Terms and Conditions of Use
Agreement between User and UBEREM LLC
Welcome to www.uberem.com.ua.
The www.uberem.com.ua website (hereinafter the “Site”) is comprised of various web pages operated by UBEREM LLC. UBEREM LLC is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Site constitutes your agreement to all such Terms. This Agreement will become effective upon your first visit to the Site and will remain in effect for the duration of your use of the Site. Please read these terms carefully, and keep a copy of them for your reference. In case you do not agree with our Terms, we kindly ask you to refrain from using Site.
www.uberem.com.ua is a commercial Site.
Using the Site
On a contract basis UBEREM LLC involves third parties providing and/or offering services to the Users through the Site. UBEREM LLC provides such third parties with informational, promotional and / or other services exclusively, related to the posting of information about such third parties, without giving any guarantees to the Users as for the quality of service provided to the Users by third parties.
Your contract is with the Service Provider and responsibility for the provision of the services rests solely with them. Make sure to read the Services Terms and Conditions carefully. They will be legally binding on you once you have indicated you agree to them.
UBEREM LLC is not responsible and undertakes no obligation concerning Services provided to the Users on the Site by third parties.
Provision of Services to the Users by third parties is carried out on the basis of certain agreements of specific Users and third parties, where the UBEREM LLC is not the party, even if the User received information about these Services using the Site, or if the Administrator in any other way contributed to the conclusion of such agreements.
UBEREM LLC is not responsible for the timing, quality of information about these Services, as well as UBEREM LLC is not liable towards Users for any negative effects, damage (losses) caused to the User due to failure or improper provision of Services by third parties.
Even though your contract is with the Service Provider, we will continue to be your main contact whilst the Service Provider is providing the services to you. We will also process all non-cash payments from you on behalf of the Service Provider.
Although we make every possible effort to vet and select an appropriate Service Provider, the responsibility for the provision of the services is theirs alone. You agree that we take no responsibility (directly or indirectly) and incur no liability of any kind for the provision of the services that you have booked.
We welcome your feedback about Service Providers so if you experience problems of any kind with a certain Service Provider, please contact us as soon as possible on email@example.com
Visiting Site or sending emails to UBEREM LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that UBEREM LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. UBEREM LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children under fourteen
UBEREM LLC collects personally identifiable information from children under the age of fourteen. UBEREM LLC collects this information for the following reason(s):
We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on the Site. If you are under the age of fourteen, you must ask your parent or guardian for permission to use this Site. If you are parent and you have questions regarding our data collections practices, please contact us using the information provided at the end of this Agreement. If you under 18, you may use the Site only with permission of a parent or guardian.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of UBEREM LLC and UBEREM LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. UBEREM LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UBEREM LLC of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.uberem.com.ua domain, you hereby acknowledge and consent that UBEREM LLC may share such information and data with any third party with whom UBEREM LLC has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of UBEREM LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of UBEREM LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of UBEREM LLC or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
UBEREM LLC has no obligation to monitor the Communication Services. However, G4 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. UBEREM LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
UBEREM LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in UBEREM LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. UBEREM LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, UBEREM LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized UBEREM LLC spokespersons, and their views do not necessarily reflect those of UBEREM LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to the Site or posted on any the Site’s web page
UBEREM LLC does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any UBEREM LLC’s Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting UBEREM LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. UBEREM LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in UBEREM LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your’ the Site account to third party accounts. By connecting your’ the Site account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by UBEREM LLC from our office within the Ukraine. If you access the Site from a location outside Ukraine, you are responsible for compliance with all local laws. You agree that you will not use the Site Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless UBEREM LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. UBEREM LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with UBEREM LLC in asserting any available defenses.
Any dispute, controversy or claim arising out of or relating to these Terms, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, shall be settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules.
This contract shall be regulated by the substantive law of Ukraine. The number of arbitrators shall be three. The place of arbitration shall be Kyiv, Ukraine. The language(s) to be used in the arbitral proceedings shall be Ukrainian or other.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UBEREM LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
UBEREM LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. UBEREM LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UBEREM LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UBEREM LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
UBEREM LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Ukraine and you hereby consent to the exclusive jurisdiction and venue of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and UBEREM LLC as a result of this agreement or use of the Site. UBEREM LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UBEREM LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by UBEREM LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and UBEREM LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and UBEREM LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
UBEREM LLC reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. UBEREM LLC encourages you to periodically review the Terms to stay informed of our updates.
UBEREM LLC welcomes your questions or comments regarding the Terms:
03113, street Degtyarivskaya, building 49, room 27, Kyiv, Ukraine
+380 63 267 0396
Effective as of January 1, 2019.