User agreement
Current version of 1 December Two Thousand Nineteen
1. General Terms
1.1. This User Agreement (hereinafter referred to as the Agreement) is a legally binding agreement made between you (hereinafter also referred to as the User) and «UMHERO LP, with company registration number: LP022894 and registered address: 85 Great Portland Street, First Floor, London, W3W7LT, United Kingdom.» (hereinafter referred to as the Company) regarding your access to the website, mobile Application and its use, and as well as any other media platform or related media channel (hereinafter referred to as the Application).
1.2. Starting using the Application/its individual functions or following the registration procedure, you fully and unconditionally accept all terms and conditions of this agreement without any comments or objections.
1.3. The Agreement comes into force immediately after you expressed your consent to start using it.
1.4. By expressing the consent to use the Application, you as the User guarantee that you are ready to provide all supporting documents related to the
a) identity,
b) age of all persons depicted in the content as well as
c) their written consent.
1.5. The Agreement may be amended unilaterally by the Company without any special notice. The new version of the Agreement enters into force when it is posted on the Internet on this page, unless otherwise provided by the new version of the Agreement.
1.6. Headings (headings of articles) of the agreement are intended solely for the convenience to study the text of the agreement and have no literal legal meaning.
2. Restrictions
2.1. All Users who are minors in the jurisdiction in which they reside (usually under the age of 18) or from which the Application is accessed, are not entitled to register in the Application and use its Services. Their parents or legal guardians are responsible for their actions.
2.2. The Application’s Services and the information provided in the Application are not intended for distribution or use by any person in any jurisdiction (country), where such distribution or use is contrary to applicable law or legislative norms exist that may subject the Company to any registration requirements in such jurisdiction (country).
2.3. According to 2.2., those persons who wish to access the Application from such jurisdictions do so on their own initiative and are solely responsible for the observance of local laws, or to the extent that national law is applicable.
3. Services:
3.1. The Application provides the User with a wide range of services, including functional possibilities, services, instruments, communication, search, posting, storage and transmission tools of various types of information and materials (content), content personalization, virtual purchases, crediting in the Application etc. (hereinafter referred to as the Services).
3.2. All Services currently in existence, as well as any their development and/or addition of new ones, are regulated by this Agreement.
3.3. This Agreement is intended to provide a civilized form and a comfortable atmosphere of communication of the Application’s Users.
4. Terms and definitions. For the purpose of this Agreement, the expressions below shall be understood as follows:
4.1. Company means «UMHERO LP, with company registration number: LP022894 and registered address: 85 Great Portland Street, First Floor, London, W3W7LT, United Kingdom.»
4.2. Content, materials mean information materials in any form (text, audio, video, graphic files, photos, images and any other files) posted, sent, published, stored, distributed, transmitted by the User in any form (for example, in the form of a text message, an attached file of any format, links to Internet publications etc.) within or in connection with the use of the Application and its Services.
4.3. Third party content means information materials, including advertising, incorporating links to other sites on the Internet, articles, photos, illustrations, graphics, music, audio files, video, other information, Applications, software and other content owned to or originated from third parties, that are not verified by the Company for compliance with its requirements, including reliability, completeness, good faith etc. The Company is not responsible for such content.
4.4. Objects for sale mean paid information services, the list of which is set forth in the Application or in the new revision of this Agreement on the sole discretion of the Company, including paid monthly auto-subscription to users, purchase of virtual credits and other electronic bonuses in the Application. Payment of the price of the object for sale by the User is an unconditional and full acceptance of the offer for purchase of paid Services of the Application.
4.5. Application is a collective term used for the purposes of the User Agreement and Privacy Policy as a set of electronic information systems currently existing or to be created in the future, as a website, mobile Application, and any other related media-platforms or media channels.
4.6. Services mean free and paid electronic services accessed through the Application, including functional possibilities, services, instruments, means of communication, search, posting, storage and transfer of all kinds of information and materials (content), personalization of content, virtual purchases, including electronic bonuses - credits of the Application, available to the user.
