Upbis AB - Privacy Policy, Copyright Policy, Terms of Service
Thank you for your interest in Upbis, and for taking the time to familiarize yourself with our terms and policies:
Privacy Policy
Overview
Upbis AB ("Upbis" or "we") provides this Privacy Policy to inform you of our practices and policies regarding the collection, use and disclosure of personal information we receive from you.
Information We Collect
We may collect information about you and your use of our website, and any products, software, data, content, and services offered on, from or through our website and/or mobile application(s) (collectively, the "Service"). We may collect personally identifiable information such as your name, email address, IP address, UDID or other applicable device identifier, content stored on your device and related meta data, demographic and biographical information as well as other information. The following sections describe some of the ways in which we may collect information:
Registration and Use
We may provide you with the opportunity to register or subscribe with us. If you register or subscribe, you may provide information to us and we collect a wide variety of information about you. Such information may include personally identifiable information such as your name, email address, IP address UDID or other applicable device identifier, demographic and biographical information and other information. When you use the Service to submit content, we will collect any personally identifiable information that may be included therein (such as your likeness), as well as a variety of meta data associated with the particular content file (such as creation data, originating software application, location data, and the like).
Log Files
Like many websites, we may automatically gather certain information about our Service traffic and store it in log files. We may also use third parties to gather such information. This information may include IP addresses, browser type, Internet service provider (ISP), referring/ exit pages, operating system, date/time stamp, and clickstream data.
Cookies
We may use cookies to keep track of some types of information while you are using our Service. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We may also use cookies to automatically collect information about your online activity on our Service, for example, which web pages you browsed, which links you clicked on, or which searches you conducted on our Service. If you choose to decline our cookies, you assume all responsibility for any resulting loss of functionality or access.
Information from Linked Accounts.
The Service may enable you to link your account on the Service with your account on certain third party services (such as Facebook or Twitter) ("Linked Accounts"), and we may obtain information, including personal information, from such Linked Accounts. By linking a third party Linked Account to your account on the Service, Upbis will have access to certain information on your Linked Account. Information from Linked Accounts that may be accessed and stored includes profile information, friends lists, and other information you have access to through your Linked Account, for example your Facebook friends' listed interests, in each case provided that you and such other users have configured such accounts to make such information available to third parties in this manner.
Web Beacons (Clear GIFs, Pixel Tags)
We may employ and our third party partners may employ a software technology called web beacons, also referred to as clear GIFs or pixel tags, that help manage content on the Service by tracking what content is effective. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users in order to further personalize our Service for our users and to collect a limited set of information about our users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We also may include web beacons in advertisements or promotional or other e-mail messages or to determine whether messages have been opened or acted upon. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
How we use your information
In general, we may use information that we collect about you to: (i) provide, improve and customize the Service to you and others; (ii) conduct research and analysis about your activities on the Service, including your use of, or interest in, different parts of our Service, or products or services offered by third parties; (iii) provide customer support and manage your account; (iv) provide you information via e-mail, postal mail, telephone and/or mobile devices about the Service or products or services offered by us or third parties; (v) monitor surveys, discussion boards, forums and/or chat rooms provided to you on the Service from us or a third party; (vi) verify your eligibility and deliver prizes in connection with contests; (vii) develop and provide content and advertising from us or third parties customized based on your activity and/ or interests; (viii) enforce this Privacy Policy, the Terms of Service and other applicable terms and conditions; (ix) manage our business; and (x) perform functions and activities as otherwise described to you at the time of collection of information.
Correspondence
We may send you information on products, services, special deals, and promotions. We may also use your name and email address to send newsletters to you. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our Service is temporarily suspended for maintenance, we might send you an email.
Customer Service
We may communicate with you in response to your inquiries and to manage your account. We may communicate with you by email or telephone.
