URDB TERMS OF USE

Effective Date: 11/15/2008

Last Updated: 4/1/2009

Welcome to the Universal Record Database. URDB.com and URDB.org (the "URDB sites") are operated by Universal Record Database, LLC (collectively referred to as "URDB," "it," "its," or "we"). By accessing or using URDB, you (also referred to as the "User" or "your") agree that you are of legal age to form a binding contract, you are an emancipated minor, or you possess legal parental or guardian consent, and that you have read, understand, and agree to be bound by the following terms and conditions ("Terms of Use"). These Terms of Use apply to all users of the URDB sites and supersede any prior agreements between you and URDB, including, but not limited to, any prior Terms of Use. If you do not agree to be bound by these Terms of Use, you should leave URDB immediately. URDB reserves the right to periodically modify these Terms of Use without any notice in any manner, including, but not limited to, revising, adding, or removing portions or the entirety of these Terms of Use. Any modification is effective upon the posting of the modified Terms of Use on the URDB sites by Universal Record Database, LLC. Your continued use of the URDB sites indicates that you have read, understand, and agree to be bound by the modified Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY AND FREQUENTLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.

These Terms of Use, and any rights and licenses granted within these Terms of Use, may not be transferred or assigned by you, but may be transferred or assigned by URDB without restriction.

1. DESCRIPTION OF SERVICE

URDB is an Internet-based service that permits users to view world records and submit their own world records. URDB may contain advertisements, which are necessary to continue providing URDB's services. URDB is not responsible for third party advertisements or third party applications that are posted on the URDB sites, nor is it responsible for the products provided by its advertisers.

2. MODIFICATIONS TO SERVICE

URDB reserves the right to modify or terminate the URDB sites for any reason at any time, temporarily or permanently, without prior notice. This includes, but is not limited to, the sale of URDB to another entity. You agree that URDB will not be liable to you for any modification or termination of the URDB sites.

3. TERMINATION

URDB reserves the right, in its sole discretion, to refuse service to anyone, temporarily or permanently, at any time. You agree that any termination of your ability to use URDB, including, but not limited to, the termination of your permission to use the URDB sites, may occur without prior notice. You also agree that any world records you hold on the URDB sites (your "Records") may be repealed without prior notice. Furthermore, URDB reserves the right, at its sole discretion, to reject a User's Record submission, at any time and for any reason without prior notice.

YOUR PERMISSION TO USE THE URDB SITES AUTOMATICALLY TERMINATES IF YOU VIOLATE ANY OF THESE TERMS OF USE. ANY RECORDS YOU HOLD MAY BE REPEALED AT ANY TIME IF URDB SUSPECTS THAT YOU ARE NOT COMPLYING WITH THESE REQUIREMENTS.

4. ELIGIBILITY

Access and use of URDB is void where prohibited. By accessing and using URDB, you agree that:

You are responsible for knowing and complying with all applicable rules regarding Internet use, including, but not limited to, local laws and regulations relating to acceptable on-line conduct and content;
You will not use URDB or any aspect of URDB for any unlawful purpose or in any manner that violates these Terms of Use;
You are at least 18 years of age, or if you are younger than 18 years of age, you have parental permission to use the URDB sites. If you are younger than 13 years of age, your parent may need to provide verifiable parental consent in order for you to use certain features of the site, such as submitting Records, which URDB will obtain at the time you attempt to use those features;
All information, including, but not limited to, personal information and information relating to Records, that you submit to URDB is truthful, accurate, and complete; and
You will maintain the truthfulness, accuracy, and completeness of all information, including, but not limited to, personal information and information relating to Records, submitted to URDB. This includes, but is not limited to, promptly notifying URDB if any information, including, but not limited to, personal information and information relating to Records, changes.

