Privacy Statement

THE SKRAM NETWORK'S USER AGREEMENT :(Effective December 21st, 2005)

Welcome to UCTV! We at UCTV work hard to ensure that you have an enjoyable experience on our web site. Please read this page in its entirety as it explains your rights and responsibilities regarding your use of the SKRAM Network (defined below). You agree to accept the following User Agreement ("Agreement") between you and Skram Media, LLC. ("SKRAM"), and your use of the SKRAM Network confirms your acceptance of the terms of this Agreement. In the event that you seek to use portions of the SKRAM NETWORK that require registration, such as our Forums/Communities, our Video Upload Program, and in general any interactive feature of the SKRAM Network, then we will ask during registration that you expressly manifest your acceptance of this Agreement by clicking "I ACCEPT." For purposes of this Agreement, the term "SKRAM Network" means any and all of SKRAM's web sites, including, without limitation, www.urbanclimbermag.tv, as well as any other web sites that may now or hereafter contain an authorized SKRAM-branded area, content, player, or window, provided by SKRAM (collectively, "SKRAM Network") (provided that your use of such SKRAM features on Third Party Web Sites-defined below-may also subject you to the terms of use and privacy policy of such Third Party Web Site).

I. Subsequent Revisions to Agreement

SKRAM may periodically revise the terms of this Agreement by updating this page. You agree to be bound by subsequent revisions to this Agreement. Accordingly, you should periodically visit this page to review the current terms of this Agreement.

II. All Rights Reserved

SKRAM reserves all right, title, and interest not expressly granted under this Agreement.

Copyright. All content, which includes, without limitation, articles, films, media files, reviews, software, and source code (collectively, "Content"), on the SKRAM Network is subject to copyright protection and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of SKRAM and its Content providers. The only exception to this may be if a specific item of Content, such as a video that has been submitted to our video upload service, contains express indications that you may make certain use of it because only some rights are reserved to the owner pursuant to a Creative Commons or other limited license.

Trademark. The names or services on the SKRAM Network, including, without limitation, "Urban Climber Magazine", are trademarks or registered trademarks of SKRAM. Other names or services on the SKRAM Network may be the trademarks of their respective owners. You agree not to use any SKRAM trademarks or any confusingly similar marks for any purpose without the express prior written consent of SKRAM in each instance.

Violations may result in severe civil and criminal penalties.

III. Use of Material

SKRAM puts valuable Content onto the SKRAM Network, and must carefully protect this Content. SKRAM authorizes you to access and use the Content solely for your personal, non-commercial use, unless a specific item of Content has indications that expressly give you greater rights. You may not sell or modify the Content, and you may not reproduce, republish, upload, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, unless otherwise indicated for a specific SKRAM service or item of Content. You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract and/or download any Content from the SKRAM Network, unless you are expressly authorized to do so by a specific SKRAM service. As an express condition of your use of the SKRAM Network, you warrant to SKRAM that you will not use the SKRAM Network for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. The SKRAM Network resides on servers in the United States, and is intended for US users. SKRAM makes no representation that the Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the SKRAM Network.

IV. Your Use of the SKRAM Network: SKRAM tries to maximize user experience on the SKRAM Network, but there are some things that are out of our control, and other things that may go wrong from time to time. The SKRAM Network may contain inaccuracies or typographical errors. SKRAM makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the SKRAM Network or the Content. Your use of the SKRAM Network, including, without limitation, the services and information, contained therein, is on an "as is" basis and is at your own risk. SKRAM may make changes in the Content at any time. SKRAM cannot always anticipate technical, access or other difficulties, which may result in loss of Content, data, settings or other service interruptions.

Disclaimer of Liability. SKRAM MEDIA LLC, ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILLIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS (COLLECTIVELY "SKRAM") SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH (I) YOUR USE OF THE SKRAM NETWORK AND (II) ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.

SKRAM Makes No Representations or Warranties. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, SKRAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, FREIGHT FORCE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES, AND (2) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR OTHERWISE.

Third Party Links. The SKRAM Network may contain links to web sites operated by parties other than SKRAM ("Third Party Web Sites"), and SKRAM may license Content from the SKRAM Network for use by Third Party Web Sites. SKRAM makes no representation or endorsement of the Third Party Web Sites and you access them at your own risk.

SKRAM Network Modification and Discontinuation. SKRAM reserves the right to modify or discontinue, temporarily or permanently, at any time, any Content or Information (defined below) on the SKRAM Network, or the SKRAM Network itself, or any portion thereof. You agree that any such modification or discontinuation shall be entirely without liability to you or any third party.

