Terms of Use

Effective Date: May 17, 2019

PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING THE WEBSITE LOCATED AT HTTPS://U.COMMUNITY/ (THE “WEBSITE”). THESE WEBSITE TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. BY USING THE WEBSITE, YOU EXPRESSLY ACCEPT ALL TERMS AND CONDITIONS CONTAINED HEREIN AND AGREE TO BE BOUND BY THEM. PLEASE DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS OF USE.

These Terms of Use applies to your access to and use of the Website and any other services or products provided on the Website (collectively, the “Services”) by Eparceiro OÜ, a company organized under the laws of Estonia (“U°Community”, “we” or “us”).

We reserve the right to revise and update the Terms of Use from time to time at our own discretion. We will provide notice of any changes to the Terms of Use by updating the “Effective Date” at the top of this document or by posting a notice on the Website. Please notice that it is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following any changes will be deemed as the acceptance of those changes by you.

1. Your Access to the Services

1.1. The Website is not intended for use by children under the age of 18, if other rules of determining the age of majority is not applied to you according to the applicable law (“Age of Majority”), and we do not knowingly offer any Services to children under the Age of Majority without obtaining parental consent. If you are under the Age of Majority, then please do not use or otherwise access the Website and the Services at any time and any manner.

1.2. If you are accepting the Terms of Use and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are duly authorized to do so and have the full legal authority to bind such legal entity to the Terms of Use.

2. Privacy

2.1. While accessing or using the Services you may be asked to provide a certain type of information about yourself (“User Data” or “Your Data”). Please refer to our Privacy Policy to understand how Your Data is collected, used and stored. The Privacy Policy is incorporated herein by reference. You understand that to use the full functionality of the Services you must accept the terms of the Privacy Policy and agree to be bound by them.

3. Intellectual Property Rights and Licenses

3.1. U°Community Content

3.1.1. All intellectual property and other proprietary rights associated with the Website and the Services are the sole property of U°Community, its affiliates or third parties. The Website contains materials, including brand name, logo, data, text, photographs, images, video, audio, graphics, articles, comments, software, icons, code, scripts, and other elements that are owned by or licensed to U°Community or its affiliates (“U°Community Content”). U°Community Content is protected by trade dress, copyright, patent, trademark laws, and other intellectual property and unfair competition laws. Except as expressly set forth in these Terms of Use, we do not grant you any express or implied rights to use U°Community’s intellectual property and U°Community Content.

3.1.2. U°Community grants you a personal, non-transferable, non-sublicensable, non-exclusive, revocable, limited license to access and use the Services and U°Community Content for lawful purposes strictly in accordance with the Terms of Use. U°Community reserves all rights not expressly granted to you by these Terms of Use.

3.1.3. You shall not copy, reproduce, modify, lease, loan, sell, create derivative works from, adapt, encode, upload, perform, publicly display, publish, transmit, or distribute the Website and U°Community Content in any way without prior written consent of U°Community, except as may be permitted by applicable license.

3.2. User Content

3.2.1. The Website may contain other company names, logos, trademarks or product names which are the property of their respective owners and thereby should not be used, copied or imitated, in part or in whole, unless expressly permitted by the owner. Reference to any product, service, event or other information by name, trademark or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by U°Community.

3.2.2. You retain all ownership rights to Your Content you create, submit, post or display on or through the Services.

3.2.3. By submitting, posting or displaying any information, text, links, graphics, photos, audio, videos, or other materials on or through the Services (“Your Content” or “User Content”), you grant U°Community a worldwide, non-exclusive, royalty-free, perpetual, irrevocable and sublicensable license to use, process, copy, adapt, modify, reproduce, transmit, publish, display and distribute Your Content in any way and by any methods for the purpose of providing, operating, promoting and improving the Website and the Services. You also authorize us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with U°Community with no compensation paid to you.

3.2.4. You shall not remove, alter or conceal any proprietary rights notices, including but not limited to trademark, copyright, and service mark notices, that are incorporated in or accompanying U°Community Content or User Content.