5. PROPRIETARY RIGHTS IN SITE CONTENT

You understand and agree that the content on the URDB sites, except any data, text, information, screen names, graphics, photos, accounts, audio and video clips, links, or any other material (collectively "Content") uploaded, posted, or otherwise transmitted by a User, is owned or licensed to URDB and is protected by applicable intellectual property and other laws. Except as expressly authorized by URDB, you agree not to modify, distribute, create derivative works based on, rent, lease, loan, sell, resell, or offer for any commercial purposes the URDB sites, in whole or in part.

You further understand and agree that the content of sponsor advertisements that appear on the URDB sites is protected by applicable intellectual property law and other laws. Except as expressly authorized by the applicable advertiser, you agree not to modify, distribute, create derivative works based on, rent, lease, loan, sell, resell, or offer for any commercial purposes the sponsor advertisement, in whole or in part.

The URDB service makes it possible to post images and text hosted on URDB to outside websites. This use is permitted as long as pages on other websites which display data hosted on the URDB sites provide an easily identifiable link back to URDB.

6. WORLD RECORDS

URDB is not and cannot be responsible for its User's or other's conduct or safety during any attempt to create a world record to submit to URDB. BY USING AND ACCESSING THE URDB SITES, YOU UNDERSTAND AND AGREE THAT YOU ATTEMPT TO CREATE A WORLD RECORD AT YOUR OWN RISK. If you do become involved in an attempt to create a world record, including, but not limited to, your own attempt to create a world record or supporting another User's attempt to create a world record, to the fullest extent permitted by applicable law, you release URDB and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the attempt to create a world record.

7. USER CONDUCT

You are solely responsible for your conduct on the URDB sites and any Content that you post to the site. URDB reserves the right to investigate and take appropriate actions a Inappropriate User conduct and Content includes, but is not limited to:

impersonating another person or entity or falsely stating or otherwise misrepresenting your affiliation with another person or entity;
uploading, posting, or otherwise transmitting any Content that URDB determines is harmful, abusive, harassing, threatening, hateful, vulgar, obscene, fraudulent, unlawful, tortious, defamatory, libelous, invasive to another person's or entity's privacy, exploitive, or racially, ethnically, or otherwise objectionable;
engaging in behavior that harms minors in any way, as seen by URDB or applicable law, or that is otherwise destructive behavior, including, but not limited to, abusing, harassing, stalking, threatening, or intimidating another person or entity;
using or attempting to use any information obtained from the URDB sites in order to harm, abuse, harass, stalk, threaten, or intimidate another person or entity;
using the URDB sites to create or submit any unsolicited or unauthorized advertising, email, or other form of communication;
soliciting personal information from anyone under 18;
promoting commercial activities without prior written consent from URDB, including, but not limited to, contests, sweepstakes, barter, advertising, or pyramid schemes;
collecting or storing User information for commercial or unlawful purposes;
modifying, adapting, hacking or otherwise manipulating any part of the URDB sites;
modifying, adapting, hacking or otherwise manipulating any part of another website so as to falsely imply that it is associated with URDB or to otherwise disguise the origin of the information delivered;
interfering with, disrupting, or otherwise creating an undue burden on the URDB servers or connected networks, or disobeying any requirements, procedures, policies, or regulations of connected networks;
circumventing, modifying, or otherwise interfering with any security technology or software that is part of the URDB sites;
uploading, posting, or otherwise transmitting software worms, bots, viruses, or any other code of a destructive nature;
using the URDB sites in any manner, intentionally or unintentionally, that violates these Terms of Use or any applicable laws or regulations;
using the URDB sites in any manner that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities; and
allowing another person to use the URDB sites in any manner that violates these Terms of Use.

While URDB prohibits inappropriate conduct and Content on the site, you understand and agree that URDB cannot be responsible for other User's conduct or the Content posted on the URDB sites and you may be exposed to such inappropriate conduct or Content when you visit the URDB sites.