Use Of Web Communities and Forums. The SKRAM Network contains forum services, web communities, and other message and communication facilities (collectively, "Communities"), whose use is at your own risk. SKRAM neither endorses nor controls the files, information, or messages (collectively, "Information") delivered to or displayed in the Communities, unless otherwise noted therein, and SKRAM assumes no duty to, and does not, monitor or endorse Information within the Communities, nor does SKRAM represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement. SKRAM reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Information, in whole or part, that SKRAM deems inappropriate for inclusion in the Communities, with the goal of ensuring compliance with this Agreement and applicable law. SKRAM reserves the right to expel you from or suspend your access to some or all of the Communities for violating the law or this Agreement. The Communities are public and not private communications and may be read by others without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, SKRAM shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk so be careful about disclosing your personal information.

You should maintain your password (which you will select as part of the process of registration to use interactive portions of the SKRAM Network) in confidence, and not share your password or other access information with any third party. You should notify the SKRAM Network if you need to change your password because its confidentiality has been compromised.

When using the Communities you may not do any of the following:

a. Restrict or inhibit any other user from using and enjoying the Communities;

b. Post or transmit any abusive, hateful, defamatory, indecent, libelous, obscene, pornographic, profane, threatening, harassing, embarrassing, unlawful, vulgar, or other Information of any kind that violates applicable law or regulation or which harms minors in any way, including, without limitation, Information that constitutes the following:

Engage in infringement, i.e., provide or knowingly use information that violates or infringes upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity or which discloses any trade secret or confidential information.

Upload harmful software, i.e., software or materials that contain a virus, corrupted files, or similar programs that may damage the operation of another's computer or the SKRAM Network.

c. Post advertisements or solicitations of business, except in areas expressly designated for such purposes and in accordance with the express rules and regulations established by SKRAM .

d. Post chain letters or pyramid schemes or impersonate another person.

e. Manipulate headers or identifiers so as to disguise the origin or content of any Information/posting.

f. Do any act which interferes with or slows the operation of the SKRAM Network.

SKRAM may condition your right to participate in the Communities on your furnishing to SKRAM and keeping updated at all times such personal identifying information as SKRAM may reasonably require, including, without limitation, your true name and a current, active e-mail address. SKRAM reserves the right to suspend or terminate your access to some or all of the Communities if SKRAM has a good faith basis for believing that any of the information you have supplied is inaccurate or that your account is being used by anyone other than you to access the Communities.

By posting Information to the Communities, you automatically grant to SKRAM a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such Information and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise.

V. SKRAM Network Not for Children

The SKRAM Network is not directed at children under the age of 13. Those portions of the SKRAM Network requiring registration, such as use of Communities, ask that the user's age or birthday be provided, and will automatically exclude from registration those who are under 13. If a person indicates that he/she is under the age of 13, SKRAM shall: not collect the child's personal information; ask the child to provide his/her parent's consent to register with SKRAM ; or ask the child to provide a parent's email address so that SKRAM can obtain parental consent to the child's registration with the Web Site, subscription to SKRAM newsletters, and/or participation in other activities and options made available on the Web Site. If a user under the age of 13 wants to participate in online activities offered on the Web Site, we only collect from him/her that information which is reasonably necessary for him/her to participate in the activity. After receipt of a request from a parent, we shall notify the parent what personal information SKRAM has collected from his/her child. Such requests or questions regarding SKRAM's privacy practices should be sent via email to privacypolicy@skrammedia.com or U.S. mail to SKRAM MEDIA, Attn: Privacy Administrator, 180 Varick Street, Suite 1514, New York City, New York, 10014.

VI. Miscellaneous

Privacy: SKRAM's use of personal information you provide or which SKRAM obtains shall be in accordance with SKRAM's privacy policy, as it may be changed from time to time; SKRAM's privacy policy can be found at the bottom of the home page.

Choice of Law and Forum. This Agreement, its interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within California. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, agree that any action related to this Agreement must be brought in a state or Federal court in the State of California, and waive any objection you may have in the future with respect to any of the foregoing. Notwithstanding the foregoing, SKRAM reserves the right to commence an action in your home jurisdiction in regards to this Agreement.

Indemnity. You agree to defend, indemnify and hold harmless SKRAM, its licensors, licensees, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, any material which you may post to the Communities or any use of the Content by you or under your control.

Severability. If any provision of this Agreement, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

Use of "You" or "Your". The words "you" or "your" shall also include your heirs, executors, administrators, successors, legal representatives and permitted assigns.

Waiver. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of SKRAM.

Copyright Complaints. If you believe that your work or Information has been copied and is accessible on the SKRAM Network in such a manner as to constitute copyright infringement, you may notify SKRAM by providing SKRAM's copyright agent with the following information:: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;: 2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;: 3. Your address, telephone number, and email address;: 4. 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; and: 5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.: SKRAMÕs agent for notice of claims of copyright infringement on the SKRAM Network may be reached as follows:

SKRAM MEDIA, Attn: Finance & Operations, 180 Varick Street, New York, NY 10014 Fax: 212 243 8212: feedback@urbanclimbermag.tv

Printed Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.