Terms of Service

CMS

Terms of Service

   Last updated:   April 20, 2015 

  1. Acceptance

    Please read these Terms of Service (the “Terms”) carefully because they are legally binding on you when you download and/or use the uVite mobile application (the “App”). The App is owned and operated by uVite LLC, a California limited liability company (“We,” “Us,” or “Our”). By accessing the App, you indicate your acceptance of these Terms, as well as our Privacy Policy available at http://web.uvite.me/privacy. If you disagree with any provision of the aforementioned documents, you may not use the App.

  2. Disclaimers 

    1. Venue. Users of the App can create events (e.g. happy hours, tennis matches, study groups, buying concert tickets) and invite their friends. Friends who also have the App will get alerts and emails. Friends who don’t have the App will receive emails and SMS. The App will access the user’s contact list to check for other users, get email and phone numbers to send messages. OUR APP IS A NEUTRAL PLATFORM THAT IS NOT A PARTY TO ANY USER ACTIVITIES. WE ARE NOT RESPONSIBLE FOR ANY CONDUCT OR CONTENT PROVIDED BY THE APP USERS. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONTENT, CONDUCT AND ARRANGEMENTS. WE ARE NOT LIABLE FOR ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT COMMITTED USING OUR APP.

    2. No Warranties. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. We do not guarantee that any content provided on the App is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

    3. Limitation of Liability. IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED ONE HUNDRED US DOLLARS. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER ONE YEAR FROM THE DATE THE UNDERLYING CAUSE OF ACTION AROSE.  

  3. Intellectual Property 

    1. IP Ownership. uVite LLC owns all intellectual property rights to the App. App features, look and feel, design, registered and unregistered trademarks are protected by the US and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

    2. Use License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access the App solely for your personal, non-commercial use.

    3. User Content. Users, not uVite LLC, are solely responsible for their posts and other content. We do not claim ownership of any content submitted through our App. By submitting any content through the App, you hereby grant us a nonexclusive worldwide license to reproduce, use, display, perform, distribute, and create derivative works based upon your content for the purposes of developing and promoting the App in any reasonable manner we deem appropriate, subject to our Privacy Policy available at http://web.uvite.me/privacy. We are not a backup service and we will not be responsible for loss of your content.

    4. Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our App will be investigated if reported to our designated Copyright Agent via email: [email protected]. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.

    5. Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates and licensors, officers, directors, employees, contractors, agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Service or your use of the App, including, without limitation, any content submitted by you.

  4. User Obligations

    By accessing the App, you represent, warrant and agree that:

    1. You are solely responsible for the content you submit to or through the App. Your content will not infringe third party intellectual property rights, contain false, misleading or defamatory information.

    2. You assume all risks and all costs associated with your use of the App, including, without limitation, any Internet access fees, third party data charges and back-up expenses.

    3. We may contact you for reasons relating to your use of our App.

    4. We may terminate any user account with or without notice using our sole reasonable discretion.

    5. You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

    6. You will treat all App users and administrators respectfully, online and offline.

    7. We may withdraw or change our App in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the App is unavailable at any time or for any period to registered users or visitors.

    8. We have the right to disable any user identification provided by our App and disable your whole account on our App at any time for any reason or no reason without notice or explanation.

  5. Prohibited Conduct

    You must not:

    1. Submit false, inaccurate, misleading, fraudulent, defamatory, abusive, obscene, offensive, threatening, harassing, discriminatory or other objectionable content. We reserve the right to judge what constitutes “objectionable” content.

    2. Post any confidential or private information, such as credit card information, social security numbers, private phone numbers or private email addresses.

    3. Use the App for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.

    4. Use the App to stalk, defame, bully, threaten or intimidate anyone.

    5. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

    6. Impersonate any other person or entity. 

    7. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication (spam) without our prior written consent.

    8. Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the App.

    9. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App.

    10. Otherwise attempt to interfere with the proper working of the App or anyone’s use and enjoyment of it.

  6. Monitoring and Enforcement; Termination

    We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms of Service, infringes any intellectual property right or other right, threatens the personal safety of users of the App and the public. We may:

    1. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the App.

    2. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

    3. Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Service.

    4. Take appropriate legal action. 

  7. Linking to the App

    1. You may link to our App in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

    2. You must not establish a link from any website that is not owned by you.

    3. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

  8. Disputes Between Users

    As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. We reserve the right, but have no obligation, to facilitate and resolve disputes between App users.

  9. Assignment

    You may not assign your rights and obligations under these Terms of Service without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Service, at our sole discretion, without obtaining your consent.

  10. Governing Law and Jurisdiction

    These Terms of Service shall be governed by the laws of California, without regard to its conflict of law principles that would result in application of any other law. Any dispute, controversy or claim arising out of your use of this App shall, upon the request of any party involved, be submitted to and settled by binding arbitration in San Francisco, CA, pursuant to the rules then in effect of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, State or Federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel. This Section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of these Terms. You understand that THIS CLAUSE MEANS YOU WAIVE YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

  11. Severability and Non-Waiver

    1. Should any part of these Terms of Service be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Service should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

    2. Enforcement of these Terms of Service is solely in our discretion, and failure to enforce the Terms of Service in some instances does not constitute a waiver of our right to enforce them in other instances.

  12. Modifications of these Terms

    We update these Terms of Service every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the App following the posting of revised Terms of Service constitutes your acceptance of the changes. 

  13. Contact Us

    Please direct your questions, comments, feedback, requests for technical support and other communications relating to the App to our customer service representative at [email protected]