3.2.5. You grant other users of the Services the permission to share Your Content on other websites and add their own User Content to it, but only if they use just a portion of Your Content, and if they give you credit as the original author by linking back to your personal page on the Website.

3.2.6. You represent and warrant that you have all rights, power, permissions, consents, and authority to grant the rights described herein for Your Content. You also agree that Your Content will not contain any materials subject to copyright or other proprietary rights of others, unless you are legally authorized to submit, post or display such User Content and to grant U°Community the license described herein.

3.2.7. Any feedback, suggestions or ideas about the Website and the Services that you share with us are voluntary, and you agree that we may use such feedback, suggestions or ideas at our sole discretion with no compensation paid to you.

4. Your Account

4.1. To use full functionality and features of the Services, you may be required to create an account on the Services (“Your Account” or “User Account”) and set up an account name.

4.2. You are solely responsible for the information associated with Your Account and all activities that occur under Your Account. You shall keep the information associated with Your Account accurate, complete and up-to-date and maintain the confidentiality of your BrainKey and private keys. As a result of failure to comply with this obligation, you may be held liable for losses and damages incurred by U°Community arising from unauthorized use of Your Account by another person.

4.3. Your Account is for your personal use only and you shall not use the account of another person unless you obtained the express permission and consent from the holder of the respective User Account. You shall not use the name that is subject to any rights of another person or organization if you are not duly authorized to do so. You agree to immediately notify us in case you discover or suspect that Your Account has been accessed or used by any unauthorized person. In no event, U°Community will be liable for any loss or damage of any kind arising from your failure to comply with these requirements.

4.4. We do not verify the identity of any user or organization listed on the Services. It is your responsibility to satisfy yourself about the identity of each user or organization on the Services with whom you interact before doing so.

4.5. We reserve the right to suspend or terminate Your Account at any time with or without notice to you, if we determine that you violate the provisions of the Terms of Use, or if we believe that you create risk or legal exposure for us, or if it is required by applicable law.

5. Your Content

5.1. You are solely responsible for Your Content and all interactions with other users of the Services and assume all risks and liabilities relating to or associated with it. By submitting Your Content to the Services, you represent and warrant that Your Content will not violate, misappropriate, or infringe any intellectual property, proprietary or other rights of any party or violate these Terms of Use or any applicable law.

5.2. We do not support, endorse or guarantee the validity, accuracy or reliability of any User Content posted via the Services or endorse any opinion expressed via the Services. You acknowledge and understand that some User Content may be offensive, harmful, inaccurate, deceptive or otherwise inappropriate and may contain typographical mistakes, fake news, propaganda, and other objectionable materials. We take no responsibility and assume no liability for any User Content uploaded through the means of the Services and for any loss or damage of any kind incurred from the use, inability to use, or deletion of any User Content on the Services.

5.3. We are not obligated but reserve the right to monitor, screen or control User Content. We also retain the right to delete or conceal User Content at any time and for any reason, including for violation of the Terms of Use or if you howsoever create legal exposure for U°Community.

5.4. If you decide to remove Your Content from the Services, you can send the request with the indication of Your Content you would like to remove to the email address specified at the end of this document, and we will take all reasonable efforts to remove it from the Website or make it inaccessible as soon as possible. However, you acknowledge and accept that in some cases the removal of Your Content could not be made immediately upon your request. You also agree that we may retain a copy of any User Content for any legal purposes.

5.5. If you discover the violation or infringement of your intellectual property or other proprietary rights, please contact us at the email address mentioned at the end of this document.

6. The Services

6.1. The Services represent the software which gives you an opportunity to access UOS Blockchain and make UOS Blockchain transactions with no need to use common means of direct interaction with UOS Blockchain, such as command line interface.

6.2. By using the Services you accept and acknowledge that all information uploaded or submitted via the Services, including User Content, information about interactions with other users of the Services and UOS Blockchain transactions are recorded in UOS Blockchain (“Blockchain Data”). Blockchain Data is in the public domain and could be accessed or viewed by any person through any available means of interaction with UOS Blockchain.