4.7. User means a visitor and/or a content provider who gets/gives access to the content.
4.8. User account (account) means the a visitor’s and/or a content provider’s Internet space in the Application, protected by a password and including all user's personal data transmitted by the latter during registration in the Application and its use, and allowing each user to be identified (authenticated) by unique login.
4.9. Agreement means the present User Agreement between company, and user as amended and modified.
4.10. All other terms and definitions found in the text of the Agreement are interpreted by the parties in accordance with applicable law. All terms and definitions used in this Agreement, regardless of the number and gender in which they are used, include any other number, singular or plural, and any other gender, masculine, feminine or neuter required by the context or meaning of this agreement or any its article, paragraph, section or clause, as if such words were fully and properly written in proper number and gender.
5. Limitation of Company’s liability
5.1. Company has the right to verify any information posted by the User in the Application.
5.2. Company is entitled, at its discretion, to refuse the User to post and/or distribute any information and/or Content or to delete them.
5.3. Company, including its officers, employees, content creators, visitors, trustees, shareholders, subsidiaries, affiliates, agents, co-owners of copyrights and other partners, explicitly disclaims any liability for any damage/losses that the users of the Application, content providers, and third parties may cause each other/suffer.
5.4. Company is not able to guarantee nor guarantee any specific results expected by Users as a consequence ofuse of the Application.
5.5. No provision of this article of this Agreement shall be adopted as such which is intended to exclude or restrict the liability of the Company if such liability can not be limited or excluded by applicable law.
5.6. By accepting this Agreement by using the Application, the User assumes full and unconditional responsibility for keeping communication with other users, content providers, and also recognizes and accepts the fact that:
a) Company, through the Application, is the only intermediary in communication with other visitors and content providers,
b) Company has no connection with the information posted by the users and content providers in the Application, does not verify content, authenticity and safety of such information, as well as its compliance with the requirements of applicable legislation and the presence of the scope of rights required to its distribution and/or use by the users.
5.7. Posting information in the Application or offering it for posting or otherwise, the User is solely responsible for its compliance with applicable law, including liability to third parties in cases where posting such information in the Application breaches rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual property rights of third parties, and/or encroaches on non-material values owned by them.
5.8. User shall independently assess all risks associated with the placement and distribution of any information, including assessment of its safety, completeness and reliability.
5.9. Taking into account the considerations set forth above in this Agreement, the Company, including its officers, employees, trustees, shareholders, subsidiaries, affiliates, agents, co-owners of copyrights and other partners, shall under no circumstances be liable to the Users or any third party, whether Company was informed or not about the possibility of adverse effects, including moral or material damage for:
a) incorrect, false or inaccurate data specified by the Users of the Application or related to the Application, whether this error or inaccuracy was caused by Users, equipment or software related the Application or used in the Application or not;
b) behavior of any Users of the Application online or offline;
c) any loss or damage incurred by Users of the Application or third parties due to the actions (omissions) of another Users of the Application or any third parties related to such User of the Application;
d) violation of copyright and other rights of third parties by the Users when publishing information and Content;
e) any errors, omissions, delays, deletions, errors, delays in work or transmission, faults of data transmission lines, theft, destruction, modification or unauthorized access to the User's messages;
f) malfunctions or technical problems with electronic communications, computer systems for operational processing of information, servers or Internet providers, computer equipment, software, failure to deliver e-mail or failure of players caused by technical problems or overloading the Internet or any website, or presence of several of the above factors, including harm or damage caused to the Users or other persons or their property, as a result of or in connection with participation in the Application’s work and of the use of the Application;
g) losses or damages caused to the User as a result of the use of the Application, and/or for any data transmitted by the Application’s Users to each other;
h) any loss of data, income, business or profit (direct or indirect) that the Application\s Users may incur;
i) content of promotional materials, as well as for the accuracy or appropriateness of the information, data, opinions, recommendations or statements contained on the websites the links to which the Appendix may contain;
j) any loss or damage incurred by Users due to the availability of commercial web Applications and/or any other third party web Applications, as well as expectations and representations caused by any advertising, products, services or content and materials offered by such third parties web Applications, as well as for any transactions with service and goods providers;
k) loss of profit as a result of the Application use.
