Terms of Use

1. Description of Services. Volantis Systems Ltd ("Volantis") provides certain mobilization and hosting services which are accessible under Volantis’ web site at www.ubik.com (“UBIK.com Site”). The mobilization and hosting services at the UBIK.com Site allows you to convert your personal web site to a mobile friendly site (“Web Site”). In addition, Volantis also offers an advertising revenue share service for your Web Site that you may choose to participate in. The mobilization, hosting and advertising revenue share services (collectively “Services”) shall be subject to these Terms of Use as set forth below.
2. Acceptance of Terms, Limited License. Volantis agrees to grant to you a limited and personal, nonexclusive, nontransferable, no charge license to access the UBIK.com Site and use the Services provided you agree to be bound by the terms and conditions of these Terms of Use, including the license and any applicable posted guidelines or instructions for the Services, which may change from time to time at the sole discretion of Volantis (collectively “TOU”). You are responsible for ensuring that you are aware of and abide by the most current version of the TOU. The most current version of the TOU will be available at the “Terms of Use” hypertext link located at the bottom of the UBIK.com Site. If you do not agree to the TOU, including any subsequent updates or modifications thereof, your sole recourse is to immediately discontinue use of the Services. Volantis reserves the right to update or modify the TOU, or modify, limit or discontinue the Services or access to the UBIK.com Site at any time for any reason.
3. Web Site Content.
   1. You represent and warrant that you own and/or have all appropriate rights and licenses to any and all content on your Web Site, including but not limited to any programs in source or object code form, advertisements, postings, messages, text, files, images, photos, video, audio, sounds, or any other materials (Content). You further represent and warrant that you have the right to grant Volantis the license rights to copy, publicly perform, publicly display, edit, translate, reformat, transmit, distribute, broadcast and supply the Content through the transmission and delivery methods by which the Content is distributed or made available by Volantis without infringement of any third party intellectual property right. You agree that Volantis does not control and is not responsible for any Content made available through the Services. The transcoding of the Content does not constitute or imply an endorsement, recommendation, advice, opinion or comment by Volantis, nor is an assurance of legality, quality or safety by Volantis.
   2. Volantis will not screen, monitor or approve any Content but Volantis, in its sole discretion, shall have the right (but not the obligation) to refuse, delete or move any Content for any reason, including violation of the TOU. Volantis will also disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request.
   3. If the Web Site and Content available through the Services contains links to other web sites, such linking to any other web site shall be at your own risk.
4. Conduct. You agree not to engage in any unlawful or unauthorized activity in connection with the Services. By way of example and not limitation, you agree not to make available Content that:
   • is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
   • harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
   • impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
   • includes personal or identifying information about another person without that person's explicit consent;
   • is false, deceptive, misleading, deceitful or constitutes "bait and switch";
   • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
   • advertises any illegal services or the sale of any items which are prohibited or restricted by applicable law;
   • employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services; or
   • violates any applicable laws or regulations.

   Additionally, you agree not to:

