Last updated: 16/12/2014
Description and Use of the App.
(a) The App. Through the App, a registered user of the App (each, a “User”) will allow third party advertisers (including charitable organizations) who are commercially related to us (each, an “Advertiser”) to serve Advertisements to the User’s personal devices.
(b) Advertisements; Accumulation and Redemption of UMEWIN Coins and UMEWIN Points.
(i) Open Public Beta Version of the App:
Unless we notify you otherwise, during the current open public beta stage of the App we will not charge Advertisers any fee to serve Advertisements to User’s devices. Advertisements for which Advertisers receive free advertising space are referred to herein as “Free Advertisements.”
For each Free Advertisement served through the App to your personal device during the open public beta version stage, we will provide you with UMEWIN coins (the “UMEWIN Coins”) in an amount equal to twenty (20) UMEWIN Coins. You may redeem your UMEWIN Coins by allocating them (through the “Donate” option included in the App) to a charitable organization of your choice between the charitable causes and organizations promoted in the “Causes” section of the App or in www.umewin.com in an amount equal to all or a portion of the amount of your UMEWIN Coins. Each redemption by you of UMEWIN Coins must consist of a minimum of one (1) UMEWIN Coins.
By allocating your UMEWIN Coins to such charitable organizations during the open public beta version stage of the App you will be granting to the charitable organizations to which your UMEWIN Coins have been allocated the right to serve Free Advertisements through User’s devices in an amount to be agreed upon between such charitable organizations and UMEWIN.
For each UMEWIN Coin you allocate as indicated in the previous paragraphs, we will provide you with one (1) UMeWin point (each, a “UMEWIN Point”). You may use your UMEWIN Points solely as entries in certain promotions and sweepstakes that we may sponsor from time to time and subject to any additional terms and conditions applicable to such promotions and sweepstakes.
Any revenue generated during the beta version stage of the App will be allocated as indicated in (ii) below.
(ii) Functional Version of the App:
Upon the App becoming fully functional, we will generally charge Advertisers a fee to serve Advertisements to User’s devices, but there may be times where Advertisers will receive Free Advertisements. Advertisements for which we charge Advertisers a fee are referred to herein as “Paid Advertisements.”
For each Paid Advertisement served through the App to your personal device, we will (i) donate up to forty percent (40%) of the revenue that we receive from the Advertiser in connection with such Paid Advertisement, less any related transaction costs that we may incur, including without limitation, payment fees and charges and exchange rate fees and charges to all of the charitable causes and organizations included in www.umewin.com, distributing such revenue proportionally between any all such causes and organizations; and (ii) provide you with UMEWIN Coins in an amount equal to up to forty percent (40%) of the revenue that we receive from the Advertiser in connection with such Paid Advertisement, less any related transaction costs that we may incur, including without limitation, payment fees and charges and exchange rate fees and charges. You may redeem your UMEWIN Coins by either (i) instructing us to make, subject to applicable legal restrictions, a donation to a charitable organization of your choice between the charitable causes and organizations promoted in www.umewin.com in an amount equal to all or a portion of the amount of your UMEWIN Coins, less any related transaction costs that we may incur, including without limitation, payment fees and charges and exchange rate fees and charges; or, as soon as our online store is available, (ii) purchasing items from our online store. Each redemption by you of UMEWIN Coins must consist of a minimum of UMEWIN Coins equal to USD $50.00. If you do not have a sufficient amount of UMEWIN Coins, you must wait until you do before you can redeem them.
For each Free Advertisement served through the App to your personal device, we will provide you with one (1) UMEWIN point (each, a “UMEWIN Point”). You may use your UMEWIN Points solely as entries in certain promotions that we may sponsor from time to time and subject to any additional terms and conditions applicable to such promotions.
REDEMPTION OF YOUR UMEWIN COINS IS SOLELY YOUR DECISION, AND WE DO NOT PROVIDE ANY GUIDANCE OR SUGGESTIONS IN CONNECTION WITH THE REDEMPTION OF ANY UMEWIN COINS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO WHETHER INSTRUCTING US TO USE YOUR UMEWIN COINSTO MAKE A DONATION TO A CHARITABLE ORGANIZATION WILL RESULT IN A TAX DEDUCTION FOR YOU.
(c) User-Generated Content. Through the App, we may allow certain Users to upload content and other material (collectively, “User Generated Content”) that is viewable by other Users of the App.