5.10. In any circumstances, the Company’s liability is limited to the payment received from the User and is imposed on the User solely.
6. Creation of User’s Account
6.1. User’s registration
a) In order to use the Application or some of its separate functions (free and paid services), the User shall undergo a registration procedure, based on which his unique account will be created for the User.
b) When registering, the User shall complete the registration form and enter the email that is used to get access to the User's new account. The Company may also implement registration procedure using social network accounts or other electronic services of the User.
6.2. For registration, the User has to to provide reliable and complete information about themselves answering the questions proposed in the registration form and shall maintain this information up-to-date throughout the period of use of the Application.
6.3. If the User provides inaccurate information or the Company has reason to believe that the information provided by the User is incomplete or unreliable, the Company has the right, at its discretion, to block or delete the User's account and refuse the User to use the Application.
6.4. The Company reserves the right to require the User at any time to confirm the data specified during registration (in particular, identity, email and age), the failure to provide which, at the discretion of the Company, may be equaled by the Company to the provision of false information and result in blocking or deleting the User's account.
6.5. User’s account
a) Personal information contained in the User’s account, as well as used by them when working with the Application, is stored and processed by the Company in accordance with the terms of the Privacy Policy.
b) Possibilities to use the Application by the User (creating an account, publishing and exchanging images, videos, text messages, other files and other electronic bonuses, possibilities to buy, transfer and use them etc.) are stipulated in the Application or in the new version of this Agreement, at the sole discretion of the Company.
c) The procedure for credit credits, their purchase and use in the User's account are stipulated in the Application or in the new version of this Agreement at the sole discretion of the Company.
d) The User, using this Application, confirms their unconditional consent with the procedure of purchase, crediting, provision and use of credits in the Application and its other Services.
e) If necessary, the User can change the password to access the Application from his account.
f) The User shall independently ensure the confidentiality of his password.
g) The User is solely responsible for all actions, as well as their consequences, within the use of the Application under the User’s account, including cases of voluntary transfer by the User of data for access to the User account to third parties on any terms (including contracts or agreements). Therewith, all actions performed under the User’s account are deemed to be performed by the User himself, unless the User notified the Company of the unauthorized access to the Applicationwith the User’s account and/or any other violation (suspected violation) of the confidentiality of his password.
h) The User is obliged to immediately notify the Company about any unauthorized access to the Application using the User's account and/or about any violation (suspected violations) of the confidentiality of his password.
i) For safety reasons, the User shall independently and safely shutdown his account at the end of each session of the Application use. The Company is not responsible for any possible loss or damaged data, as well as for other consequences of any nature that may be due to violations of the provisions of this clause of the User Agreement.
j) The User is not entitled to reproduce, repeat, copy, sell or resell, and also be used for any commercial purposes any of the Application’s parts (including content available to the User through the Application), or access thereto, except in cases when the User received such permission from the Company.
6.6. Deletion of User’s account
a) The User has the right to delete his account at any time or to terminate it with respect to some of them by contacting the Company or using the respective function in the Application, if any.
b) The Company has the right to block or delete the User’s account, as well as to prohibit access to the Application to any account and to remove any content without explaining the reason, including the event of violation of the Agreement or the terms of other documents stipulated in the Agreement by the User, and if the User does not use the Application for more than 1 year.
7. Obligations of the Application’s user. Using the Application, the Гser unconditionally and fully assumes the following obligations:
7.1. the User represents and guarantees that they will not use the Application in places, countries or regions in which such actions are or could be considered a violation of any law, regulation, rule, ordinance, decree or custom.
