LLC Uminate Terms of Use

 

Unless otherwise noted on a particular site (“Site”) or for a particular app (“App”), developed and provided by LLC Uminate (“Uminate”, “we”, “us”), these Terms of Use (“Terms”) apply to your use of all of the Apps and Sites that Uminate operates. The Terms also apply to all products, information, and services provided through the Apps and Sites.

 

These Terms are a binding legal agreement between you and Uminate in relation to your use of the Apps and Sites.

 

1. Your Agreement to the Terms

 

1.1. BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE APPS OR SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Apps or Sites you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Apps or Sites. If you do not agree to the Terms, you are not authorized to use any Apps or Sites.

 

2. Changes to the Terms

 

2.1. From time to time, Uminate may change, remove, or add to the Terms, and reserves the right to do so at its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Apps and Sites. All new and/or revised Terms take effect immediately and apply to your use of the Apps and Sites from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Apps or Sites after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

 

3. Conditions of use

 

3.1. In return for your agreeing to comply with these Terms you may:

 

3.1.1. download our Apps onto a device and view, use and display our Apps on the device for your personal purposes only;

 

3.1.2. use any related documentation to support use of our Apps as permitted by these Terms; and

 

3.1.3. receive updates to the software code of our Apps via our Apps store that you downloaded our Apps from – these may incorporate patches and corrections of errors as we may provide to you.

 

3.2. Your right to use our Apps is personal to you, you may not otherwise transfer our Apps to anyone else for any reason. If you sell or give away any device on which our Apps is installed, you must remove our Apps from it first.

 

3.3. The ways in which you can use our Apps may also be governed by the terms of the app store that you downloaded our Apps from. In the event of a conflict between these Terms and the terms of the app store that you downloaded our Apps from, the terms of our Apps store from which you downloaded our Apps shall take priority.

 

4. INTELLECTUAL PROPERTY RIGHTS

 

4.1. All music content provided in the applications is the intellectual property of Uminate.

 

4.2. All content created by the user in our applications is the property of Uminate and is prohibited for commercial use. The content created by the user in our applications is allowed for non-commercial use. Please contact our support team if you have any questions about where you can use the content created in our apps.

 

5. Advertising and monetization

 

5.1. You acknowledge that our Apps and the App Content may be supported by advertising revenues and we may place advertising, promotions or sponsored content on our Apps or on, about, or in conjunction with the App Content. You acknowledge that we may not always identify advertising, promotions and sponsored content and the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within our Apps.

 

6. Free or paid trial

 

6.1. We may offer a free or paid (for a small payment) trial subscription for service. Unless you cancel at least 24 hours before the end of the trial, you will be automatically charged a price indicated on the payment screen or/and Apple’s/Google’s payment pop-up screen for a chosen subscription period. Please note that if a trial is offered, this will be explicitly stated on the price screen before the checkout. If this is not the case, you will purchase our subscription without a trial.

 

7. Prohibited Conduct

 

7.1. You agree not to engage in any of the following activities:

 

7.1.1. You may not use any Apps or Sites for any illegal purpose or in violation of any local, state, national, or international laws, violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

 

7.1.2. You may not reproduce, duplicate, copy, resell or otherwise exploit content or technology from the Apps or Sites.

 

7.1.3. You may not decompile, disassemble, or reverse engineer the Apps or Sites; defeat, bypass, or otherwise circumvent any protection mechanisms in the Apps or Sites; or attempt to access or use the additional features of the Apps or Sites if you have not paid the applicable fee.

 

7.1.4. You may not use the Apps and Sites or any information provided through the Apps and Sites for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

 

7.1.5. You may not use the Apps and Sites in any manner that could disable, overburden, damage, or impair the Apps or Sites, or interfere with any other party’s use and enjoyment of the Apps and Sites; including by uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Apps and Sites, or violating any regulation, policy, or procedure of any network, equipment, or server.

 

7.1.6. You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Apps or Sites.

 

7.1.7. You may not attempt to gain unauthorized access to the Apps and Sites, or the computer systems or networks connected to the Apps or Sites, through hacking or any other means.

 

8. Availability

 

8.1. We will use reasonable endeavors to ensure that our Platforms are available for download and use at all times. However, our Platforms are provided over the internet and mobile networks and so their operation and availability may be affected by factors outside of our control at any time for any reason. We do not guarantee that use of or access to our Platforms will always be available and/or uninterrupted.

 

9. Limitation of liability

 

9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UMINATE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE APPS AND SITES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF UMINATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

9.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UMINATE IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE APPS AND SITES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE APPS AND SITES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE APPS AND SITES.

 

9.3. Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

10. Termination

 

10.1. Uminate may modify, suspend, or terminate the operation of, or access to, all or any portion of the Apps and Sites at any time for any reason. Additionally, your individual access to, and use of, the Apps and Sites may be terminated by Uminate at any time and for any reason. If you wish to terminate this agreement, you may immediately stop accessing or using the Apps and Sites at any time. Your right to access and use the Apps and Sites terminates automatically upon your breach of any of the Terms. The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. Your warranties and indemnification obligations will survive for one year after termination.

 

11. Choice of law​​

 

11.1. The Terms are governed by and construed by the laws of Belarus, not including its choice of law rules.

 

12. Language of the Terms and Correspondence

 

12.1. The Terms are drawn up in Russian and English.

 

12.2. All correspondence regarding the Terms is in Russian.

 

12.3. In case of discrepancies or any inconsistencies in the semantic content of the Terms, the text of the Terms written in Russian shall prevail.

 

13. Dispute resolution

 

13.1. The parties agree that any disputes between Uminate and you concerning these Terms, and/or any of the Apps or Sites may only be brought in state court sitting in Belarus, and you hereby consent to the personal jurisdiction and venue of such court.

 

14. Additionally

 

14.1. Graphic content, fonts, colors, shapes, shades, text, etc. may coincide or partially coincide with content taken from open sources or with content without copyright. If you have any suspicions or objections about the use of content belonging to you, please contact our support to resolve disputes.