By using the App, you acknowledge and agree that User Generated Content provided by other Users may be served through the App to your personal device(s).
Other Users of the App will be able to view and rate your User Generated Content. You may be eligible for prizes, as determined in UMEWIN’s sole discretion, based on the ranking of your User Generated Content as compared to the User Generated Content of other Users. You will not, however, receive any UMEWIN Coins or UMEWIN Points in connection with sharing any User Generated Content through the App.
By uploading any User Generated Content, you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide, fully-paid and royalty-free, sublicensable, transferable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Generated Content in connection with provision of the App. You represent and warrant that: (i) you own the User Generated Content or otherwise have the right to grant the license set forth in this section, and (ii) the posting and use of your User Generated Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree that we have the right but no obligation, to remove User Generated Content that is offensive or otherwise unacceptable to us in our sole discretion.
(e) Fees. The App is currently provided to you for free.
If you would like to use the App during the current open public beta version stage, you will need to register as a User using your Facebook credentials.
If you register as a User using your Facebook credentials, Facebook will ask your permission to share certain information from your Facebook account with us. This includes your username, encrypted access credentials, and other information that may be available on or through your Facebook account, including your name, profile picture, country, hometown, e-mail address, date of birth and gender. By registering as a User using your Facebook credentials you are authorizing us to use such information.
During the registration process, you will be asked to provide your name and email address and create a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
Use of Personal Data.
UMEWIN informs that the images, trademarks, logos, slogans and other third party intellectual property shown in UMEWIN’s website are being used for illustrative purposes only and that said third parties have no relationship whatsoever with UMEWIN other than the authorization that, in the relevant cases, could have been granted in favor of UMEWIN for the use, as it is used by UMEWIN, of the referred intellectual property.
By accessing and/or using the App, you hereby agree that:
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, charitable organizations, and other similar communications (collectively, “Unsolicited Information”) to us through the App, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Accessing and Downloading the App from iTunes.
Disclaimer and Limitation of Liability.
NONE OF UMEWIN, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “UMEWIN PARTIES”) ENDORSES ANY CHARITABLE CAUSE OR ORGANIZATION INCLUDED IN WWW.UMEWIN.COM AND/OR ANY ADVERTISER, ADVERTISEMENTS, USER GENERATED CONTENT AND/OR ANY CONTENT OR VIEWS EXPRESSED BY ANY ADVERTISER OR USER THROUGH THE APP. YOU ACKNOWLEDGE THAT THE APP MERELY ACTS AS A VENUE THAT ALLOWS ADVERTISERS TO COMMUNICATE WITH USERS AND THAT ALLOWS USERS TO COMMUNICATE WITH OTHER USERS. NONE OF THE UMEWIN PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN ANY USERS OR BETWEEN ADVERTISERS AND ANY USERS, OR FOR ANY RESULTS CAUSED BY USING THE APP. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
YOU ACKNOWLEDGE AND AGREE THAT THE APP, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS, USER GENERATED CONTENT PROVIDED BY USERS OTHER THAN YOU, AND ALL OTHER CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE UMEWIN PARTIES WARRANT THAT THE APP, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE UMEWIN PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE APP.
IN NO EVENT SHALL ANY OF THE UMEWIN PARTIES BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF ANY UMEWIN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE UMEWIN PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.
Copyright infringement policy
Pursuant to the Digital Millennium Copyright Act (DMCA), UMEWIN has taken the necessary steps to provide a registered copyright agent for any claims of copyright infringement. Any copyright issues will be handled upon notification or reports from you to our registered Copyright Agent, to the best of our ability and in line with the requirements suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
All takedown notices must comply with the requirements as set forth under the DMCA. UMEWIN agrees to comply with any takedown notices as soon as possible. After compliance with the takedown notice, UMEWIN agrees to notify the user affected by the takedown. Said user has the right under the DMCA to supply a counter takedown notice to the agent appointed by UMEWIN. The counter takedown notice must also be in compliance with the DMCA. Upon receipt of a validly executed counter takedown notice, UMEWIN shall repost the removed material within 10-14 business days, unless the author of the original takedown notice files suit against the Member.
If you would like to submit a claim of copyright infringement for material, please substantiate each claim by sending UMEWIN’s registered Copyright Agent a Notification of Claimed Infringement at the email below: firstname.lastname@example.org.
To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
If you elect to send us a Counter-Notification, please send an email to UMEWIN’s registered Copyright Agent at the following email address: email@example.com.
To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.