7.2. The User agrees that he will not allow minors’ access to the Application and will not allow minors to communicate via the Application or to perform other actions possible with the Application. The User agrees that he will act prudently in order to restrict access to the Application to minors, including by accessible means of parental control (software that blocks specific Applications and resources, filtering, etc.).
7.3. The User represents and warrants that he will not record and post on the Internet or in any other way distribute and/or disclose the content of personal conversations and other confidential information, if the matter does not concern the information about the crime of any severity.
7.4. The User assumes personal responsibility for truthfulness of any information that they provide to other Users of the Application and Company.
7.5. By posting a photo in the Application, the User confirms that this photo is their image. The photos with erotic content are not allowed, and in case of their illegal placement, the responsibility rests with the User. The User assumes full responsibility for moral and any other damage to third party before relevant legal authority.
7.6. The Users confirms that they are fully aware of and unconditionally accepts the Application’s Privacy Policy.
7.7. The User unconditionally agrees to comply with all the terms of this Agreement, as well as the rules established by the Company in individual products of the Application, including chat rules, safety rules etc., if they are developed and posted by the Company both as a separate document and information posted in the Application.
7.8. The Users also confirm that they accept the limitation of liability from the Application and the Company.
7.9. The User agrees not to use any devices, software to the detriment of the Application, do not circumvent act in circumvention of normal procedure, do not interfere and do not try to interfere with the standard functioning of the Application.
7.10. The User agrees not to take any action that will cause unnecessary or disproportionately large load on the Company's server.
7.11. The User undertakes to notify the Company if he learns the information that the intruders are preparing a cyber-attack directed against the Application.
7.12. The user authorizes the Application to send him the information related to the Application and its services.
8. Regulations for the use of the Application. It is prohibited to the User to:
8.1. use the Application and express his consent with the agreement if:
a) according to the law of the country of the User’s residence or of the country from which the User accesses the Application, its use is contrary to applicable law or there are legislative regulations that may subject the company to any registration requirements in such jurisdiction or impose additional legal obligations on it;
b) the User has not reached the age of majority and/or the age from which they can enter into a legally binding contract with the Company;
c) the User is a person who is legally prohibited from receiving or using the Application in accordance with the legislation of the country of the user’s residence or of the country from which the user accesses or uses the Application;
d) post on any page and in any chat of the Application the following materials: insults, defamation, swear words, information related to violence and/or sexual and other harassment, pornographic or other immoral information; materials calling (even indirectly) to cruelty, terror or violence; materials that (even indirectly) discredit users or other persons, contain threats, swear words and expressions, calls for violence, cause (even indirectly) or could cause damage to honor, dignity and business reputation of the user or business reputation of third parties, as well as any other materials that may offend human dignity, religious and other feelings; any materials in breach of applicable law and generally accepted standards;
e) conduct propaganda or agitation generating social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious, linguistic superiority and other forms of intolerance;
f) advertise any goods or services, and use the Application for any advertising without the prior written consent of the company;
g) convince other registered users of the Application to buy or sell any products or services;
h) post on the Application’s pages the information that does not correspond to the User's data filled by the latter when registering in the Application;
i) post in the Application the images of other persons or fictional characters, images of animals, objects, abstract images as own photo, as well as any other graphic images that are not images of the person placing such images;
j) post any program code or information about other means of communication on the internet;
k) use any automatic or automated means to collect information, content placed in the Application and to perform any other collection of personal data of other users with the purpose of their subsequent processing, i.e. actions (operations) with personal data, including without limitation, their collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution;
l) breach copyright of third parties when publishing content or sending messages in the Application; place or broadcast in the Application the copies of legally protected intellectual property or parts thereof if the user has no relevant exclusive or non-exclusive but sufficient rights to such use (if the User publishes other people's materials in the Application, only he is fully responsible for such breach);