Profile
We may store information that we collect through cookies, log files, web beacons, and/or third party sources to create a "profile" of your preference and activities. We may tie your personally identifiable information to information in the profile, in order to improve and customize our Service and provide tailored promotions and marketing offers for you. We may purchase marketing data from third parties and add it to our existing user database, to better target our advertising and to provide pertinent offers in which we think you would be interested. To enrich our profiles, we may tie this information to the personally identifiable information we have.
Aggregate Information (Non-Personally Identifiable)
We may share aggregated demographic information about our user base with our partners and advertisers. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. This information does not identify individual users and may be used to develop the Service and to target content and advertising.
Third Party Advertisers
Advertisements may be offered through our Service by our advertising partners. We may share usage, traffic and other information with our advertising partners for the purpose of targeting advertisements through the Service. Our advertising partners may use cookies and web beacons on the Service, which allow them to recognize a user's cookie when a user uses the Service and to measure advertising effectiveness.
Service Providers
We may share your personal information with our authorized service providers that may be associated with us to perform functions on our behalf. These functions may include providing customer service, performing business and marketing analysis, supporting and improving the functionality of our Service, and providing or maintaining contests, surveys and other features offered through our Service. These service providers may have access to information about you, including personally identifiable information, that they need to perform their functions.
Business Partners
We may partner with third parties to offer you surveys, contests, products and services through our Service. When you participate in such surveys or contests, or purchase such products and services, you authorize us to share information about you, including personally identifiable information, with such third parties. If you have any questions or concerns regarding how such third parties use your information, please consult the applicable third party's privacy policy. You agree that we will not responsible or liable for any loss or damage incurred in connection with our partnership with such third parties, their activities on our Service, and the sharing of your information with such third parties.
Legal
We reserve the right to, and you acknowledge and agree that we may, disclose your personally identifiable information as required by law and when we believe, in our sole discretion, that disclosure is reasonable to protect our or a third party's rights; to comply with a judicial proceeding, court order, or legal process served on us or the Service; to assist in investigation, prosecution, prevention, or taking other action regarding illegal activity, fraud or other wrongdoing, or suspected illegal activity, fraud or other wrongdoing; to protect a user's or a third party's health or safety, such as when harm or violence against any person (including you) is threatened; or in connection with an actual or proposed corporate transaction, such as a merger, acquisition, consolidation, asset sale, divestiture, or insolvency proceeding involving all or part of our business or assets.
Abuse Victims
Notwithstanding any other provision of this Privacy Policy or our Terms of Service, we reserve the right, but have no obligation, to disclose any your information, including personally identifiable information, if in our sole discretion, we suspect or have reason to suspect, that the information involves a victim of physical, psychological or other abuse, including without limitation elder abuse, child abuse, spousal abuse, neglect, or domestic violence. If we deem appropriate, in our sole discretion, that some information should be disclosed to authorities, we reserve the right to do so. Such authorities may include law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we have the right to make such disclosure in our sole discretion.
Links to Other websites
The Service may contain links to other websites that are not owned or controlled by Upbis. Please be aware that we are not responsible for the privacy policies or the content of such other websites. We encourage you to be aware when you leave our Service and to read the privacy policies of each and every website that collects personally identifiable information. This Privacy Policy applies only to information collected from you by us.
Age Restrictions
We do not knowingly collect personal information from children under the age of 13, and if we become aware that we have obtained personal information from users under the age of 13, we will purge such information from our database.
Outside Sweden
Any information we collect may be transferred to, stored and processed in servers located in Sweden and other countries around the world. This Privacy Policy is intended to cover collection of information on Service from residents of Sweden. If you are using our Service from outside Sweden, you hereby acknowledge that your information may be transferred out of your country, and stored and processed in Sweden and other jurisdictions where our servers may be located, and agree to such transfer, storage, and processing. Other countries may have more comprehensive data protection and privacy laws than those of Sweden. By using the Service, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.
In the Event of Merger or Sale:
In the event that all or a portion of Upbis or its assets is acquired by or merged with a third party entity, regardless of the form or circumstances underlying such transaction, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control.