6.3. We do not own or control UOS Blockchain which is operated by independent third party delegates elected by UOS Blockchain members. Blockchain Data is final and irreversible and could not be amended, concealed or deleted from UOS Blockchain once it is submitted or uploaded to UOS Blockchain via the Services or by any other available means. Blockchain Data will be perpetually stored in UOS Blockchain though the means of distributed ledger technology.

6.4. If you decide to create a User Account, a unique master password comprised of 12 words (“BrainKey”) will be generated and securely delivered to you. BrainKey is used for generation of Active Permission and Owner Permission cryptographic private and public key pairs for Your Account. Active Permission keys are used to sign UOS Blockchain transactions on behalf of Your Account but do not provide you with the right to manage the access rights to Your Account. Owner Permission keys allow you to manage the access rights to Your Account including to sign any UOS Blockchain Transactions on behalf of Your Account. In case you lost your private keys, BrainKey can be used to recover them. You acknowledge and agree that BrainKey is not recoverable, consequently, the loss of BrainKey and private keys will result in a total inability to access Your Account. Please make sure you have a backup of your BrainKey.

6.5. Private keys are owned solely by you and allow you to make UOS Blockchain transactions through the Services or by any other available means. We do not access, view or store your private keys and take no responsibility for maintaining the security thereof. We strongly encourage you to keep your BrainKey and private keys secure and take all reasonable due care in order to protect Your Account from any unauthorized use.

6.6. We have no access to the digital wallet associated with Your Account and do not store, control or manage UOS tokens which are maintained on it. UOS tokens exist only in the form of the ownership record maintained on UOS Blockchain. All UOS Blockchain transactions are carried out by transfer of the ownership title recorded on UOS Blockchain from one user to another and are always subject to confirmation and validation by designated delegates in UOS Blockchain. You agree that we will never be liable for storage and management of your UOS tokens as well as for any misuse or omission made by you relating to UOS Blockchain transaction.

6.7. Due to the specific nature of blockchain technology, all UOS Blockchain transactions are not subject to cancellation or alteration. Once you submitted all details of the proposed transaction to UOS Blockchain though the Services or otherwise and it has been confirmed and validated by the designated delegates of UOS Blockchain, the transaction should be deemed executed, final and irrevocable. You acknowledge and accept that we are not able to assist you with cancellation or alteration of any UOS Blockchain transaction.

7. Prohibited Uses

7.1. You represent and warrant that you will use the Services and any User Content contained on the Services only in a fair and legal way and that you will not commit any unlawful act or omission which would violate any applicable law or regulation.

7.2. When accessing or using the Services, you shall not do the following:

(a) to use the Website or the Services in any manner that violates any applicable laws and regulations or infringes anyone’s intellectual property or any other proprietary rights;

(b) to use the Website or the Services by any means and in any way that could interfere with, disrupt, negatively affect, or inhibit other users from accessing and using the Services, or that could disable, disrupt, impair or otherwise negatively affect the operating of the Website or the Services;

(c) to submit, upload or post to the Services any materials or content which do not comply with the Content Policy which is incorporated herein by reference;

(d) to gain or attempt to gain unauthorized access to any User Account, to the Website or to the Services;

(e) to knowingly impersonate or falsely imply that you are associated with U°Community, any user of the Services, or any other individual or organization;

(f) to use the Website or the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with the proper functioning of the Website, including but not limited to uploading or transmitting to the Services any viruses, Trojans, worms, time-bombs, spyware, adware or other harmful or malicious programs or code intended to negatively affect the access to the Services;

(g) to use programs, tools or software which automatically distribute or upload information to the Website or the Services such as bots and scripts, in order to access, tamper with data from or create User Accounts on the Services;

(h) to transmit or post through the Services any unsolicited or unauthorized advertising or any other form of similar solicitation (spam);

(i) to probe, scan, or test the vulnerability of any system or network, breach or circumvent any security measures used in connection with the Website and the Services unless it is agreed with U°Community;

(j) to modify, adapt, alter, create derivative works from, or copy the Website or the Services or any part thereof unless it is permitted by any applicable license.

