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UGOSAPP/ Website Partner Terms Of Service And User Policy

    Terms of Service

  1. Thank you for using UGOSAPP and Website! These terms of service (the "Terms") govern your access to marketing campaigns (the "Content Submissions") and use of UGOSAPP and Website services (the "Services"), so please carefully read them before using the Services.
  2. By using the Services you agree to be bound by these Terms:

  3. If you are using the Services on behalf of an organization or yourself, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
  4. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with UGOSAPP/WEBSITE and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
  5. Privacy

  6. By using our Services you provide us with information, content, and campaigns that you submit to UGOSAPP/ WEBSITE.
  7. Our Services allow you to submit marketing content, promotions, offers, text, events, photos and other communications (collectively, the "Content Submissions") aimed at your customers, and other users of UGOSAPP/ WEBSITE Service. Our Services adhere to the Data Protection Act 1998 and you will be expected to act within the guidelines of Data Protection Act 1998.
  8. Acceptable Use Policy

  9. You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the UGOSAPP/ WEBSITE Acceptable Use Policy.
  10. You will submit Content Submissions that will be hosted, shared, and/or published as part of the UGOSAPP/ WEBSITE Service. Direct messages and photos or files that you send directly to your customers and other users of UGOSAPP/ WEBSITE based on location data will only be viewable by those user(s) or group(s) within the prescribed location.
  11. You acknowledge and agree that any Content Submissions may be globally viewed by users that use the service, so ensure terms and conditions apply. Otherwise don't submit content or photos without terms and conditions if you don't want them to be seen globally.
  12. As clarified in the following section, you retain your ownership rights in your Content Submissions. You understand that whether or not such Content Submissions are published, UGOSAPP/ WEBSITE do not guarantee instant results with respect to any submissions.
  13. Because UGOSAPP/ WEBSITE is only acting as a digital channel, your submitted content does not necessarily represent the views or opinions of UGOSAPP/ WEBSITE and makes no guarantees as to the validity, accuracy or legal status of any submissions.
  14. In connection with Content Submissions, you affirm, represent, and/or warrant that:

  15. You retain full ownership to your material. We don't claim any ownership to any of it. These Terms do not grant us any rights to your material or intellectual property except for the limited rights that are needed to run the Services, as explained below.
  16. You own or have the necessary licenses, rights, consents, and permissions to use the content submissions, and authorize UGOSAPP/ WEBSITE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and/or all Content Submissions to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms of Service; and
  17. You have the written consent, release, and/or permission of each and every identifiable Content Submission belonging to someone else other than yourself but used in the manner contemplated by the Service and these Terms of Service.
  18. By submitting the Content Submission to UGOSAPP/ WEBSITE, you hereby grant UGOSAPP/ WEBSITE a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the promoting and redistributing part or all of the Content Submission as part of UGOSAPP/ WEBSITE Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your Content Submission on the UGOSAPP/ WEBSITE Service a non-exclusive license to access your Content Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Content Submission from the UGOSAPP/ WEBSITE Service.
  19. We may need your permission to do things you ask us to do with your material, for example, hosting your campaigns, or sharing them with a specific audience at your discretion. This includes product features visible to you. You give us the permission we need to do this solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
  20. You are solely responsible for your conduct, the content of your campaigns and offers, and your communications with your audience whilst using our Services.
  21. We may choose to review public content submissions for compliance with our community guidelines, but you acknowledge that UGOSAPP/WEBSITE has no obligation to monitor any information on the Services.
  22. We are not responsible for the accuracy, completeness, appropriateness, or legality of campaigns, user posts, or any other information you may be able to run as campaigns using our Services.
  23. In connection with Content Submissions, you further agree that you will not:

  24. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant UGOSAPP/ WEBSITE all of the license rights granted herein.
  25. Publish falsehoods or misrepresentations that could damage UGOSAPP/ WEBSITE or any third party.
  26. Submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  27. Post vulgar language and/or indecent advertisements and promotions to solicit for business.
  28. Impersonate another person or organization.
  29. Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
  30. Interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
  31. Attempt to gain unauthorized access to the Service or its related systems or networks.

    Your Responsibilities:

  1. You will uphold and maintain UGOSAPP/ Website Terms of Service, Privacy, Acceptable Use Policy, and Account Security
  2. You shall be solely responsible for your own Content Submissions and the consequences of posting or publishing them.
  3. You will respect intellectual property rights of other partner's content submissions.
  4. You, and not UGOS, are responsible for maintaining and protecting all of your content submissions.
  5. If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.
  6. You are also responsible for all activity that takes place with Your UGOSAPP/WEBSITE Account, including all use by your employees or other authorized agents, who must comply with all of the terms of this Agreement.
  7. Account Security - You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify UGOSAPP/WEBSITE of any unauthorized use of your account.

