1. ACCEPTANCE OF TERMS
Uchi, LLC provides the following App and Website services (i.e. platform) to you subject to these Terms of Use hereforth known as Terms of Service (“TOS”), which may be updated periodically without notice. Failure to comply with these TOS may result in account revocation.
2. DESCRIPTION OF SERVICE
Uchi is a mobile app service that allows its registered users to communicate with other members of their Uchi Network using various proprietary and non-proprietary means (herein referred to as “Uchi”, “the Service” or “the Platform”). The Service can be updated through a mobile app store or a web browser. Once registered with Uchi, each user receives their own private area to post text, data, messages, information, music, sound, photography, graphics, and video in order to communicate with one or more members of their network (“the Content”). Content postings may be available for viewing by all or designated network members. This Content may reside on Uchi’s servers or on the servers of a third party, and is subject to the Uchi’s Privacy Policy.
3. ACCOUNT STRUCTURE
All accounts are created free of charge. The Service is provided with no requirement for payment information. Additional features, within the Service, are available which may require a fee. These are known as In-App Purchases. Uchi does not directly collect payment. Only third-party payment methods will be used to collect payment (e.g. Apple Pay, Google Pay, PayPal, etc.).
All accounts are subject to applicable law including the Children’s Online Protection Privacy Act (COPPA) which restricts children under the age of 13 from registering. Uchi requires that a member be at least 13 years old to register for an account.
By registering, you hereby agree to these TOS and this account structure, and to Uchi’s right to change, modify, or otherwise discontinue any type of account and/or its respective services.
4. YOUR REGISTRATION OBLIGATIONS
Account registration and verification is required in order to create an Uchi account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to Uchi, you are hereby required to update that information as soon as possible. Should Uchi have reason to believe your personal information is not complete, current, or accurate, your account may be subject to suspension or termination.
5. UCHI PRIVACY POLICY
For information on Uchi’s privacy practices, please see the entire Privacy Policy. Should you feel that Uchi’s privacy policy is not sufficient for you to complete the registration form, please contact us with your concerns.
6. INDEMNITY
You agree to indemnify and hold Uchi, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, due to or arising out of posting of Content or use of or connection to the Service by you or any third party given access to your account, or due to or arising out of violation of the TOS or violation of any rights of another by you or any third party given access to your account. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Uchi, LLC may establish general practices and limits concerning use of the Service and may modify those general practices at any time.
8. MODIFICATIONS TO SERVICE
Uchi, LLC reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Uchi, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If service is suspended or discontinued and your membership was fee based then no fees will be charged as of the date of suspension or discontinuance.
9. NO RESALE OF SERVICE
You agree that your account entitles only you to use the Service. You agree that you are not granted any right to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
10. TERMINATION
You agree that if Uchi believes you have violated or acted inconsistently with the letter or spirit of the TOS then Uchi, in its sole discretion, may terminate your password, entries, or account, and remove and discard any Content posted in connection with your membership for the Service and agree that you have no continuing rights, express or implied, in such Content or any portion thereof. Uchi may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Uchi may immediately deactivate or delete your Uchi account and all related information and files. Uchi reserves the right to bar any further access to such files or the Service. You agree that Uchi shall not be liable to you or any third-party for any termination of your access to the Service or deletion of Content. No refunds will be paid upon termination of accounts; no further charges will be made following termination of any paid account.
11. ADVERTISEMENTS AND PROMOTIONS
Uchi reserves the right to run advertisements and promotions on the Service. By using Uchi, you agree that Uchi has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Uchi are subject to change. You agree that Uchi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. You agree that use of your Uchi account for posting your own advertisements or promotions is strictly prohibited. Such use of the Service may result in account revocation.
Any relationship Uchi has with an advertiser or promoter is for the purpose of generating revenue for Uchi and provide potential products or services of interest to Uchi users. It is Uchi’s policy to NOT share any content (e.g. answers, comments, pictures, etc.) a user has shared on the platform. If a user follows a third-party link, on-purpose or accidentally, then limited user-identifiable information may be shared depending on the needs of the third-party and the user’s action to follow the third-party link signifies consent. See Uchi’s Privacy Policy for additional details.
12. LINKS
Uchi may provide links on its site to other Internet websites or resources. Because Uchi has no control over such sites and resources, you acknowledge and agree that Uchi is not responsible for the availability or content of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Uchi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party site or resource.
13. UCHI’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as “Software”), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Uchi code and specifications are the sole property of Uchi, LLC and no rights or licenses are granted in connection with use of the Service.
14. UCHI CONTENT
Guidelines for your Content shall be as follows:
- All Content posted to Uchi in any way, is the responsibility of the person posting such Content. Uchi encourages use of the Service in a manner that maintains Content suitable for all intended recipients, but is not responsible for pre-screening, monitoring or filtering any Content. Except as may be required by applicable law, Uchi will not place a limit on the type, or appropriateness of user Content.
- You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of such Content.
- Uchi claims no ownership or control over any Content posted by its users except when Content violates applicable laws or Uchi policies.
15. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person posting such Content. Uchi does not control Content posted via the Service and undertakes no responsibility or liability therefor.
You agree to NOT use the Service to:
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- “Stalk” or otherwise harass another person or company.
- Collect or store personal data about other users for business or personal purposes.
- Use Uchi as a forwarding service to another website.
- Allow usage by others in such a way as to violate Uchi’s TOS;
- Engage in commercial activities within Uchi or on behalf of Uchi without prior approval. This includes, but is not limited to, the following activities:a. Displaying a banner, or similar promotion, that is designed to profit you or any other business or organization; andb. Displaying banners, or similar promotions, for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
If any user is reported to be in violation of the letter or spirit of these terms, Uchi retains the right to terminate such account at any time without further warning.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UCHI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) UCHI MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UCHI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UCHI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF UCHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. GENERAL INFORMATION
The TOS posted from time-to-time on this website constitutes the entire agreement between you and Uchi and governs use of the Service by you superseding any prior agreements between you and Uchi (including, but not limited to, any prior versions of the TOS). The laws of the State of Delaware, U.S.A, shall govern the TOS and the relationship between you and Uchi without regard to its conflict of law provisions. You and Uchi agree to submit to the personal and exclusive jurisdiction of the courts located within Kent County, Delaware, U.S.A. The failure of Uchi to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Last updated on 12Nov2020.