7.3. You accept and acknowledge that we may reject, conceal or remove Your Content or deny your access to the Services in case you repeatedly infringe the provisions of this section.

8. Links to Other Websites and Advertisement

8.1. The Services may contain links to websites, services or other resources provided by third parties, including links contained in the Advertisements (the “Third-Party Websites”). These links are provided for your information only. We do not control, monitor, review or endorse the Third-Party Websites and take no responsibility for the content and information contained therein or for any loss or damage that you may incur while accessing or using the Third-Party Websites. We encourage you to take necessary precautions in order to protect yourself and your devices from viruses, worms, Trojan horses, and other harmful or destructive content. If you access or use the Third-Party Websites you do so at your own risk. It is also your responsibility to comply with the Third-Party Websites terms of use, privacy policy or other applicable rules and procedures.

8.2. The Services may contain sponsored third-party content or advertisement (the “Advertisements”). You agree that we may place and display the Advertisements together with Your Content without your consent and with no compensation paid to you and we may at our sole discretion determine the way, manner, and method of placing the Advertisements on the Services.

9. Disclaimer of Warranties

9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (I) THE SERVICES OR ANY CONTENT CONTAINED ON THE SERVICES ARE COMPLETE, ACCURATE, CURRENT OR RELIABLE; (II) THE SERVICES ARE SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED; (III) THE WEBSITE, THE SERVICES OR ANY OF THEIR COMPONENTS ARE FREE OF VIRUSES OR OTHER HARMFUL MALWARE OR PROGRAMS.

9.2. WE DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT CONTAINED ON THE SERVICES AND FOR THE CONDUCT, ACTS AND OMISSIONS OF THE USERS AND ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE USE OF THE SERVICES AND ANY CONTENT CONTAINED ON THE SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY CONTENT CONTAINED ON THE SERVICES.

9.3. WHILE WE DO OUR BEST TO MAKE THE SERVICES AVAILABLE AT ALL TIME AND TO CONTINUOUSLY DEVELOP AND IMPROVE OUR PRODUCTS, YOU ACCEPT AND AGREE THAT THE SERVICES MAY BE DELAYED, SUSPENDED OR TERMINATED DUE TO THE TECHNICAL ISSUES OR ANY REASONS BEYOND OUR CONTROL. WE DO NOT GUARANTEE THAT THE SERVICES WILL SUIT YOUR EXPECTATIONS OR REQUIREMENTS FOR A PARTICULAR PURPOSE.

9.4. WE RESERVE THE RIGHT TO MODIFY, CHANGE, SUSPEND, OR TERMINATE THE SERVICES, OR ANY PART OF THE SERVICES, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, AS IT IS REQUIRED TO PERFORM MAINTENANCE, CORRECTION OR OTHER CHANGES.

10. Limitation of Liability

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL U°COMMUNITY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AGENTS, CONTRACTORS, OR REPRESENTATIVES (THE “U°COMMUNITY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, INCURRED BY YOU OR ANY THIRD PARTY, RESULTING FROM OR IN CONNECTION WITH: (I) THE SERVICES, YOUR USE OR INABILITY TO USE OF THE SERVICES OR ANY CONTENT CONTAINED ON THE SERVICES, (II) ANY CONDUCT OR CONTENT OF THE USERS OR ANY THIRD PARTIES ON THE SERVICES OR RELATING TO THE SERVICES, (III) YOUR ACCESS OR USE OF ANY THIRD-PARTY WEBSITES LINKED TO THE SERVICES OR ANY CONTENT AVAILABLE ON THEM, (IV) UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR CONTENT. THIS LIMITATION APPLIES TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND EVEN IF U°COMMUNITY AND U°COMMUNITY PARTIES HAVE BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnity

11.1. You agree to indemnify and hold U°Community and U°Community Parties harmless from and against any and all claims, damages, losses, expenses, and any other liabilities, including respective attorneys’ fees, arising from or relating your access or use of the Services, your violation of the Terms of Use, and your violation of intellectual property or other rights of any third parties.

