Hi there - Umami is a service for individuals ("Employers") and for employers ("Employers"). This website, the mobile application, and service (collectively the “Services”) are owned and operated by Umami, Inc. We are a company based in Seattle, WA.
When we refer to “you” or “your”, we're talking about you (including, if you are an employer, the entity for which you work). When we refer to “us”, “we”, “our”, or “Umami”, we're talking about the services and our company (including its officers, directors, investors, agents, representatives, and employees).
These Terms are a binding contract. If you use the Services as a Employee, then you have agreed to follow all our Terms except those found under EMPLOYER TERMS. If you use the Services as an Employer, then you have agreed to follow all our Terms.
These Terms are a binding contract. If you use the Services as a Employer , then you have agreed to follow all our Terms except those found under EMPLOYER TERMS. If you use the Services as an Employer, then you have agreed to follow all our Terms.
We sometimes update these Terms. When that happens we will send you an email telling you about the update. You may also learn about these updates on umamijobs.com. If you use Umami after we update our Terms, then you agree that the updated Terms will apply to your use and you will be bound by them.
AGAIN, PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Subject to all terms and conditions of Terms, Umami hereby grants you a limited, personal, non-sublicensable, non-transferable, royalty-free, nonexclusive license to access and use the Services solely for (i) your internal business or personal (as applicable) purposes and (ii) other purposes separately authorized by Umami in writing. The Services are subject to modification from time to time at Umami’s sole discretion for any purpose deemed appropriate by Umami.
To use the Services, you must be:
- a legal resident of the United States or one of its territories;
- legally be allowed to work or conduct business in the United States; and
- at least 16 years old.
If you are between 16 and 18, you need your parent or guardian's permission before using the Services. If you do not need this permission because you are an emancipated minor, please contact us at firstname.lastname@example.org, and we might be able to sign you up for the Services.
If you open an account on behalf of an Employer, company, organization, or other entity, then you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
You may not use the Services if we have previously terminated your account unless expressly authorized by an officer of Umami. You must provide us with truthful and accurate information when registering for or using the Services.
Creating an Account
To create a Employer account, you must provide us with:
- your first and last name; and
- your verified email aThe Basics
- The Services are a platform that, amongst other things, connects Employer s with Employers and assists Employers manage their human resources needs. Please note, while we offer a job posting and hiring platform, Umami does not employ Employer s. It's entirely up to Employers whether they offer you a job.
You may also populate your Employer account with information including but not limited to:
- your home address;
- your birthday;
- your work history;
- your education;
- video answers to interview questions;
- your employment references;
- your phone number;
- a profile picture; and
- any other information requested by an Employer during the onboarding process.
To create an Employer account, you must provide us with:
- your first and last name; and
- your verified email address;
- You may also populate your Employer account with information including but not limited to:
- your business address;
- your phone number; and
- your company logo.
- video’s of managers and staff which represent your company
Umami uses industry-best security protocols to protect the privacy and security of your personal information and other data.
We may use your email address to send you Umami-related notices. Sometimes these notices are required by law. We may also use your email address to send you other messages, such as changes to the Services and special offers. You may opt out of these other email messages by changing your account settings or emailing us at email@example.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more efficient and improve our services.
You may never use another Umami Employer 's account without permission. You must keep your account password secure. You must notify us immediately of any security breach or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account due if you fail to keep your account password secure.
You acknowledge that the Services will sometimes be down for maintenance and updates. After these updates you may find new features added or existing features removed.
To cancel your Employee account, contact Umami at firstname.lastname@example.org. If you cancel your Employee account or your Employee account is terminated, all of your Employee account information may be deleted. You hereby acknowledge that, following such a cancellation request, Umami may retain certain Employee account information only as required by applicable laws, rules, and regulations. Umami may permanently or temporarily suspend Employee accounts any time for any reason.
To cancel your Employer account, contact Umami at email@example.com. If you cancel your Employer account or your Employer account is terminated, all of your Employer account information may be deleted. You hereby acknowledge that, following such a cancellation request, Umami may retain certain Employer account information only as required by applicable laws, rules, and regulations. The foregoing paragraph shall not relieve you of owed payments to Umami. To the extent the foregoing paragraph conflicts with an applicable Order Form, the Order Form shall prevail.
Umami will undertake commercially reasonable efforts to make the Services available to you twenty-four (24) hours a day, seven (7) days a week.; Notwithstanding the foregoing, Umami reserves the right to suspend your access to the Services: (i) for scheduled or emergency maintenance, or (ii) in the event you are in breach of these Terms or an applicable Order Form.
You will cooperate with Umami in connection with the performance of these Terms by making available such personnel and information as may be reasonably required, and taking such other actions as Umami may reasonably request.; You will also cooperate with Umami in establishing a password or other procedures for verifying that only your designated employees have access to any administrative functions of the Services.
Employer represents, warrants, and covenants that any materials provided by Employer for use in connection with Umami will not violate any laws, rules, or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws.
Employers may post jobs for stated price on website or by officer of Umami. We reserve the right to remove any job posting from the Services at our sole discretion. Employers are solely responsible for their postings on Umami.