8. RIGHTS IN USER CONTENT

URDB claims no ownership over any Content posted by URDB Users ("User Content"). That said, URDB cannot and will not be able to return any materials you send it, including, but not limited to, materials you send in support of your Record. The author retains all ownership rights in User Content, including, but not limited to, any intellectual property rights you may have, and the author is responsible for protecting those rights, but is not entitled to URDB's help in protecting such Content. However, when you upload, post, or otherwise transmit any Content to URDB, you grant URDB, solely in consideration of the possibility of publicity and professional credit, an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide, and fully sublicensable license to use, copy, publish, distribute, transmit, transfer, create derivative works of, publicly perform, and publicly display (in whatever media, at URDB's sole discretion) such User Content for any purpose URDB sees fit. Further, you agree that all moral rights in relation to any Content submitted to URDB are waived, such that, without limitation, URDB has no obligation to identify you as the author or creator of any such Content and you will have no right to object to the manner in which URDB treats that Content.

By uploading, posting, or otherwise transmitting any User Content, you represent and warrant that (1) you have all necessary written consents, releases, or permissions to grant the foregoing licenses to URDB; (2) you have all necessary written consents, releases, or permissions of each and every identifiable individual person in the User Content to use the name or likeness of that person in the manner contemplated by URDB and these Terms of Use; and (3) the uploading, posting, or otherwise transmitting your User Content on or through URDB does not violate the legal rights of any person or entity, including, but not limited to, privacy rights, publicity rights, copyrights, trademark rights, or contract rights. WITHOUT LIMITATION TO THE PROVISIONS OF SECTION 15, BELOW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS URDB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY CLAIM, ADMINISTRATIVE PROCEEDING, DEMAND, DAMAGE, OBLIGATION, LOSS, COST, DEBT, LIABILITY, OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR BREACH OF THE FOREGOING REPRESENTATION AND WARRANTY, OR URDB'S USE, COPYING, PUBLISHING, DISTRIBUTION, TRANSMISSION, TRANSFERENCE, CREATION OF DERIVATIVE WORKS OF, PUBLIC PERFORMANCE, OR PUBLIC DISPLAY (IN WHATEVER MEDIA, AT OUR SOLE DISCRETION) OF ANY USER CONTENT SUBMITTED BY YOU.

9. COPYRIGHT

URDB undertakes to obey all relevant copyright laws. If you believe your copyrighted material appears on the URDB site without your permission, please send us in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
Identification of the material 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 URDB to locate the material;
Information reasonably sufficient to permit URDB to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated agent ("Copyright Agent") to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 ("DMCA") is Dan Rollman, Universal Record Database, , ,

After receiving a claim of infringement, URDB will process and investigate the claims. Upon receipt of notices that comply or substantially comply with the DMCA's requirements, URDB will act expeditiously to remove or disable access to any Content alleged to be infringing. URDB will take reasonable steps to promptly notify the User that it has removed or disabled access to the User's Content.

If you believe your removed Content is not infringing, or that you have the legal authorization to post and use the removed Content, you may provide us with a counter notification by sending our Copyright Agent the following information in writing:

Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which URDB may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Upon receipt of a proper counter notification under the DMCA, URDB will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification. Additionally, URDB will inform that person that it will replace the removed material and cease disabling access to it in 10-14 business days following receipt of the counter notice, unless URDB's Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on URDB.

10. USER DISPUTES

You are solely responsible for your interactions with other Users. URDB has no obligation to become involved in any dispute between you and other Users (a "User Dispute"). However, URDB reserves the right to become involved in any User Dispute at URDB's sole discretion.

If you do become involved in a User Dispute, to the fullest extent permitted by applicable law, you release URDB and its officers, directors, employees, and agents from any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the User Dispute.

11. PRIVACY

Your use of URDB is governed by our Privay Policy, which is incorporated into these Terms of Use by this reference. By using or accessing URDB, you agree that you have read, understand, and agree to be bound by our Privacy Policy.

12. Links

The URDB sites may contain links to third-party websites that are not owned or controlled by URDB. URDB cannot control and assumes no liability or responsibility for the availability, content, or practices of third-party websites. URDB's Terms of Use and Privacy Policy are applicable only when you are on the URDB sites. As such, we encourage you to read the policies of any third-party websites that you visit when you leave the URDB sites.

