Terms and Conditions of UCRAFT Next

These Terms govern

  • the use of UCRAFT Next (“Owner”), and,
  • any other related Agreement or legal relationship with the person who signs up for the Service (“User”)

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

Anyone, who creates an account through the sign up, with a purpose of using Services must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where UCRAFT Next has been provided to them via the Apple App Store, Google Play market, that may enforce these Terms as a third-party beneficiary.

UCRAFT Next is provided by:

Ucraft, Inc

308 S Brand Blvd, Glendale, CA, 91205, USA

Owner contact email: [email protected]

"UCRAFT Next" refers to

  • this website, including its subdomains and any other website through which the Owner makes its website (“Service”) available;
  • applications for mobile, tablet and other smart device systems;
  • the Application Program Interfaces (API);
  • the Service;

The following documents are incorporated by reference into these Terms:

What the User should know at a glance

    How Ucraft Next works

    UCRAFT Next merely serves as a technical infrastructure or platform to allow Users to interact with each other and to publish content on their behalf. The Owner therefore is not directly involved in any such interactions between Users.

    Terms of Use

    Unless otherwise specified, the terms of use detailed in this section apply generally when using UCRAFT Next.

    Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

    By using UCRAFT Next, Users confirm to meet the following requirements:

    • There are no restrictions for Users in terms of being Consumers or Business Users;
    • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
    • Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

    Account registration

    To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

    Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by UCRAFT Next.

    By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

    Conditions for account registration

    Registration of User accounts on UCRAFT Next is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

    • Accounts registered by bots or any other automated methods are not permitted.
    • Unless otherwise specified, each User must register only one account.
    • Unless explicitly permitted, a User account may not be shared with other persons.
    • Fraudulent accounts and any accounts related to illegal purpose (pronography, abuses, etc. related accounts)

    Account termination

    Users can terminate their account and stop using the Service at any time by doing the following:

    • By using the tools provided for account termination on UCRAFT Next.

    However, termination of the account will not be possible until the subscription period paid for by the User has expired.

    Account suspension and deletion

    The Owner reserves the right to suspend or terminate the User's account at any time and without notice, at the Owner's sole discretion, in these cases:

    • User has violated these Terms; and/or
    • User's access or use of UCRAFT Next may cause any form of abuse to the Owner, other Users or third parties; and/or
    • the use of UCRAFT Next by the User may cause violation of law or regulations; and/or
    • in case of an investigation by legal action or governmental involvement; and/or
    • the account or its use is deemed to be, at the Owner’s sole discretion inappropriate or offensive or in violation of these Terms.

    The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

    The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

    Content on Ucraft Next

    Unless where otherwise specified or clearly recognizable, all content available on UCRAFT Next is owned or provided by the Owner or its licensors.

    The Owner undertakes its utmost effort to ensure that the content provided on UCRAFT Next infringes no applicable legal provisions or third-party rights.

    In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

    Rights regarding content on Ucraft Next - All rights reserved

    The Owner holds and reserves all intellectual property rights for any such content.

    Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

    In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on UCRAFT Next, by using their reasonable efforts, not allow any third party to do so through the User or their device, even without the User's knowledge.

    Where explicitly stated on UCRAFT Next, the User may download, copy and/or share some content available through UCRAFT Next for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

    Any applicable statutory limitation or exception to copyright shall stay unaffected.

    Content provided by Users

    The Owner allows Users to upload, share or provide their own content to UCRAFT Next.

    By providing content to UCRAFT Next, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

    Rights regarding content provided by Users

    Users acknowledge and accept that by providing their own content on UCRAFT Next they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of UCRAFT Next as contractually required.

    To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to UCRAFT Next.

    Users acknowledge, accept and confirm that all content they provide through UCRAFT Next is provided subject to the same general conditions set forth for content on UCRAFT Next.

    Liability for provided content

    Users are solely liable for any content they upload, post, share, or provide through UCRAFT Next. Users acknowledge and accept that the Owner does not filter or moderate such content.

    However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to UCRAFT Next:

    • if any reasonable complaint based on such content is received;
    • if a reasonable notice of infringement of intellectual property rights is received;
    • upon order of a convinient public authority; or
    • where the Owner is made aware that the content, while being accessible via UCRAFT Next, may represent a risk of violating policy of other Users, third parties and/or the availability of the Service.