Your job posting must include:
- employer name;
- job description/title; and
- a point of contact (name, email, and/or physical address).
Your job posting may include:
- an hourly wage that exceeds your locality's minimum wage;
- whether job position includes tips;
- start date;
- employment period;
- full time or part time (including hours);
- video’s of managers and staff which represent your company
- available benefits;
- job position location(s);
- skill requirements;
- travel requirements;
- equipment requirements;
- a job posting expiration date; and
- any other special requirements such as, but not limited to, criminal background checks or drug testing.
Your job posting may not include:
- any hyperlinks, other than those specifically authorized by Umami;
- misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Umami's sole discretion;
- the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Umami;
- the names of colleges, cities, states, towns or countries that are unrelated to the posting;
- inaccurate, false, or misleading information; and
- material or links to material that exploits people in a sexual, violent or other manner, or unlawfully solicits personal information from anyone under 18.
You may not use your job postings to:
- post jobs in a manner that does not comply with applicable local, state, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- post jobs or other advertisements for competitors of Umami or post jobs or other content that contains links to any site competitive with Umami (such competitors and competitive sites to be determined by Umami at its sole discretion);
- sell, promote or advertise products or services;
- post any franchise, pyramid scheme, "club Employer ship", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- post any business opportunity that requires an upfront or periodic payment or requires recruitment of other Employer s, sub-distributors or sub-agents;
- post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- promote any opportunity that does not represent bona fide employment which is generally indicated by the employer's use of IRS forms W-2 or 1099;
- post jobs on the Services for modeling, acting, talent or entertainment agencies or talent scouting positions;
- advertise sexual services or seek employees for jobs of a sexual nature;
- request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- endorse a particular political party, political agenda, political position or issue;
- promote a particular religion;
- post jobs located in countries subject to economic sanctions of the United States Government; and
- except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) race, nationality, ancestry or ethnic origin; (ii) political beliefs; (iii) religion(iv) physical or mental disability; (v) sex or any other basis prohibited by applicable law.
You agree that you may only use the Employer Database in accordance with all applicable privacy and data protection laws, rules, and regulations. You may not disclose or allow the disclosure of any Employer Database content to any third party, unless you are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You agree to take commercially reasonable physical, technical, and administrative measures to protect Employer Database content from loss, misuse, unauthorized access, disclosure, alteration or destruction.
The Employer Database may not be used:
- for any purpose other than as an Employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
- to make unsolicited phone calls or faxes or send unsolicited text, mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
- to source Employer s or to contact Employer s in regards to prohibited career fairs or business opportunities.
Umami shall defend, indemnify, and hold you harmless from liability to unaffiliated third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Umami is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Umami will not be responsible for any settlement it does not approve. The foregoing obligations do not apply with respect to portions or components of the Services (i);not created by Umami, (ii);resulting in whole or in part in accordance from your specifications, (iii);that are modified after delivery by Umami, (iv);combined with other products, processes or materials where the alleged infringement relates to such combination, (v);where you continue allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi);where your use of is not strictly in accordance with these Terms and all related documentation. You will indemnify Umami from all damages, costs, settlements, attorneys' fees and expenses related to any claim of infringement or misappropriation excluded from Umami's indemnity obligation by the preceding sentence.
You shall comply with all applicable laws, rules, and regulations in connection with your use of the Services. In no event shall we be responsible or liable for your failure to comply with applicable laws, rules, or regulations in connection with your use of the Service.
The Services have a number of example forms, templates, and other tools (collectively the "Tools") to assist you with finding a job or hiring a Employer . You may only use the Tools as allowed by the Service’s functionality.
You understand and agree that the Tools are neither legal advice nor the practice of law and are not guaranteed to be lawful, correct, complete or up-to-date. If you need legal advice for drafting documents, or if your specific need is too complex to be addressed by our Tools, you should consult a licensed attorney in your area.
The Services are not intended to create any attorney-client relationship, and your use of the Services does not and will not create an attorney-client relationship between you and Umami. Instead, you are and will be representing yourself in any legal matter you undertake through the Services. Umami is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.
Your content, such as photos, videos, writings, and other creative submissions, is an important part of the Services. Anything you post, upload, share, store, or otherwise provide through Services is your "Employer Submission". Other Services Employers may access some Employer Submissions. In order to display your Employer Submissions on the Services, and to allow other Employers to view or use them, you grant us certain content rights in those Employer Submissions.
When we say you are granting "Content Rights" to your Employer Submissions, we mean you are granting a license to display, perform, distribute, modify (for technical purposes), and reproduce your content for a specified purpose.
For all Employer Submissions, you hereby grant Umami Content Rights to your Employer Submissions for the purpose of operating the Services. This license is described in more detail below. This is a license only; your ownership in Employer Submissions is not affected.
If you store a Employer Submission in your Umami account and don't share it with any other Employer (a "Personal Employer Submission"), then you grant Umami the license granted above, as well as Content Rights to make that Personal Employer Submission accessible to you.
