT

Friend a Gorilla is a conservation program established by the Uganda Wildlife Authority (“UWA”) to promote and educate the world about Uganda's mountain gorillas.

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and UWA and its affiliated entities (collectively, “UWA” or “we” or “us” or “our”), concerning your access to and use of the www.friendagorilla.org website as well as any other media form or media channel related or connected thereto (collectively, the “Website”). The Website allows users to view information concerning UWA activities, participate in our Friend a Gorilla program, purchase merchandise and participate in other activities offered through the Website from time to time (“UWA Services”).  

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT UWA MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE UWA SERVICES OR THE WEBSITE.

SOFTWARE

The UWA Services may include software for use in connection with the UWA Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then UWA grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the UWA Services and in accordance with these Terms of Use.

USER REPRESENTATIONS

Regarding Your Registration

By using the UWA Services, you represent and warrant that:

a.    all registration information you submit is truthful and accurate;

b.    you will maintain the accuracy of such information;

c.    you will keep your password confidential and will be responsible for all use of your password and account;

d.    you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and

e.    your use of the UWA Services does not violate any applicable law or regulation.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UWA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UWA has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

Regarding Content You Provide

You are entirely responsible for the content of, and any harm resulting from, your postings to the interactive portions of the Website (“Contribution”). When you create or make available a Contribution, you thereby represent and warrant that:

a.    the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

b.    you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize UWA and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

c.    your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

d.    your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by UWA), libelous or slanderous, does not advocate the violent overthrow of any government, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

e.    your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;

f.     if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;

g.    your Contribution does not violate any state or federal law designed to regulate electronic advertising;

h.    your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;

i.      your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on UWA’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

j.     your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

k.    your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

l.      your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by UWA in its sole discretion.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to UWA an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels for the purpose of publishing and promoting your Contributions in connection with services offered or to be offered by UWA. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed. By uploading your Contributions, you hereby warrant that your Contributions are free of any digital rights management, including any software designed to limit the number of times the Contributions may be copied or played. You may remove Contributions from the Website at any time, however this feature might not be available for all Contributions. UWA may retain archived copies of your Contributions. UWA does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

UWA has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the UWA Services ("Submissions") provided by you to UWA are non-confidential and UWA (as well as any designee of UWA) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PURCHASES AND REFUND POLICY

 

Contributions for participation in our Friend a Gorilla program are non-refundable. Merchandise purchased through the Website may be returned for a refund within thirty (30) days of purchase. Return postage will be your responsibility. Please contact us for instructions for returning merchandise.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which UWA makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by UWA. Prohibited activity includes, but is not limited to:

a.    criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

b.    advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by UWA;

c.    systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from UWA;

d.    making any unauthorized use of the UWA Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;

e.    engaging in unauthorized framing of or linking to the Website;

f.     transmitting chain letters or junk email to other users;

g.    using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

h.    engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;

i.      interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

j.     attempting to impersonate another user or person;

k.    using the username of another user;

l.      selling or otherwise transferring your profile;

m.  using any information obtained from the Website in order to harass, abuse, or harm another person;

n.    using the UWA Service as part of any effort to compete with UWA or to provide services as a service bureau;

o.    deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;

p.    attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

q.    harassing, annoying, intimidating or threatening any UWA employees or agents engaged in providing any portion of the UWA Services to you;

r.     displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;

s.    deleting the copyright or other proprietary rights notice from any Contribution or UWA Content; and

t.     using the Website in a manner inconsistent with any and all applicable laws and regulations.

Non-commercial Use by Users

The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors, unless expressly authorized by UWA. Organizations, companies, and/or businesses may not become users and should not use the Service or the Website for any purpose, unless expressly authorized by UWA. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress, in UWA’s discretion.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website (“UWA Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to UWA, and are subject to copyright and other intellectual property rights under international laws and international conventions. UWA Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All UWA graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of UWA. UWA's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of UWA. UWA Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from UWA is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the UWA Content and to download or print a copy of any portion of the UWA Content to which you have properly gained access solely for your personal, non-commercial use. UWA reserves all rights not expressly granted to you in and to the Website and UWA Content and Marks. If you download or print a copy of the UWA Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any UWA Content or enforce limitations on use of the Website or the UWA Content therein.

THIRD PARTY WEBSITES AND CONTENT

 

The Website contains (or you may be sent through the Website or the UWA Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and UWA takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

UWA reserves the right but does not have the obligation to:

a.    monitor the Website for violations of this Agreement;

b.    take appropriate legal action against anyone who, in UWA’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

c.    in UWA’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any UWA policy;

d.    in UWA’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to UWA’s systems;

e.    terminate the accounts of repeat infringers; and

f.     otherwise manage the Website in a manner designed to protect the rights and property of UWA and others and to facilitate the proper functioning of the Website.