    The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

    Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through UCRAFT Next.

    Access to external resources

    Through UCRAFT Next Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

    Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

    How to file a takedown notice (called a “DMCA notice”)

    If copyright holders or their agents believe that any content on UCRAFT Next infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
    • Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that the notifying party has 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 the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

    Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.

    Acceptable use

    UCRAFT Next and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

    Users are solely responsible for making sure that their use of UCRAFT Next and/or the Service violates no applicable law, regulations or third-party rights.

    Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to UCRAFT Next or the Service, terminating contracts, reporting any misconduct performed through UCRAFT Next or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

    Conduct restrictions

      Excessive use of the Service

        Scraping

          Content restrictions

            Software license

            Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to UCRAFT Next are held by the Owner and/or its licensors.

            Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of UCRAFT Next and the Service offered.

            This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

            All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

            API usage terms

            Users may access their data relating to UCRAFT Next via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses UCRAFT Next, is bound by these Terms and, in addition, by the following specific terms:

            • the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

            Terms and Conditions of Sale

            Paid Products

            Some of the Products provided on UCRAFT Next, as part of the Service, are provided on the basis of payment.

            The fees, duration and conditions applicable to the purchase of such Products are described in this Term and in the dedicated sections of UCRAFT Next.

            To purchase Products, the User must register or log into UCRAFT Next.

            Product description

            Prices, descriptions or availability of Products are outlined in the respective sections of UCRAFT Next and are subject to change without notice.

            While Products on UCRAFT Next are presented with the greatest accuracy technically possible, representation on UCRAFT Next through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

            The characteristics of the chosen Product will be outlined during the purchasing process.

            Purchasing process

            Any steps taken from choosing a Product to order submission form part of the purchasing process.

            The purchasing process includes these steps:

            • Users must choose the desired Product and verify their purchase selection.
            • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

            Order submission

            When the User submits an order, the following applies:

            • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
            • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
            • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

            All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

            Offers and discounts

            The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of UCRAFT Next.

            Offers and discounts are always granted at the Owner’s sole discretion.

            Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

            Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

            Coupons

            Offers or discounts can be based on Coupons.

            If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

            Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

            Unless otherwise stated, these rules apply to the use of Coupons:

            • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
            • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
            • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
            • A Coupon cannot be applied cumulatively;
            • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
            • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
            • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

            Methods of payment

            Information related to accepted payment methods are made available during the purchasing process.

            Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of UCRAFT Next.

            All payments are independently processed through third-party services. Therefore, UCRAFT Next does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

            If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

            Virtual Currency for exclusive use inside UCRAFT Next

            On UCRAFT Next certain payments may be made using a Virtual Currency. Unless otherwise stated, such Virtual Currency is not tradable, exchangeable or redeemable against any traditional currency, any other open digital currency, goods or any other values.

            By purchasing Virtual Currency, Users acknowledge and understand that it may only be used within UCRAFT Next for the purposes expressly authorized by the Owner within the framework of its Services. Users also acknowledge and agree that they may not transfer, purchase, sell, or exchange such Virtual Currency outside of the Service.

            Accordingly, Users may not sublicense, trade, sell or attempt to sell Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of the dedicated offering provided by the Owner through UCRAFT Next. Any such prohibited use or transaction shall be considered null and void and could result in legal action being taken against the User.

            In case of contract or account termination for any cause attributable to the User, any and all unused Virtual Currency shall be forfeited and no refund shall be granted.

            Authorization for future PayPal payment

            If Users authorize the PayPal feature which allows future purchases, UCRAFT Next will store an identification code linked to the Users’ PayPal account. This will authorize UCRAFT Next to automatically process payments for future purchases or recurring installments of past purchases.

            This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

            Retention of usage rights

            Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

            Delivery

            Performance of services

            The purchased service shall be performed or made available within the timeframe specified on UCRAFT Next or as communicated before the order submission.

            Contract duration

            Trial period

            Users have the option to test UCRAFT Next or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of UCRAFT Next may not be available to Users during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on UCRAFT Next.

            The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.