Changes in this Privacy Policy
Upbis may, in its sole discretion, from time to time, modify or revise this Privacy Policy without notice, and you agree to be bound by such modifications or revisions. The most current version of this Privacy Policy can be viewed at our website. Once posted, our amended Privacy Policy will take become effective on a going forward basis as provided in the Terms of Service, except that (i) unless you agree otherwise, we will use your personally identifiable information in the manner described in the Privacy Policy in effect when we received that information and (ii) if you do not agree with any changes to the Privacy Policy, you may terminate your account and cease use of the Service. Your continued use of the Service after revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.
Upbis AB
Copyright Policy
If you believe that any content distributed through the service infringes your copyrights, please provide us with a written notification by providing our Designated Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- A description of where the material that you claim is infringing is located on the Upbis site, with enough detail that we may find it on the website (in most circumstances, we will need a URL);
- Information reasonably sufficient to permit Upbis provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of a copyright.
The Upbis Designated Legal Agent to receive notifications of claimed infringement can be reached as follows: info[at]upbis.com. For clarity, only copyright notices should go to the Upbis Designated Legal Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Upbis customer service through info@upbis.com. You acknowledge that if you fail to comply with all of these requirements, your copyright notice may not be valid.
Please keep in mind that we are providing this procedure for take-downs merely as a courtesy to the community. By making this procedure available or taking down any content upon request, we are not acknowledging in any way that Upbis or our service or the availability of any content on our service infringes or violates any rights of any third party.
Terms of Service
Welcome to Upbis
Please read these Terms of Service ("Terms of Service") carefully. These Terms of Service are a legally binding agreement between you and Upbis AB ("Upbis" or "we") regarding your use of the Service.
BY REGISTERING FOR AN ACCOUNT, OR OTHERWISE USING, ACCESSING OR VISITING THE UPBIS WEBSITE, CURRENTLY LOCATED AT WWW.UPBIS.COM, OR ANY PRODUCTS, SOFTWARE, DATA, CONTENT OR SERVICES PROVIDED ON, FROM, OR THROUGH THE UPBIS WEBSITE (COLLECTIVELY, THE "SERVICE"), YOU AGREE TO ABIDE BY, AND INDICATE YOUR ACCEPTANCE TO, THESE TERMS OF SERVICE, AS WELL AS OUR PRIVACY POLICY, AVAILABLE ON OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, THEN DO NOT USE THE SERVICE.
Upbis may, in its sole discretion, from time to time, modify or revise these Terms of Service, the Content Policy, the Upbis Creator Terms, or the Privacy Policy without notice. The most current version of these Terms of Service and the Privacy Policy can be viewed at our website, will indicate the date posted, and will be effective immediately upon posting, except as follows: in the event any such modification materially alters your rights hereunder, we will attempt to notify you directly through a message sent to the email address you have provided to Upbis, if any, or a pop-up window or other notification when you access or use the Service for the first time following a change, b) such materially modified Terms of Service and / or Privacy Policy will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are made available to you, and c) disputes between us will be resolved in accordance with the version of the Terms of Service in effect at the time the dispute arose. Your use of the Service following any amendment of these Terms of Service and/or the Privacy Policy becomes effective will signify your assent to and acceptance of the revised terms.
Eligibility to Use the Service
The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By using the Service, you represent and warrant that you are 13 or older. If you are under 13 years of age, please do not use the Service.
Ownership
(a) The Service (including any auxiliary software, applications, and website), and any text, images, graphics, sounds, music, videos, audiovisual presentations, data, and other materials which are available on or through the Service (the "Content") may be protected by intellectual property and other laws of Sweden and foreign countries. You do not develop or obtain any ownership rights in any Upbis materials or services or parts thereof by virtue of your use of the Service. Text, images, graphics, sounds, music, videos, audiovisual presentations, data, and other materials which originate from the user (the “User Content”) make up a subset of the Content. Upbis does not claim ownership of such User Content.
