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Terms and Conditions

This website is controlled, operated and administered by Ubermorgen Ltd (“Ubermorgen,” “we,” “our,” or “us”). All inquiries should be submitted via the Contact form on the website.

Your access to and use of this website (“Website”) is subject to the following terms of use (“Terms of Use”) and all applicable statutes, orders, regulations, rules, and other laws.

By accessing and browsing the Website, you accept and agree to be bound by these Terms of Use.

We reserve the right to change (or to suspend) the Terms of Use, or the Website, or any person’s access to it, or any part of it, either permanently or temporarily without notice. Your continued use of, and access to the Website conclusively demonstrates your acceptance of the current Terms of Use.

You agree that neither we nor any entity connected to us in any way shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or its Terms of Use.

Permitted Use

The Website, all of the information and materials contained herein, and the software used to make the Website available (collectively, “Content”) are and shall remain the property of Ubermorgen and its licensors and suppliers, and is protected by all applicable laws. You do not acquire any right, title or interest in or to the Content or any part thereof by virtue of accessing the Website or making use of the Content for any of the permitted uses allowed under these Terms of Use.

Copyright

Ubermorgen neither warrants nor represents that any use of the Content made available on this Website will not infringe rights of third parties. The use of any Content by you, or anyone else permitted or authorized by you, is prohibited unless specifically permitted by these Terms of Use.

Trademarks

The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights, and other properties appearing or displayed on the Website (collectively the “Trademarks”) are protected intellectual property under applicable laws. Nothing contained on the Website should be construed as granting any license or right to use any Trademark.

Unauthorized Use or Access

You may not take any action to interfere with the Website or any other user’s use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user’s experience.

While using the Website you will comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, you will respect the rights and dignity of others.

In using the Website, you will not do any of the following:

Post, upload, or otherwise make available:
Anything that is or might reasonably be considered to be (a) threatening, harassing, degrading, hateful or intimidating; (b) illegal or unlawful, or( c) otherwise objectionable.
Anything protected by copyright, or other proprietary right without the express prior consent of the holder of such right.
Any virus or other computer code, file, or program that is harmful or invasive or which may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any advertising, promotional material, including “junk mail,” etc, or any other form of solicitation.
Any material or sensitive, non-public information about any entity.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Website or anything connected with its operation.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
Frame or mirror any part of the Website, or
Post information about any person without their express permission.
Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining any equipment, and/or service, needed to access and/or use the Website, and for paying all charges related thereto.

International

The Website is governed by the laws of England and Wales, and is not intended to subject Ubermorgen to any other laws or jurisdiction. You hereby expressly consent to the exclusive jurisdiction of and venue in the courts of England and Wales, and waive any objection to such applicable law or courts.

Ubermorgen does not represent or warrant that the Website or any part thereof is appropriate or available for use in any other jurisdiction. Anyone who chooses to access the Website does so on their own initiative, and must comply with all laws applicable to any such action.

If you provide any personal data, it may be stored by Ubermorgen and/or by its third party service providers, in venues which may be located in countries where privacy rules differ and may be less stringent than those of the country in which you reside.

Information submitted

If you submit information or content to the Website, you confirm: (a) that you have the authority to provide any such information or content to us; (b) that all such information or content may be used by us for the purposes intended (and/or described) in these Terms of Use; and (c) that all such information or content is (and at all material times will remain) true, accurate, and complete in all material respects.

Content

Any user content shared through the Website may become publicly accessible and will not be subject to any confidentiality restrictions. To the extent necessary, you grant to us a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you:

to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such user content, in any media now known or hereafter developed,
to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law,
to use any content supplied in any and all media and for advertising or promotional purposes, whether or not in connection with your submission,
to attribute posts to you by name, and
to “tag” posts to any social media account maintained by you.
The foregoing licenses shall survive any termination of your use of the Website. You further, to the extent permissible by law, irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of user content that you submit.

If you send us any ideas or suggestions, regardless of the topic, we may use them for any purpose whatsoever.

Actions in relation to content

In relation to all user content we reserve the right, at our sole discretion, before or after allowing it to be posted, to take any reasonable action to protect Ubermorgen, and any of its affiliates, employees, officers, directors, shareholders, agents, and representatives, and the Website’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. We shall however have no obligation or liability to you for failure to do so or for doing so in any particular manner.

Your use of any third party content (or website to which a link is provided) is entirely at your own risk. We are not responsible for, nor

do we endorse, any such content or any such website.

Privacy

We take your privacy seriously. Please refer to our Privacy Statement for information about how we collect, use and disclose information about you.

DisclaimersTechnical Disclaimer

The Website and any Content may:

Contain technical inaccuracies or other errors.
Not be 100% reliable, complete, error free, or compatible with any particular hardware.
Be interrupted, and/or
Contain viruses or other harmful components
Your use and browsing of the Website is at your risk.

General Disclaimer

Without limitation, no warranty is given by Ubermorgen or by any other person in relation to any element of this Website, including its content, use, availability, security, defects, or compatibility, or the presence of viruses or other harmful components.

Neither Ubermorgen nor any other party involved in creating, producing, or delivering the Website or any of its content, is liable for any losses, direct, incidental, consequential, indirect, or punitive arising out of or in connection with your access to, or use of, the Website, its features or any content made available through the Website. Where this disclaimer is limited by any applicable law, it applies to the maximum extent permitted by such applicable law.

Indemnification

You agree to defend, hold harmless and indemnify Ubermorgen, and their respective affiliates, officers, directors, employees, consultants, agents, shareholders, members, equity holders and representatives, from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including legal fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; (ii) your use of the Content or services available on the Website in any unauthorized manner; or (iii) any content that you provide.

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Miscellaneous

By using the Website, you agree to be bound by these Terms of Use.
Notices to you may be made via posting to the Website, by e-mail, or by regular mail, in Ubermorgen's discretion (in the latter two situations, via the most recent address that we have on file).
The Website may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices.
By visiting the Website or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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