PRIVACY

We care about the privacy of our users. Please review the UWA Privacy Policy. By using the Website or the UWA Services, you are consenting to the terms of Privacy Policy.

PROVISIONS FOR ADVERTISERS

You can target specific audiences by buying ads on the Website. These additional terms apply to you if you place an order for ads on the Website (“Order”). When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid, if applicable. If we accept your Order, we will deliver your ads as inventory becomes available. You will pay for your Orders in accordance with our payment terms in effect at the time of your Order. The amount you owe will be calculated based on our tracking mechanisms. Your ads must comply with our advertisement guidelines in effect at the time of your Order. Unless otherwise agreed with us, we will determine the size, placement, and positioning of your ads. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. You will not offer any contest or sweepstakes without our prior written consent. If we consent, you take full responsibility for the contest or sweepstakes, and will follow our applicable guidelines in effect at the time of the Order and all applicable laws. You can cancel your Order at any time through our online portal, but it may take several days before the ad stops running, during which period the applicable charges will continue to accrue. Please contact us for information on the current expected lag time from early termination to cessation of an ad running. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it. We can use your ads and related information for marketing or promotional purposes. You will not issue any press release or make public statements about your relationship with UWA without written permission. We may reject or remove any ad for any reason.  If you are placing ads on someone else's behalf, you warrant that you have permission to place the ads and you will be primarily responsible for the payment due for such ads. Additionally, if you fail to make any such payments, we may seek payment directly from the advertiser. You and the advertiser, jointly and severally, agree to defend, indemnify and hold harmless UWA from and against any claims, actions, proceedings, liabilities, costs, expenses (including attorneys’ fees) and damages arising from or relating to any ads you place on the Website. You warrant that you have the legal authority to bind the advertiser to this provision. You agree that if the advertiser you represent violates this provision, we may hold you responsible for that violation.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, UWA RESERVES THE RIGHT TO, IN UWA’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE TO AND THE UWA SERVICES, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND UWA MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE UWA SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN UWA’S SOLE DISCRETION.

In order to protect the integrity of the Website and UWA Services, UWA reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website UWA Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

MODIFICATIONS

To Agreement

UWA may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the UWA Services after any such modification is posted on the Website. UWA may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. Modifications to this Agreement shall be effective when posted but shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

To Services

UWA reserves the right at any time to modify or discontinue, temporarily or permanently, the UWA Services (or any part thereof) with or without notice. You agree that UWA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the UWA Services.

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, 

 you understand and agree that UWA is under no obligation to become involved. In the 

 event that you have a dispute with one or more other users, you hereby release UWA, its 

 officers, employees, agents and successors in rights from claims, demands and damages 

 (actual and consequential) of every kind or nature, known or unknown, suspected and 

 unsuspected, disclosed and undisclosed, arising out of or in any way related to such

 disputes and/or the UWA Services.
 

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. UWA reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

UWA cannot control the nature of all of the content available on the Website. By operating the Website, UWA does not represent or imply that UWA endorses any blogs, Contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites, or that UWA believes Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any Contributions. UWA is not responsible for the conduct, whether online or offline, of any user of the Website or UWA Services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND UWA SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UWA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE UWA SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UWA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. UWA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UWA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

UWA reserves the right to change any and all content, software and other items used or contained in the Website and any UWA Services offered through the Website at any time without notice.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL UWA OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR UWA SERVICES, EVEN IF UWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UWA’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 UWA FOR THE UWA SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING, BUT IN NO EVENT SHALL SUCH AMOUNT BE LESS THAN $100.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 

INDEMNITY

You agree to defend, indemnify and hold UWA, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, use of the UWA 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 above. Notwithstanding the foregoing, UWA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify UWA, and you agree to cooperate, at your expense, with UWA’s defense of such claims. UWA will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

SWEEPSTAKES

MISCELLANEOUS

This Agreement constitutes the entire agreement between you and UWA regarding the use of the UWA Services. The failure of UWA 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. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. UWA may assign any or all of its rights and obligations to others at any time. UWA shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond UWA's reasonable control.  If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

CONTACT US 
 

In order to resolve a complaing regarding the UWA, 

or to receive further information regarding 

 use of the UWA Services, please contact UWA as set forth below or, if any complaint with us is 

 not satisfactorily resolved, and you are a California resident, you can contact the Complaint 

 Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in 

 writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.