UBi Transparent Logo

TERMS OF SERVICE

1. Acceptance of Terms

Your use of the Ubi Online website, Decentralized App (DApp), and crypto-based social networking services (collectively, the “Ubionline Services”) is governed by these Terms of Service (these “Terms”). You must read and agree to be bound by these Terms as they form an agreement between you and us concerning your use of the Ubionline Services. If you do not agree to be bound by these Terms, we advise that you refrain from accessing or using the Ubionline Services.

These Terms should be read and agreed to in conjunction with other applicable policies and agreements that exist on the Ubionline Services, including our Privacy Policy document that describes the information we collect and its uses.

2. About Us

The Ubionline Services are provided by Yubi a G.S Company, LLC (referred to herein as “us,” “we,” or “our”). We are a limited liability company.

If you have any concerns, issues, questions, inquiries, queries, or feedback about any portion of these Terms, please use our contact us form or reach out to us at [email protected].

3. The Ubionline Services

The Ubionline Services refers to our website, DApp, and associated social networking features and services provided through them, including your purchases, your ability to make a post and earn from it, your interaction with other users, your creation of events, your sending of invites to influencers, and the like.

The Ubionline Services are provided for the purposes described above (as available on the website and DApp) and not for anything else. By using the Ubionline Services, you agree to use them for the intended purposes and any additional features, services, and purposes that may be added later.

  1. Due to regulation issues in U.S. region, trading/ buying/ and selling of UBi tokens will be prohibited in U.S region including Puerto Rico, U.S Virgin Islands. We are not responsible for any trading/ buying/ and selling of UBi tokens. The UBi token is available to buy/ sell via DEX/ CEX but if however, the U.S market has access to UBi tokens via DEX/ CEX, we are not responsible or accountable.
4. Eligible individuals

In order to be eligible to use the Ubionline Services, you must:

  1. Be at least 18 years of age;
  2. Be able to or have the legal capacity to enter into a binding agreement such as these Terms; and
  3. Not be barred from using the Ubionline Services by any applicable location law.

By using the Ubionline Services, you represent and warrant that you meet all of the above eligibility requirements. If you do not meet these requirements, you must immediately refrain from using the Ubionline Services.


5. Privacy policy

We care about your privacy. We do not collect more than the information we need to provide you with your requests and the Ubionline Services. And we use your information in compliance with applicable privacy laws. Please, read our Privacy Policy to learn about the information we collect, who we disclose them to, how we use them, the rights applicable to you, and similar privacy practices. By submitting personal information to us and using the Ubionline Services, you agree to our privacy practices.

6. Connecting to our DApp

In order for you to use the Ubionline Services and perform activities, including paying for certain features, purchasing the UBi token, creating posts, organizing events, and inviting people, you will be required to connect an external wallet address (such as your Metamask wallet) to our DApp. By connecting your wallet to our DApp, you warrant to us that you own the wallet connected.

You are the sole owner of the wallet address you connect to our DApp. You may disconnect it at any time by simply clicking on your wallet address at the top right corner of the DApp and following the prompt.

The security of your wallet is paramount to us. We do not have access to any funds in your wallet. And no employee or individual from us will request access to your wallet. As with other crypto projects, you should ignore anyone asking you to reveal your seed phrase or private keys to provide support services. You hereby release us from any losses associated with the funds in your wallet.

7. Fees and payments

You agree that certain fees may be charged for the transactions you perform on the Ubionline Services. These fees may include the Ethereum blockchain network gas fees charged by Ethereum or royalty fees from your purchase of digital assets such as NFTs and tokens. You hereby agree to all these fees as described on the transaction page and as may be displayed by the Ethereum blockchain network. You understand that such fees are automatically deducted from your connected wallet upon your approval.

To pay for any transaction and fees on the Ubionline Services, you are required to connect your wallet to our DApp. By initiating a transaction, you understand that transactions are completed on the Ethereum blockchain (or any other network that may be supported later) and that we have no control over the completion or speed. You also agree that once a transaction is initiated on the blockchain, it cannot be canceled, reversed, or refunded.

8. User Content

“User Content” under these Terms refers to any video or content a user submits to our DApp, especially those appearing on public parts.

You retain the ownership right to your User Content – we do not claim them as our own. However, we need your license to upload and host your User Content on the Ubionline Services. Therefore, by submitting User Content to our DApp, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, transferable, sublicensable license and right to upload, host, display, copy, reproduce, modify, transmit, publish, create derivative works, store, distribute, translate, and make the User Content available publicly, and use it with respect to the Ubionline Services, including in connection with promoting, advertising, and marketing the Ubionline Services on any platform, social media, or channel (known now or later developed). You also agree that we may grant this license to other users to the extent it does not infringe on your intellectual property rights. You have the right to withdraw this license at any time by deleting the User Content.