m) post in the Application, transmit via personal messages or video broadcasts the information of restricted access (confidential information), if the User is not an owner of this information, i.e. a person who independently created this information or received the right to authorize or restrict access thereto under the law or contract, or is its owner, but, by virtue of the law or the terms of the agreement under which the User was transferred such information, does not have sufficient right to disclose this information in a similar manner;
n) in a vulgar and natural way, show naked male and female sexual organs, sexual intercourse, other pornographic content in the Application;
o) post/send in the Application the Materials that contain images of other persons, if the Content was created/distributed without consent of these persons, as well as children in any case, even if the User is present in such Materials;
p) post in the Application the materials, which content is unlawful in the country of the User’s permanent residence or the country from which the User accesses the Application;
q) post in the Application personal data, including contact details, of other Users or other persons without their prior consent;
r) post in the Application the materials with the participation of third parties without their prior consent, except cases provided by law;
s) register several accounts for the same person;
t) carry out actions aimed at destabilizing the Application’s functioning, attempt unauthorized access to the control of the Application or its closed sections (sections that are only accessible by the Company), and any other actions that may be regarded as a network attack;
u) use the Application for any commercial purpose without prior permission from the Company;
v) sell or transfer the account to another User.
9. Company’s rights. Using the Application, the user agrees that the company reserves the right to:
9.1. make any modifications to the Application at its sole discretion, including without limitation, determine the set of the Application’s services, its structure and appearance;
9.2. solely resolve the issues related to the commercial use of the Application, in particular the issues of the possibility of advertising in the Application, participation in partner programs etc.;
9.3. reproduce, distribute, translate and redo, publish materials that the user adds to the Application;
9.4. partially or completely interrupt the provision of the services in the Application, in connection with technical works to improve or restore performance of the Application;
9.5. offer and provide services (free and paid objects for sale) to the users of the Application;
9.6. make any changes in types and cost of services and the terms of their action at its own discretion;
9.7. delete or edit materials posted by the User, if they do not comply with the terms of this Agreement, cause or may cause damage to the company and/or to third parties;
9.8. at any time, refuse the user and /or limit provision of any services to him without explaining the reasons;
9.9. perform day-to-day management of the Application;
9.10. the company has the right, but not the obligation, to exchange virtual items used in the appendix, for money, payment for services in the user’s interests;
9.11. the company has the right, but not the obligation, to moderate the materials placed by the users in the Application;
9.12. request the User to confirm his/her age for access to the Application;
9.13. • at its own discretion, block or delete the user’s account and also refuse the user to use the Application;
9.14. delete accounts of the users who have not used their account for a long period of time over 1 year);
9.15. transfer the rights received from the user under this agreement to third parties for the purposes of this agreement without the user's additional consent.
10. Information support of the User by the Company
10.1. In case of questions how to use the Application, the User has the right to apply to the Company via channels of communication with the Company available in the Application at that time, which may include live chat, e-mail, messenger assistance, etc.
10.2. If nothing other is installed (new means of feedback are added), the User in any case has the right to apply for information support to the Company by email.
11. Safety
11.1. The Company undertakes to take every possible effort to make the Application safe, but can not guarantee this.
11.2. Using this Application, the User confirms and agrees that the Company can not ensure the safety of the devices, through which the Users access the Internet (personal computer, mobile devices, etc.) and the information stored on these devices (passwords, account information, etc.).
11.3. The Company strongly recommends that the Application’s Users ensure safety of the devices through which Users access the Internet and securely store passwords and information about their accounts.
11.4. Using the Application, the User acknowledges and agrees that he is personally responsible for:
a) ensuring safety of the device through which the User accesses the Internet;
b) storing passwords and information about accounts.
11.5. The User acknowledges and agrees that neither the Company nor other Users nor any other third parties are liable for losses incurred by the User due to the fact that the User did not provide required safety level for the device through which he accessed the Internet, disclosed or trusted others or improperly stored information about passwords or accounts.