            Subscriptions

            Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

            Fixed-term subscriptions

            Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.

            Once the subscription period expires, the Product shall no longer be accessible.

            Automatic renewal of fixed-term subscriptions

            Subscriptions are automatically renewed through the payment method that the User chose during purchase.

            The renewed subscription will last for a period equal to the original term.

            Trial period

            Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside UCRAFT Next.

            If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.

            User rights

            Right of withdrawal

            Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

            Who the right of withdrawal applies to

            Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

            Users that do not fit this qualification, cannot benefit from the rights described in this section.

            Exercising the right of withdrawal

            To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

            To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

            When does the withdrawal period expire?

            • Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

            Effects of withdrawal

            Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

            However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

            Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

            …on the purchase of services

            Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount which is in proportion to the part of service provided.

            Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.

            Exceptions from the right of withdrawal

            The right of withdrawal does not apply to contracts:

            • for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed;

            Liability and indemnification

            EU Users

            Limitation of liability for User activities on UCRAFT Next

            Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in UCRAFT Next.

            The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations.

            US Users

            Disclaimer of Warranties

            UCRAFT Next is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

            Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

            The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

            The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

            Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

            Limitations of liability

            To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

            • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
            • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
            • any errors, mistakes, or inaccuracies of content;
            • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
            • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
            • any interruption or cessation of transmission to or from the Service;
            • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
            • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
            • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

            This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

            Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

            Indemnification

            The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

            • User’s use of and access to the Service, including any data or content transmitted or received by User;
            • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
            • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
            • User’s violation of any statutory law, rule, or regulation;
            • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
            • User’s wilful misconduct; or
            • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

            Common provisions

            No Waiver

            The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

            Service interruption

            To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

            Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

            Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

            Service reselling

            Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of UCRAFT Next and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

            Privacy policy

            To learn more about the use of their Personal Data, Users may refer to the privacy policy of UCRAFT Next.

            Intellectual property rights

            Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to UCRAFT Next are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

            All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with UCRAFT Next are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

            Changes to these Terms

            The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

            Such changes will only affect the relationship with the User for the future.

            The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

            The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

            If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

            Assignment of contract

            The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

            Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

            Contacts

            All communications relating to the use of UCRAFT Next must be sent using the contact information stated in this document.

            Severability

            Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

            US Users

            Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

            EU Users

            Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

            Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

            Governing law

            These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

            Exception for European Consumers

            However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

            Venue of jurisdiction

            The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

            Exception for European Consumers

            The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

            Dispute resolution

            Amicable dispute resolution

            Users may bring any disputes to the Owner who will try to resolve them amicably.

            While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of UCRAFT Next or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

            The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

            The Owner will process the complaint without undue delay and within 21 days of receiving it.

            Online dispute resolution for Consumers

            The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

            As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

            Definitions and legal references

            UCRAFT Next (or this Application)

            The property that enables the provision of the Service.

            Agreement

            Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

            Business User

            Any User that does not qualify as a Consumer.

            Coupon

            Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

            European (or Europe)

            Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

            Example withdrawal form

            Addressed to:

            Ucraft, Inc 308 S Brand Blvd, Glendale, CA, 91205, USA [email protected]

            I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

            _____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

            • Ordered on: _____________________________________________ (insert the date)
            • Received on: _____________________________________________ (insert the date)
            • Name of consumer(s):_____________________________________________
            • Address of consumer(s):_____________________________________________
            • Date: _____________________________________________

            (sign if this form is notified on paper)

            Owner (or We)

            Indicates the natural person(s) or legal entity that provides UCRAFT Next and/or the Service to Users.

            Product

            A good or service available for purchase through UCRAFT Next, such as e.g. physical goods, digital files, software, booking services etc.

            The sale of Products may be part of the Service.

            Service

            The service provided by UCRAFT Next as described in these Terms and on UCRAFT Next.

            Terms

            All provisions applicable to the use of UCRAFT Next and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

            User (or You)

            Indicates any natural person or legal entity using UCRAFT Next.

            Virtual Currency

            A non-monetary asset by which Users may purchase specific Products offered on UCRAFT Next under the conditions specified by the Owner. Such assets can be manifested by codes, tokens, digital images etc.

            Consumer

            Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

            Latest update: May 16, 2022

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