(b) You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or the Content.
(c) We reserve the right, in our sole discretion, to modify, discontinue or terminate any part of the Service or the Content at any time without prior notice, including without limitation to include, append, integrate, embed, or incorporate third party advertising in any Upbis material. You agree that we shall not be liable to you or any third party for any such modification, discontinuance or termination. In addition, we reserve the right to terminate your access to any part of the Service or the Content for any reason at any time.
Your Use of the Service and the Content
Upbis hereby grants you permission to access and use the Service and the Content, subject to these Terms of Service, provided that:
(a) You may access them for your information and personal use only, and solely as intended through the provided functionality of the Service and as permitted under these Terms of Service.
(b) Unless expressly permitted, you agree not to download, copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or the Content without Upbis' prior written authorization, unless and solely to the extent Upbis makes available via the Service’s user interfaces the means for embedding any part of the Service or the Content.
(c) Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service or the Content.
(d) You agree not to use or access the Service or the Content for activities that infringe intellectual property rights. Upbis does not permit infringement of intellectual property rights or copyright infringing activities on the Service. Upbis will remove any Content if properly notified that such Content infringes on another's intellectual property rights (as detailed in the Copyright Policy available on our website). Upbis reserves the right to remove Content without prior notice.
(e) You agree that you, and not Upbis, are entirely and solely responsible for, and assume all liability and consequences regarding, all User Content that you upload, post, submit, or otherwise make available through the Service.
(f) Unless expressly permitted, if you embed any part of the Service or the Content, you may not alter, modify or block any portion or functionality of the embedded part, including, without limitation, any advertising materials and any links back to the Upbis website.
(g) You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used (including without limitation by violating any rules identified in any applicable robots.txt file), harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage, including by means of any automated crawler, scraper, bot, or similar tool.
(h) You agree not to decipher, reverse engineer, decompile or disassemble the Service or the Content, or the software used to provide the Service or the Content, in whole or in part, or authorize a third party to do so.
(i) You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the Content, or any portion thereof, unless and solely to the extent Upbis makes available the means for embedding any part of the Service or the Content.
(j) You agree not to access, tamper with, or use non-public areas of the Service, Upbis' (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Upbis' providers.
(k) You agree not to use or access the Service or the Content for any commercial purpose, including, without limitation, the sale of advertising, sponsorships or promotions.
User Content
You understand and agree that much of the Content available through the Service is submitted by users, and as such, Content is provided "as-is" and Upbis expressly disclaims any and all representations and warranties about such Content. Upbis does not make any representation or warranty that Content will be accurate, complete, up to date, appropriate, or useful, or that Content will not contain material that is offensive, obscene, or otherwise objectionable. If and to the extent that you elect to submit any User Content to the Service:
(a) You hereby grant Upbis a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license, without obligation, to use, copy, reproduce, alter, modify
(including without limitation the right to include, append, integrate, embed, or incorporate third party advertising, and to format or otherwise adapt your User Content as necessary or useful to conform to the requirements, limitations, or capabilities of the various formats, networks, devices, services, and media to which your User Content may be used or transmitted), create derivative works of, distribute, publish, display, perform, transmit, stream, broadcast or otherwise exploit your User Content (including as modified) in connection with the Service and Upbis' (and its successors' and affiliates') business. You agree that Upbis is not obligated to publish any User Content, and reserves the right to remove any User Content from the Service at any time for any reason, and is not obligated to pay or share any revenues with you in connection with your User Content, any associated advertising, or otherwise.
(b) You represent and warrant that you either are the sole and exclusive owner of all User Content that you submit to the Service, or you have all rights, licenses, consents and releases that are necessary to grant to Upbis the rights in such User Content as contemplated under these Terms of Service.