12. Governing Law and Jurisdiction

12.1. You agree that these Terms of Use and all matters relating to your access or use of the Services or the Website, including all claims, disputes or causes of actions will be governed by, and shall be construed in accordance with Estonian law, without regard to the law that might otherwise apply under applicable principles of conflict of laws.

12.2. To the maximum extent permitted by applicable law, you agree that any dispute, legal action, suit or proceeding arising out of or relating to these Terms of Use and the Services will be subject to the exclusive jurisdiction of the courts of Estonia. You irrevocably agree to the personal jurisdiction by and venue in such courts and waive any objection to such jurisdiction or venue.

13. Changes

13.1. We may update, modify or make changes to these Terms of Use from time to time. In case we made any changes, we will publish the amended version of the Terms of Use on the Website and update the Effective Date at the beginning of the Terms of Use. The most current version of the Terms of Use will govern the relationship between you and U°Community. In case any material changes occurred, we may also notify you by posting the respective notice on the Services.

13.2. Any changes to these Terms of Use will become effective and binding on you from the time of posting the amended version of the Terms of Use on the Website. By continuing to access or use the Services after any changes become effective, you agree to be bound by the amended version of the Terms of Use. If you do not agree with the provisions of the amended version of the Terms of Use, please stop accessing or using the Services and delete Your Account. It is your responsibility to check for updates of these Terms of Use on a regular basis.

14. Termination

14.1. You may terminate these Terms of Use at any time by stop using the Services and deleting Your Account.

14.2. We reserve the right to suspend Your Account and your ability to access and use the Services in our sole discretion at any time, with or without notice to you if you violate the provisions of these Terms of Use or any applicable law or if it is requested by law enforcement or other government agencies.

14.3. Upon termination or suspension of your access to or use of the Services, you will no longer have an ability to access or use the Services or any User Content available thereon, and all licenses and rights granted to you under these Terms of Use will be immediately revoked and terminated.

14.4. The following sections shall survive the termination of these Terms of Use: Intellectual Property Rights and Licenses (3), Your Account (4), Your Content (5), Prohibited Uses (7), Disclaimer of Warranties (9), Limitation of Liability (10), Indemnity (11), Governing Law and Jurisdiction (12), Termination (14), Waiver (16). The termination of these Terms of Use shall not relieve you from any obligation under these Terms of Use which you have prior to such termination or limit the liability that you have to us or any third party in connection with the Services or the Terms of Use.

15. Severability

15.1. In case any provision of these Terms of Use is held to be invalid or unenforceable by any court or other competent authority or jurisdiction, then this provision shall be deemed to be deleted or limited to the minimum extent required by the applicable law without affecting the validity, legality, and enforceability of the remaining provisions hereof, and the remaining provisions of the Terms of Use shall remain in full force and effect.

16. Waiver

16.1. No waiver of any provision of these Terms of Use shall be effective unless made in writing and signed by the waiving party except as expressly stated herein. No failure or delay of U°Community in exercising any right, remedy or privilege under these Terms of Use shall constitute a further or continuing waiver of such right, remedy or privilege or waiver of any other terms or conditions of these Terms of Use.

17. Entire Agreement

17.1. These Terms of Use constitute the entire agreement between you and U°Community regarding your access to and use of the Services and supersede all prior or contemporaneous agreements, arrangements, and understandings between you and U°Community, whether oral or written, relating to that subject matter.

18. Assignment

18.1. You are not permitted to assign or transfer any of your rights or obligations hereunder without our prior written consent. You agree that we may assign or transfer all or part of our rights or obligations hereunder to any party without your consent.

19. Communications and Reports

19.1. All notices, questions, suggestions, feedback or comments regarding these Terms of Use or the Services can be sent by you to the following email address: [email protected].

19.2. If you believe that any User Content or any part of it infringes or violates your intellectual property or other rights, please contact us at [email protected].

19.3. All communications and notices must be in English language and will be deemed to have been given when received by us.