   • collect personal data about other users for commercial or unlawful purposes;
   • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Volantis. Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with Volantis’ robots.txt file, or “well-behaved” web services/RSS/Atom clients are permissible. Volantis shall, in its sole discretion, have the right to determine “well-behaved” web services;
   • transmit any worms or viruses or any code of a destructive nature;
   • attempt to gain unauthorized access to Volantis’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services or the UBIK.com Site;
   • copy or reproduce the UBIK.com Site or any portion thereof to any other server or location for further reproduction or redistribution; or
   • decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the UBIK.com Site or the Services.
5. Advertising Revenue Share Services. In order to enrol in Volantis’ advertising revenue share Services (“Advertising Services”), or to place any type of revenue or non-revenue advertisements on the Web Site, you must be the legal owner of the Web Site. You may enrol or opt-out of the Advertising Services at any time. The Advertising Services are currently provided by AdMob and you must comply with AdMob’s guidelines and requirements in order to receive any revenue share from the Advertising Services. You must also have a valid PayPal account to participate in the Advertising Services.
   Volantis shall not be responsible for:
   • Any cancellation of your AdMob site for any reason;
   • Invalid AdMob I.D.’s; or
   • Irregular displays of your publisher id on the Web Site
   AdMob pays publishers on a per-click basis for advertisements that a user clicks on. Volantis has no control over whether a user will click on a particular advertisement, or not. Payment under the Advertising Services are more fully described here.
6. Volantis’ Additional Rights to Restrict Services. Volantis additionally reserves the right with or without notice to restrict, modify or terminate any or all Services or remove or block the Content, in whole or in part, if, in Volantis’ sole judgment, use of the Services or the Content (i) presents a material security risk or will interfere materially with the proper continued operation of Volantis’ data center or related Services; (ii) violates applicable laws or governmental regulations, including without limitation consumer protection, securities regulation, child pornography, obscenity, data privacy, data transfer and telecommunications laws; (iii) may violate or infringe any intellectual property right of any party; (iv) violates export control regulations of the United States or other applicable countries; or (v) is subject to an order from a court or governmental entity stating that such use generally or for certain activities must stop.
7. Ownership of Intellectual Property. Volantis shall not obtain any ownership right, title, and/or interest in the Content. Volantis or its suppliers and licensors shall retain all ownership right, title to and/or interest in any and all intellectual and tangible property including, but not limited to, all equipment, products or software utilized by Volantis in connection with the Services.
8. Privacy and Information Disclosure. See Volantis’ Privacy Statement disclosures regarding your Content. The most current version of the Privacy Statement can be reviewed by clicking on the “Privacy Statement” hypertext link located at the bottom of the UBIK.com Site. Your access of the UBIK.com Site and/or use the Services signifies acknowledgment of and agreement to Volantis’ Privacy Statement.
9. Linking to the UBIK.com Site. You may create links to the UBIK.com Site from your Web Site, but only in accordance with the terms below. If you link to the UBIK.com Site, you:
   • may link to but not replicate the UBIK.com Site or any portion thereof;
   • may not imply that Volantis is endorsing your products or services;
   • may not misrepresent your relationship with Volantis;
   • may not present false information about Volantis or its Services; or
   • may not use any Volantis proprietary mark without permission.
10. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE UBIK.com SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK AND PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS ONLY. VOLANTIS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VOLANTIS DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF THE UBIK.com SITE OR SERVICES. VOLANTIS DOES NOT GUARANTEE THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF THE SERVICES OR THAT ITS EQUIPMENT, PRODUCTS, SOFTWARE, PROCEDURES AND SERVICES WILL PREVENT LOSS, ALTERATIONS OR UNAUTHORIZED ACCESS TO CONTENT HOSTED THROUGH A VOLANTIS FACILITY. VOLANTIS DOES NOT GUARANTEE THE ACCURACY, QUALITY, UPTIME, RESPONSE TIME OR ANY LEVEL OF SERVICE SUPPORT FOR YOUR WEB SITE AS TRANSCODED BY THE SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL VOLANTIS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS SHALL APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, RESTRICTION OR TERMINATION IN CONNECTION WITH THE UBIK.com SITE OR THE SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE OR ANY OTHER BASIS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. Notice and Procedure for Claims of Copyright Infringement.
    1. Any person may notify Volantis’ designated agent of any alleged claim of copyright infringement at:
       Email Address: mobilizersupport@ubik.com
    2. In order to have an effective notification of an alleged claim of copyright infringement, Volantis’ designated agent must receive the following information:
       • Identification of the copyrighted work claimed to have been infringed;
       • Identification of the material on the Web Site that is claimed to be infringing, with enough detail so that Volantis may locate it on the Web Site;
       • A statement that the person providing the notification has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
       • A statement by the person providing the notification declaring under penalty of perjury that (a) the above information in the notice is accurate, and (b) that the person providing the notification is the owner of the copyright interest involved or is authorized to act on behalf of that owner;
       • The address, telephone number, and email address of the person providing the notification; and
       • The physical or electronic signature of the person providing the notification.
    3. Upon receipt of an effective notice, Volantis will take appropriate action pursuant to the procedures outlined in Section 512 of Title II of the Digital Millennium Copyright Act (DMCA).
13. General. The TOU constitutes the entire agreement between you and Volantis and governs your access of the UBIK.com Site and use of the Services. The TOU and any and all disputes in connection with the TOU shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. The failure of Volantis to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.
14. Contact Information. If you have any questions about the TOU, Services, practices of the UBIK.com Site, or your dealings with the UBIK.com Site, please send your questions to info@ubik.com.