13. DISCLAIMER OF WARRANTIES

YOUR USE OF URDB IS AT YOUR SOLE RISK. URDB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, URDB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND RELIABILITY OF USER CONTENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. URDB MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, DELAY-FREE, SECURE, OR ERROR-FREE. URDB IS NOT RESPONSIBLE FOR ANY DAMAGE DUE TO TECHNICAL PROBLEMS OR MALFUNCTION, INCLUDING, BUT NOT LIMITED TO, ANY INJURY OR DAMAGE TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM USE OF THE URDB SITES OR DOWNLOADING MATERIALS IN CONNECTION WITH THE USE OF THE URDB SITES.

UNDER NO CIRCUMSTANCES SHALL URDB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE URDB SITES OR CONDUCT OCCURRING IN CONNECTION WITH THE USE OF THE URDB SITES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OR DAMAGE IN CONNECTION WITH AN ATTEMPT TO CREATE A WORLD RECORD.

NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY TYPE BETWEEN URDB AND ANY OTHER PARTY. THESE TERMS OF USE ARE BETWEEN URDB AND YOU AND THEY DO NOT, NOR SHALL THEY BE DEEMED TO, EXTEND RIGHTS TO ANY THIRD PARTY.

14. LIABILITY LIMITATIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, URDB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF URDB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROMDAMAGES, RESULTING FROM

THE USE OR INABILITY TO USE THE SERVICE;
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE AND ACCESS TO, OR IN CONNECTION WITH YOUR USE OR ACCESS TO, OUR WEBSITE;
ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR PERSONAL INFORMATION;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERANY OTHER MATTER RELATING TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF URDB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

15. INDEMNITY

You agree to indemnify, defend, and hold harmless URDB and its officers, directors, employees, and agents, from and against any and all claims, administrative proceedings, demands, damages, obligations, losses, costs, debts, liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising from:

Your use and access to, or in connection with your use or access to, the URDB sites;
Your violation of any terms of these Terms of Use;
Your violation of any third party's right, including, but not limited to, any copyright or privacy right; and/or
Any claim that your User Content caused damage to the third party.

16. JURISDICTION AND DISPUTES

You understand and agree that the URDB sites shall be deemed solely based in the State of New York ("New York"). The URDB sites shall be deemed passive websites that do not give rise to personal jurisdiction over URDB, either specific or general, in jurisdictions other than New York, nor shall use of or access to the URDB sites be construed as the purposeful availment of the benefits or privilege of doing business in any state other than New York by URDB. than NewYou understand and agree that, except to the extent applicable law, if any, provides otherwise, any claim or cause of action arising out of the use of or access to the URDB sites or these Terms of Use shall be governed by the substantive laws of New York, without respect to its conflict of laws principles. You further understand and agree not to bring claims or causes of action on a representative, class member basis, or as a private attorney general.

You and URDB understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of or access to the URDB sites or these Terms of Use must be filed within one (1) year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred. To the extent a claim or cause of action does arise from the use or access to the URDB sites or these Terms of Use, the claim or cause of action shall be settled by binding arbitration. URDB may elect to resolve the dispute by binding arbitration conduct by telephone, on-line, or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, it shall be held in New York County, New York, or another location mutually agreed upon by the parties. In all such cases, the arbitration shall be held in the English language and administered by the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. in accordance with their applicable rules then in effect, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. You hereby consent to, and waive all defenses of lack of personal jursidiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York Count, New York.

17. WAIVER AND SEVERABILITY OF TERMS

The failure of URDB to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the court should give effect to the parties' intentions as reflected in the provision, and all other provisions of these Terms of Use remain in full force and effect.

18. VIOLATIONS OF TERMS OF USE

Please report any suspected violations of these Terms of Use to .

19. QUESTIONS

Please contact us at with any questions regarding these Terms of Use. You may also contact us by mail at The Universal Record Database, .