(c) You represent and warrant that neither the User Content you submit to the Service nor your accessing, posting, submission or transmittal of such User Content or Upbis' exploitation of such User Content (or any portion thereof) pursuant to the rights granted to Upbis under these Terms of Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute defamation or slander, or result in the violation of any applicable law or regulation.
(d) You agree not to submit User Content that: (1) is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Upbis in its sole discretion; or (2) introduces viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code.
Widgets.
Upbis may provide you with access to various types of "embeddable widgets", consisting of snippets of HTML code that enable you to expose certain content features of the Service through other web sites ("Widgets"). If and to the extent Upbis makes such Widgets available, you may embed Widgets on web sites solely as provided to you by Upbis and without modification of any kind, and in accordance with any applicable additional posted guidelines or restrictions. You must ensure that any logos, branding and other visual interface elements, and all content included in the Widget (including without limitation any applicable advertisements) are visible and unmodified, and that any and all links back to the Service or any third party service included in the Widget are implemented without modification and are functional across browsers. You may not use Widgets in a way that violates any third party's terms of service, or might otherwise confuse users as to the source or origin of (a) the Widgets or the content they contain, (b) the service(s) the Widget connect to, or (c) the content on the site you embed the Widget on.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions to us regarding the Service ("Feedback"). You hereby agree that all Feedback provided to us is provided on a non-confidential basis (irrespective of anything to the contrary you may include in any communication accompanying or associated with such Feedback), and by providing any Feedback, you hereby to grant to Upbis and its successors a worldwide, non- exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, copy, reproduce, alter, modify, create derivative works of, distribute, publish, display, perform, transmit, stream, broadcast or otherwise exploit your Feedback without limitation.
Links to Third Party Websites
The Service and/or the Content contains links to third party web sites. These links are provided to you as a convenience, and Upbis is not responsible for the content of any linked website. Upbis does not endorse or accept any responsibility or liability for the content or use of such linked websites. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Upbis of that third party or of any product or service provided by a third party.
Warranty Disclaimer
THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UPBIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, IN CONNECTION WITH THE SERVICE, THE CONTENT, AND YOUR USE THEREOF. UPBIS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR THE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE OR THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TIME-BOMBS, WORMS, CANCELBOTS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE OR THE CONTENT BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. UPBIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UPBIS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Indemnity
You agree to defend, indemnify, and hold Upbis, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (i) any User Content you submit to the Service, (ii) your access to or use of the Service, or the Content, or (iii) your violation of these Terms of Service.
Limitation of Liability
IN NO EVENT SHALL UPBIS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, THE SERVICE, OR ANY CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF UPBIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL UPBIS' AGGREGATE LIABILITY ARISING OUT IN ANY WAY RELATING TO THIS AGREEMENT, THE SERVICE, OR ANY CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, LIABILITIES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DNA GAMES, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UPBIS, UPBIS' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT UPBIS WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Assignment
These Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns, provided that you may not assign or transfer these Terms of Service, by operation of law or otherwise, without Upbis' prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Upbis may freely assign these Terms of Service.
Dispute Resolution
No class actions. YOU AND COMPANY 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.
General
These Terms of Service shall be governed by the laws of Sweden without regard to its principles of conflicts of law. To the extent that any lawsuit is permitted hereunder, each party expressly consents to the jurisdiction of the local and national courts located in Sweden to resolve any dispute arising from these Terms of Service and waives any defense of inconvenient or improper forum.These Terms of Service do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Neither party is authorized to assume or create any obligation or responsibility on behalf of, or in the name of, the other or to bind the other in any manner. Notices delivered under these Terms of Service must be given in writing (such as, via email) and will be effective when received. These Terms of Service (including the Content Policy, Publisher Terms of Service, and our Privacy Policy, and any other policies and guidelines promulgated by Upbis from time to time) hereby, supersede all previous communications, understandings and agreements (whether oral or written). The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Upbis' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Contact Us
If you have any questions about these Terms of Service, please contact Upbis at info[at]upbis.com.