    Adult content

  1. In accordance with Adult Content Laws, Media Ethics and Standards, Adult content must be identified as such and not targeted at anyone who is classified as "underage" under the UK Laws.
  2. UGOSAPP/ WEBSITE do not endorse any Content Submission or any opinion, recommendation, or advice expressed therein, and UGOSAPP/ WEBSITE expressly disclaims any and all liability in connection with Adult Content Submissions.
  3. UGOSAPP/ Website will remove all Content Submissions if properly notified that such Content is of vulgar language and/or indecent.

    Copyright

  1. Copyright in the whole and every part of this service is owned by and belongs to Eugene-Osborne Limited t/a UGOSAPP and Website, and may not be used, sold, licensed, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than in accordance with the terms of the Owner's agreement or otherwise without the prior written consent of the Owner. Other Copyrights belong to their respective owners.
  2. Copy Right Infringement

  3. UGOSAPP/ Website do not permit copyright infringing activities and infringement of intellectual property rights via its Service. UGOSAPP/ Website will remove all Content Submissions if properly notified that such Content Submission infringes on another's intellectual property rights.
  4. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section c. 24 of the Digital Economy Act 2010 ):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material and contact details of the UGOSAPP/ WEBSITE merchant user allegedly infringing the copyrighted work;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to info at ugosapp co uk. UGOSAPP/ WEBSITE reserve the right to remove Content Submissions without prior notice. UGOSAPP may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including promoting and advertising material that is of vulgar language and/or indecent nature. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had Content Submission removed from the Service more than once. UGOSAPP/ WEBSITE also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. UGOSAPP/ WEBSITE may remove such Content Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

    Merchant account

    Start up Account

  1. UGOSAPP/ WEBSITE will allow you usage of the system for up to six months free of charge. UGOSAPP/ WEBSITE reserve the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, UGOSAPP/ WEBSITE may delete any or all of Your Content without providing additional notice.
  2. Long term Account

  3. The fees for your UGOSAPP/ WEBSITE Service and Package will be billed from the date you make payment or on each monthly or yearly renewal date thereafter unless and until you cancel your account. A reminder email will be sent to you notifying you of the option to pay after your six months free trial. You will have an option of three packages from which to choose. You acknowledge that the amount billed for your package may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable tax.
  4. Should you elect to upgrade your Account to a larger package, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on the date when you upgraded.
  5. UGOSAPP/ WEBSITE may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.
  6. Payments

  7. UGOSAPP/WEBSITE accepts credit cards and will offer you an option of packages to choose from. If any fee is not paid after the initial "trial", or UGOSAPP/WEBSITE is unable to process your transaction using the credit card information provided, UGOSAPP/WEBSITE reserves the right to revoke access to your UGOS account and campaigns
  8. Cancelling Your Account

  9. Your UGOSAPP/WEBSITE Account will continue in effect unless and until you cancel your account or we terminate it. UGOSAPP/WEBSITE Accounts are prepaid and are non-refundable. UGOSAPP/WEBSITE DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your UGOSAPP/WEBSITE Account at anytime, and cancellation will be effective immediately. By signing up for a UGOSAPP/WEBSITE and providing UGOSAPP/WEBSITE with your payment account information, you hereby agree to these payment terms and conditions.
  10. UGOSAPP/ WEBSITE permit you to link to materials on the Service as described above only. UGOSAPP/ WEBSITE reserve the right to discontinue any aspect of the UGOSAPP/ WEBSITE Service at any time.
  11. Software and Updates

  12. Some use of our Service requires you to download or upgrade a software package ("Software"). UGOSAPP/ WEBSITE hereby grants you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
  13. Limitation of Liability

  14. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UGOSAPP/ WEBSITE, ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT UGOSAPP/ WEBSITE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £20 OR THE AMOUNTS PAID BY YOU TO UGOSAPP/ WEBSITE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
  15. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
  16. Miscellaneous Legal Terms

  17. THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY AND CONSTRUED IN ALL RESPECTS IN ACCORDANCE WITH JURISDICTION COUNTRY LAW (UK), AND THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE JURISDICTION COUNTRY COURTS.
  18. These Terms constitute the entire exclusive agreement between you and UGOSAPP/ WEBSITE with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. UGOS's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but UGOSAPP/WEBSITE may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. UGOSAPP/WEBSITE and you are not legal partners or agents; instead, our relationship is that of independent contractors.
  19. Further Contact

  20. If you email us with your details or any information, it is possible that we may contact you from time to time, in connection with such matters as site announcements, promotional information, product sampling opportunities and research requests. You may, of course, at any time request to be deleted from our database, our contact address is: Email us: success at ugos co uk