12. Advertising, promotions, links to other websites and resources in the application offered by the company and third parties
12.1. The Application may contain ads and links to other Internet websites (third party websites) as well as articles, photos, illustrations, graphics, music, sounds, videos, information, Applications, programs and other Content owned or originating from third parties (third party Content).
12.2. User who accepted this Agreement by starting to use the Application/its individual functions, either by passing the account registration procedure in the Application, gives his unconditional and full consent to receive advertising materials in the Application, as well as receiving e-mails at the address specified during registration, advertising materials, including third-party Content.
12.3. The specified third parties and their Content are not verified by the Company for compliance with certain requirements (reliability, completeness, good faith, etc.).
12.4. The Company is not responsible for any information posted on third party websites, to which the User gets access through the Application or through third party Content, including, any opinions or statements expressed on third party websites or their Content.
12.5. The link to any website, product, service, any information of commercial or non-commercial nature, placed in the Application, is not an approval or recommendation of these products (services) by the Company. The Company is not responsible for the completeness and reliability of the information in articles and ads posted in the Application.
12.6. If the Users decide to leave the Application and go to third-party websites, they do so at their own risk, and from that time, this Agreement no longer applies to the Users. In their subsequent actions, the Users should be guided by applicable rules and policies, including business practices of those persons, whose Content he intends to use.
12.7. In the event of claims against the Content not owned by the Company, the User has the right to apply directly to the owner of the contested Content to settle the dispute.
12.8. The Company does not bear any responsibility or any liabilities for causing any damage or loss incurred as a result of interaction of Users with advertisers when accessing the advertisement placed in the Application. In these cases, all conflict situations are settled directly between the advertiser (contractor) of such services and the User on his own. In doing so, the Users are required to notify the Company of such situations in order to avoid their repetition in the future by posting the information of such advertisers in the Application.
13. Intellectual property rights
13.1. The company is the owner as well as the objects of intellectual property with which the Application functions, including but not limited to: software, texts, photos, video materials, graphic images, music and sound works, trademarks, trade names, which are protected in accordance with the provisions of the Universal Copyright Convention, the World Declaration on Intellectual Property with all modifications and amendments, as well as other provisions of the applicable law.
13.2. The rights to the said intellectual property are limited only by the "right to use", and none of the provisions of this Agreement imply transferring any exclusive intellectual property rights of the Company to the User.
13.3. The Company grants to the User the right to use objects of intellectual property exclusively for personal non-commercial purposes with obligatory active link to the Application.
13.4. The User, posting his Materials in the Appendix, grants the Company and other Users the right to use them for the entire duration of the copyright on such Materials in accordance with the provisions of the Universal Copyright Convention, the World Declaration on Intellectual Property with all modifications and amendments, and other provisions of applicable law.
13.5. The Company does not pre-verify the User's materials for violation ofcopyright and/or other rights and interests of other persons, and takes actions to protect the rights and interests of individuals only when the interested person applies to the Company in accordance with the procedure specified in the Agreement and the Application.
13.6. The Company does not bear any liability for illegal use by Users of the Application’s Materials that are subject to any rights of third parties to intellectual property.
14. Acceptance of public offer for services by the user
14.1. General provisions of the acceptable of public offer by the User:
a) The Company allows you to access certain premium features or content in exchange for a one-time or recurring fee, as applicable to the relevant features or content. The paid services include credits purchases to open individual photos/videos and send donations to users , performer posts subscriptions and other services that may be offered in the future.
b) The Company undertakes to provide the User with the services in the form of the Objects for Sale selected by the User in a manner, and the User undertakes to pay the Company their prices and ways, depending on the User's choice of the Object for Sale.