If you share a Employer Submission publicly on Umami then you grant Umami the licenses above, as well as Content Rights for the purpose of making that Public Employer Submission available to the Services and all Umami Employers. Umami will try to notify you if it uses your Public Employer Submission for any reason other than displaying it on the Services. Also, you grant all other Umami Employers Content Rights to use that Public Employer Submission as permitted by the Services’ functionality.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. When you delete your Umami account, we will stop displaying your Employer Submissions (other than Public Employer Submissions, which may remain fully available) to other Employer s (if applicable). However, you understand and agree that it may not be possible to completely delete that content from Umami's records, and that your Employer Submissions may remain viewable elsewhere to the extent that they were copied or stored by other Employer s.
Finally, you understand and agree that Umami, in performing the required technical steps to provide the Services to our Employer s (including you), may need to make changes to your Employer Submissions to conform and adapt those Employer Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You are prohibited from:
- copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping";
- using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services in a manner that sends more request messages to the Services' servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Umami grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available portions of the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Services;
- collecting or harvesting any personally identifiable information, including account names, from the Services;
- using the Services for any commercial solicitation purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with the proper working of the Services;
- accessing any content on the Services through any technology or means other than those provided or authorized by Umami; or
- bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
Disclaimers and Warranty Disclaimer
You understand and agree that:
- Umami has no control over and makes no representations regarding Employer 's or Employer's actions or services;
- Umami (and its licensors or suppliers) makes no representations, nor are we responsible or liable, for any content, suggestions, instructions, or recommendations of services or products found on the Services;
- The Services are designed for the use by Employer s located in the United States. We make no representations that the Services is appropriate or available for use in other locations, and you may not use the Services in locations outside the United States or for employees outside of the United States without the express prior written permission of Umami, to be given by Umami at its sole discretion and on a case-by-case basis. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
- THE SERVICES ARE OFFERED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES FROM Umami (OR OUR LICENSORS AND SUPPLIERS) OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF Umami WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
All sections of these Terms which by their nature should survive termination or expiration will survive termination or expiration, including, without limitation, restrictions, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.
Except as expressly set forth herein, Umami alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Services or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any third party relating to the Services, which are hereby assigned to Umami. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under these Terms. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Umami (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID OR PAYABLE BY YOU TO Umami IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
In some instances, you may use the Services free of charge. We also have paid features. If you enroll in these paid features, you agree to pay Umami all applicable fees and authorize Umami to charge your chosen payment method. Unless agreed to otherwise, Umami is free to change our fees at any time.
Umami offers no refunds or credits. If you feel like you should receive a refund because
Umami made an error, please contact us at firstname.lastname@example.org.
Unless agreed to separately in writing, Umami will automatically renew annual subscriptions for an additional year unless you cancel your account before the anniversary of your registration date.
All fees are exclusive of taxes or duties imposed by governing authorities. You are responsible for all taxes or duties associated with your use of the Services.
Fair Credit Reporting Act
You may authorize Umami to verify your identity and employment worthiness. Umami uses third-party vendors to verify your identity. We won't use this information for anything other than operating the Services. There is a federal law called the Fair Credit Reporting Act that requires us to notify you of your responsibilities when it comes to your use of this information. Please read below to learn about these responsibilities:
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice Umami notifies you that if you choose to participate in our third-party verification service, it may, as part of that service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a third-party verification service offered through the Services, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Services with any other party (either through the Services or otherwise), you agree to do so in accordance with applicable laws, rules, and regulations and to indemnify and hold harmless Umami from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Umami DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM THE USE OF INFORMATION PROVIDED BY A THIRD-PARTY VERIFICATION SERVICE.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Umami, its affiliates, officers, agents, employees, and partners harmless from and against any and all third-party claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Umami account, in any way (by operation of law or otherwise) without Umami's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM Umami. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY: CLASS ARBITRATIONS AND CLASS, COLLECTIVE OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Umami ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
Digital Millennium Copyright Act
You may have heard of the Digital Millennium Copyright Act (the "DMCA"). If not, it relates to service providers like Umami being asked to remove content that allegedly violates someone's copyright. We respect others intellectual property rights, and we reserve the right to delete content alleged to be infringing. Also, we may terminate the accounts of repeat alleged infringers. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, Click here. To learn more about the DMCA, CLICK HERE.
U.S. Government Matters
As defined in FAR section 2.101, any software and documentation provided by Umami are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Service Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
If any provision of these Terms is found to be unenforceable or invalid, that section will be minimally limited or eliminated, so that these Terms shall otherwise remain in full force and effect and enforceable.
The failure of Umami to enforce these Terms does not mean that Umami has forfeited any right in these Terms.
Excluding applicable Order Forms, you agree that these Terms replace and cancel all previous written and oral agreements relating to Services.
You agree there are no third-party beneficiaries intended under these Terms.
Copyright Dispute Policy
In accordance with the DMCA, we've adopted the policy below toward copyright infringement.
We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Employer s and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Umami's Designated Agent to Receive Notification of Claimed Infringement (our "Designated Agent," whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Umami is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Umami is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Umami may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Umami may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Umami' discretion.