Terms of Use

UMOJIVITY
Last modified: December 14, 2020

Thanks for using our products and services (“Services”). The Services are provided by Umojivity Inc. (“Umojivity”), Incorporated in, Delaware, United States.

By using our Services, you are agreeing to these terms.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

USING OUR SERVICES
You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services display some content that is not Umojivity’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

ACCEPTABLE USE AND CONDUCT
You may not use any robot, spider, other automatic device or process to access or monitor the Service. You may not copy, modify, distribute, or publish any portion of the Site or the Content without our prior written consent. You also agree that you will not frame any portion of the Site without our prior written consent.

Your use of and access to the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing), and you agree to comply with all such laws and regulations in your use of and access to the Service. In addition, you agree that: (a) you will not interfere with another member's use and enjoyment of the Services; (b) you will not interfere with or disrupt Umojivity's security measures; (c) you will not interfere with or disrupt networks connected to Umojivity, and will comply with all regulations, policies and procedures of such networks; and (d) you will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with Umojivity.

In addition, you agree that you will not perform any action or post any Content, that:

(i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) bullies, harasses or advocates stalking, bullying, or harassment of another person;
(iii) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming";
(iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) infringes another party's Content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country;
(vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
(vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18);
(viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses and other harmful code;
(ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Service;
(x) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xi) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software;
(xii) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items;
(xiii) interferes with or disrupts networks connected to Umojivity;
(xiv) does not comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with Umojivity;
(xv) except as expressly permitted in these Terms, download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Site in any medium without Umojivity's prior written authorization;
(xvi) alters or modifies any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes;
(xvii) removes, circumvents, disables, damages, or otherwise interferes with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the site;
(xviii) attempts to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interferes or attempts to interfere with the proper working of the Site or any activities conducted through the Site;
(xix) obtains or attempts to obtain any materials or information through any means not intentionally made available through the Site; or (xx) otherwise violates the these Terms or creates liability for us.
We may terminate your Umojivity account or suspend your access to all or part of the Service, without notice, if you violate these Terms (including without limitation any of the foregoing restrictions), or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Umojivity, any other Umojivity user, or any third party. If your account is terminated, we may, but are not required to, remove some or all of your Content from our servers. We may also retain all or part of your Content for backup, analytics, fraud and abuse prevention, and other purposes.

YOUR UMOJIVITY ACCOUNT
You may need a Umojivity Account in order to use some of our Services. You may create your own Umojivity Account, or your Umojivity Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using a Umojivity Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. To protect your Umojivity Account, keep your password confidential. You are responsible for the activity that happens on or through your Umojivity Account. Try not to reuse your Umojivity Account password on third-party applications. If you learn of any unauthorized use of your password or Umojivity Account, follow these instructions.

PRIVACY AND COPYRIGHT PROTECTION
Umojivity’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Umojivity can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Umojivity’s policy about responding to notices by contacting us at legal@umojivity.com

YOUR CONTENT IN OUR SERVICES
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, send or receive content to or through our Services, you give Umojivity (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. If you have a Umojivity Account, we may display your Profile name, Profile photo, and actions you take on Umojivity or on third-party applications connected to your Umojivity Account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Umojivity Account. For example, you can choose your settings so your name and photo do not appear in an ad. You can find more information about how Umojivity uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time. Umojivity may also stop providing Services to you, or add or create new limits to our Services at any time. You own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

OUR WARRANTIES AND DISCLAIMERS
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Umojivity NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

LIABILITY FOR OUR SERVICES
WHEN PERMITTED BY LAW, UMOJVITY, AND UMOJIVITY’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF UMOJIVITY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, UMOJIVITY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Umojivity and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Umojivity and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Delaware, U.S.A., excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Wilmington County, Delaware, USA, and you and Umojivity consent to personal jurisdiction in those courts.

For information about how to contact Umojivity, please contact us at: legal@umojivity.com.

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