Welcome to Umii’s Terms and Conditions of Use (these “Terms”). This is a contract between you and Umii Technologies LTD and we want you to know yours and our rights before you use the Umii application (“App”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms.
Umii is a service operated by Umii Technologies Ltd (“Umii”). We are a limited company registered in England and Wales under company number 10839796 and have our registered office at Hollingwood Business Center C/O Mj Goldman, Albert Street, Oldham, England, OL8 3QL. To contact us, please email email@example.com
Before you can use our App, you will need to register for an account (“Account”). In order to create an Account you must:
We hope you enjoy Umii, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App. We will save your profile information in case you realise you miss us and you decide to restore your Account (which you can do within 30 days of deactivating your Account by emailing us at firstname.lastname@example.org).
Umii Technologies LTD reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account with an ac.uk email address after the promotion period (for more information regarding the promotion period, please contact us at email@example.com.
You agree to:
We are fully against antisocial behaviour within the Umii community and users should respect other users. Therefore, you can report any abuse or complain about Member Content by contacting us (firstname.lastname@example.org), outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block’ or ‘Report’ links. How Umii intends to deal with bad behaviour on the app is outlined in ‘Umii’s Right to Suspend and Terminate Your Account’.
Also, we don’t appreciate users disrespecting Umii – we’ve worked hard on our creation, so scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.
There are three types of content that you will be able to access on the App:
There is certain content we can’t allow on Umii
We want our users to be able to express themselves as much as possible and post all sorts of things on Umii, but we have to impose restrictions on certain content which:
Umii operates a zero-tolerance policy for this kind of content. How Umii intends to take action in response to this type of content is outlined in ‘Umii’s Right to Suspend and Terminate Your Account’.
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email, the Umii messaging functionality, your Umii profile page or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Umii is a public community, Your Content will be visible to other users of the App – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Umii Users). By uploading Your Content on Umii, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Other members of Umii will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other Umii users’ personal information to the extent that your use of it matches Umii’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
You may be wondering what happens to the rest of the Content on Umii. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Umii are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remain with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
We reserve all other rights.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Umii services, such as enhancements, offers, products, events, and other promotions.
After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt-out by changing your notification settings on your mobile device.
With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt-out by either following the specific instructions included in such communications or by emailing us with your request at email@example.com.
The app, site, our content, and member content are all provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. no advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.
Umii Technologies LTD cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Umii is free of viruses or other harmful components.
Additionally, we do not make any warranties that the app or site will be uninterrupted, secure, free of errors, bugs, spyware, Trojan horse or any similar malicious software or that your use of the app or site will meet your expectations, or that the app, site, our content, any member content, or any portion thereof, is correct, accurate, or reliable. Umii Technologies LTD is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Your use of the app or site is at your own risk. you are solely responsible for your interactions with other members. Umii Technologies Ltd is not responsible for the conduct of any user. Umii does not conduct criminal background checks on its members.
Neither us nor any owner will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the app, site, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The foregoing shall apply even if we were advised of the possibility of such damages. if you become dissatisfied in any way with the app or site, your sole and exclusive remedy is to stop your use of the app and site. You hereby waive any and all claims arising out of your use of the app or site.
Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. if any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars (£100). The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The app and site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
All the actions you make and the information you post on Umii remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
Umii Technologies LTD has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
Any DMCA Takedown Notices should be sent to: firstname.lastname@example.org.
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
There are a few more things we need to mention before you can use Umii.
These Terms, which we may amend from time to time, constitute the entire agreement between you and Umii Technologies LTD. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
As Umii grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Umii following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Umii immediately.
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
By using the App, you agree and acknowledge that Umii is an Ireland based app operating through servers located in Ireland. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Umii, you agree to the transfer of your personal information to, and storage and processing of your personal information in, Ireland.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Your access to the App, Our Content, and any Member Content, as well as these Terms are governed and interpreted by the laws of UK and Ireland, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the UK. By using the App, you are consenting to the exclusive jurisdiction of the courts of the UK. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
Umii Technologies LTD is registered in the United Kingdom under company number 10839796. Our registered address is Hollingwood Business Center C/O Mj Goldman, Albert Street, Oldham, England, OL8 3QL.
Umii Technologies LTD collaborates with its group company We Are Nova LTD (a company incorporated in the UK under company number 08927337) from time to time in order to facilitate the delivery of content to you.
The Terms were last updated on: 7th September 2020