14.2. Payment procedure
a) The Company accepts payment via the current payment method indicated before the purchase. You must have a valid accepted form of payment on file in order to purchase paid services or participate in free trial offers or other free offers related to the paid services. You must abide by any relevant terms of service or other legal agreement, whether with the Company or a third party, that governs your use of a given payment processing method. Prices for any paid service may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. You will pay for any paid service that you order. The Company will charge your credit card or other form of payment for the price listed on the relevant paid service offer, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. If you purchase any automatically renewing subscriptions, you hereby authorize the Company to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, the Company may immediately revoke your access to any paid service you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, the Company may cancel your subscription.
b) Access to the Object for Sale is granted to the User, according to the present Agreement, on the conditions of 100% advance payment.
c) The prices in the Application are quoted in EURO.
d) If the User pays in another currency, the money will be converted according to the current exchange rate of the User's bank.
e) The prices in the Application are quoted including VAT.
f) The User agrees that the Company does not bear any liability to him and other Users of the Application for changing the ways to credit the account, as well as for changing minimum amount to credit the account in the Application.
g) Money credited by the User to the Company account are non-refundable.
h) The User can also contact the Company regarding any questions arising regarding payment of services in the Application by e-mail.
i) The Object for Sale is considered paid when the money paid for the Object for Sale is credited to the Company's account.
14.3. Subscription Cancellations. If you purchase a subscription to a paid service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the paid service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. To cancel a subscription, login to umhero.com and cancel the subscription from your dashboard or contact the payment processor that you subscribed through.
14.4. Provision of the Object for Sale/ termination of Services
a) Paid services under this Agreement are deemed to be provided with proper quality, and the Object for Sale is deemed to be provided by the Company upon its provision in the User's account and received by the User, and also accepted by the User if he has no claims within 2 (two) calendar days, without sending a return receipt by the User to the Company.
b) The Company is not responsible for reliability, practical applicability and value of the Object for Sale to the User.
c) The Company is not responsible for the manner in which the User used the Object for Sale in the Application, as well as for achieving any results related to practical implementation of the Object for Sale in the Application. Any acquisitions in the Application are made by the User at his own risk (necessary acquaintances, maintaining communication, etc.).
d) The Company may specify in the Application a different procedure for providing the Object for Sale.
e) When the User commits in the Application any alleged or actual fraudulent or other unlawful actions, and actions that the Company or any other User of the Application considers to be reprehensible, the Company has the right to immediately cease providing all services to this User and waive all other obligations to him. The Company may immediately notify any suspected fraudulent and criminal actions to the relevant state authorities.
15. FORCE-MAJEURE
15.1. The parties are exempt from liability for full or partial failure to fulfill their obligations under the Agreement in the event that failure to fulfill the obligations was a consequence of force majeure events, namely: fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties.
15.2. In the events provided for in clause12.1 of this Agreement, the time for fulfillment of the Party’s obligations under this Agreement shall be postponed in proportion with the period during which such events and their consequences operate.
15.3. If the events listed in clause 12.1 of this Agreement and their consequences continue for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative ways to perform this Agreement or the Company shall, at its sole discretion, terminate this Agreement.
15.4. The Parties acknowledge that the insolvency of the Parties is not a force majeure.
16. User’s responsibility for breach of this agreement
16.1. The User agrees that he is solely and completely responsible (and that the Company is not liable to the User or any third parties) for any breach of its obligations by the User under this Agreement, and for all consequences of such breaches, including any loss or damage , which the Company may incur.
16.2. The user is fully responsible for the content of the information that he posts in the Application, and the User is responsible for maintaining and confidentiality of the data required for authorization in the Application, subject to the reservations and provisions of the Privacy Policy.
16.3. The User is fully responsible for maintaining communication with other Users, the Company through the Application is only an intermediary providing a platform for such communication.
