Terms of Use

(a) Eligibility: You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.

(b) Registration and Your Information: If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

(c) Accuracy of Account Information: It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

(a) Definitions: For purposes of these Terms – (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

(b) Our Content Ownership: umety does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, umety and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

(c) Rights in User Content Granted by You: By making any User Content available through the Services you hereby grant to umety a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, and publicly display your User Content in connection with operating and providing the Services and Content to you and to other Account holders.

(d) Your Responsibility for User Content: You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by umety on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

(e) Rights in Content Granted by umety: Subject to your compliance with these Terms, umety grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to view and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

(a) Rights in App Granted by umety: Subject to your compliance with these Terms, umety grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device, virtual reality device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes.

Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

(b) Accessing App from App Store: You acknowledge and agree that: These Terms are concluded between you and umety, and not with the App Provider (Apple, Google, Oculus, Steam), and umety is solely responsible for the App.

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that infringes a third party’s intellectual property rights or violates any law.
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure.
• Attempt to access or search the Services or Content through the use of engine, software, tool, agent, etc. other than generally available browsers.
• Interfere with, or attempt to interfere with, the access of any user, host or network.
• Impersonate or misrepresent your affiliation with any person or entity.

(a) Mandatory Arbitration of Disputes: We each agree that any dispute, claim or controversy arising out of or relating to these Terms will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.

(b) Exceptions and Opt-out: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent the infringement or misappropriation of our intellectual property rights.

(c) Class Action Waiver: YOU AND umety AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

(a) Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between umety and you regarding the Services and Content.

(b) Notices: Any notices or other communications provided by umety under these Terms will be given: (i) via email; or (ii) by posting to the Services.

(c) Waiver of Rights: umety’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.