16.4. The Company reserves the right:
a) in the event of the User’s violation of the provisions and rules established by this Agreement, temporarily suspend for an indefinite period the User's access to the Application or its individual Services, and in case of repeated or gross violation of the provisions of the Agreement - to block the User's account;
b) for security reasons, temporarily suspend or block for an indefinite period the User's access to the Application or its individual services without explaining the reasons and without paying the money spent on the purchase of the Objects for Sale;
c) The Company does not consider and settle the disputes and conflict situations arising between the Users, but reserves the right to block the User's access to the Application in case it receives repeated notices from other Users about violations of this Agreement by the User.
d) If, as a result of the User's publications, the copyright and other rights of third parties were violated, and the claim was filed against the Company, the User must compensate the Company for all the damage and costs related to the claim.
17. DISPUTE SETTLEMENT PROCEDURE
17.1. Complaint procedure for the pre-arbitration settlement of disputes, disagreements or claims arising from this Agreement or related to its execution, violation, action, termination or interpretation is binding on the Parties.
17.2. Complaint letters are sent by the Parties by email at the address specified by the User during registration, and to the Company email.
17.3. The time for consideration of the complaint letter is 10 (ten) working days from the date of its sending to the addressee.
17.4. Unless otherwise specified in this Agreement or in the Application with respect to the individual terms of use of the Appendix by the User, applicable law under this Agreement is the substantive law of the European Union with the priority of international norms.
18. Use and organization of electronic document flow between the parties
18.1. All notices, messages, complaint letters are sent by the Parties to an email specified by the User during registration, and to the Company's address to email. The Company also reserves the right to send notices, messages and complaint letters to the Users using other Application’s Services.
18.2. Moreover, all notices and messages sent by the Parties to each other at the above emails are acknowledged by the Parties as official correspondence within the framework of this Agreement.
18.3. The date of sending an email message is the date of transmission of the respective message.
18.4. The responsibility for receiving messages and notices in the above way lies with the receiving Party.
18.5. The party sending a message is not responsible for the delay in the delivery of message, if such delay resulted from malfunction of the communication systems, actions/omissions of the providers or other force majeure.
18.6. In the event of dispute between the Parties concerning the compromise of electronic communication means or sending a notice, letter or other document by an unauthorized person, the Party that made such a declaration shall prove such circumstances.
19. Confidentiality
19.1. By accepting this Agreement, the User also expresses his acceptance and unconditional consent with the Application’s Privacy Policy.
19.2. The Company undertakes not to sell, provide for use, exchange or otherwise transfer to any third parties any personal data of the User and /or data on traffic or content of conversations without the express consent of the User, except as provided by applicable law, the provisions of this Agreement and the Application’s Privacy Policy.
20. Period of validity of the agreement
20.1. By starting to use the Application/its individual functions, or having passed the registration procedure, the User fully and unconditionally accepts all terms and conditions of this Agreement without any observations or objections. The Agreement comes into force when the User expresses his consent according to the above procedure and shall be valid throughout the entire period of use of the Application by the User.
20.2. Therewith, the provisions of the Agreement, which, according to their terms,shall be in effect even upon expiration or termination of this Agreement, will remain in force upon expiration or termination of this Agreement.
21. Final provisions
21.1. This document, subject to the reservations and references contained herein, is an exhaustive Agreement between the User and the Company, which determines terms and conditions of use of the Application.
21.2. In case of disagreements, the text of the Agreement posted in the Application will prevail over any other text of the Agreement.
21.3. In cases not specified in the Agreement, the relations between User and Company shall be governed by applicable legislation.
21.4. The Parties agree that if any provision of the Policy becomes invalid during its period of validity as a result of the provisions of the applicable law, modifications to the legislation, remaining provisions of the Policy are binding on the Parties during the entire period of validity of the Policy.
21.5. The Users hereby confirm that they have read and accept in full (without any additional reservation) the terms of Agreement. The User hereby undertakes to comply with the terms and conditions of the present Agreement in his relations with the Company.
22. Company’s details:
UMHERO LP
Registration number: LP022894
Address: 85 Great Portland Street, First Floor, London, W3W7LT, United Kingdom
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