We do not represent that we screen, monitor, or review any User Content for violations of these Terms before they are hosted on our DApp, nor do we endorse them to be accurate, reliable, stable, and complete – although we strive to take actions when User Contents are reported for violations. Nevertheless, to the maximum extent the applicable law permits, you release us from any losses or liabilities you may incur from your reliance and use of any information attached to a User Content found on the Ubionline Services.

As highlighted above, we strive to make the Ubionline services safe for all users. We reserve the right to screen, monitor, and review User Content for violations of these Terms or any other ethical standard before we host them on our DApp.

Specifically, you may NOT post User Content that:

  • Infringes on any third-party copyright or other intellectual property rights.
  • Contains any threatening, harassing, defamatory, or offensive material.
  • Promotes illegal activities or violence.
  • Contains any viruses or malicious software.

We also need your help: we welcome you to report any User Content you believe violates these Terms or any ethical standard.

We reserve the right to take any action we deem fit over any User Content we believe violates these Terms, including deleting the User Content and/or blocking the user from further using the Ubionline Services for repeated violations.

By posting User Content on our DApp, you agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your actions or User Content.


9. UBi Content

The contents on our website and DApp that are not User Contents, including but not limited to the articles, texts, graphics, photographs, images, audio, videos, design, sounds, look and feel, source codes, logos, and artwork (“UBi Content”), and other property on the website and DApp, including software, databases, domain name, trademarks, trade dress, and trade name, are our property and are licensed to us under copyright and other intellectual property rights in the United States and everywhere else.

Subject to your eligibility to use the Ubionline Services and compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to access and use the UBi Content and other property that you have gained proper access to, including downloading any portion, for your personal, non-commercial use.

The license we grant you above does not include the (i) modification or resale of any UBi Content; (ii) copying of any of our description, phrases, pricing, and other marketing content; or (iii) the use of our trademarks with any other product that may cause confusion. We reserve all the rights that are not granted to you under these Terms.

10. Acceptable Use Policy (AUP)

This Acceptable Use Policy (AUP) section sets out the terms in which you are allowed to access and use the Ubionline Services.

You may use the Ubionline Services for lawful purposes only. You may NOT use them:

  • In any way that breaches these Terms, any applicable local, national, or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • To perform any activities that seek to gain unauthorized access to the website or DApp or networks connected to them through hacking, private key mining, social engineering, or any other unlawful means.
  • To attempt to obstruct or interfere with the smooth operation of the website or DApp by interfering with any security measures we put in place.
  • Create or promote pyramid schemes or any type of fraudulent commercial practices.

We do not guarantee that the website and DApp will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform in order to access the website and DApp. You should use your own virus protection software.

11. Termination; Survival

You understand that we reserve the right to suspend, limit, block, or terminate your access and use of the Ubionline Services at any time for any reason, including if we believe that your use violates these Terms, any applicable law, or any ethical behavior. You also may terminate your use by disconnecting your wallet from our DApp.

Upon the termination of your account – either by you or us – these Terms shall terminate, except for any provision under these Terms that by their nature is expected to survive (including without limitation, the dispute resolution, disclaimers, indemnification, and limitation of liability clauses).

12. Disclaimers; Risk assumptions

YOU UNDERSTAND THAT THE ENTIRE UBIONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND – WHETHER EXPRESS OR IMPLIED – INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, ACCURACY, TITLE, RELIABILITY, AND NON—INFRINGEMENT.

  • WE DO NOT WARRANT THAT THE UBIONLINE SERVICES ARE PERFECT, RELIABLE, OR SAFE OR THAT THE SOCIAL NETWORKING FEATURES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR NEEDS.

  • WE DO NOT ENDORSE OR WARRANT THAT ANY INFORMATION OR CONTENT, INCLUDING USER CONTENTS AND UBI CONTENT CAN BE RELIED ON.

  • WE DO NOT WARRANT THAT THE UBIONLINE SERVICES WILL RUN AT ALL TIMES UNINTERRUPTEDLY AND WITHOUT DOWNTIME.

  • WE DO NOT REPRESENT THAT WE VERIFY USERS OR ANY ACTIVITIES THEY PERFORM ON THE UBIONLINE SERVICES.

  • WE MAKE NO WARRANTIES THAT OUR WEBSITE AND DAPP ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, AND OTHER HARMFUL SOFTWARE OR PROGRAMS FROM OTHER USERS AND THIRD PARTIES.

  • WE DO NOT WARRANT THAT YOUR PERSONAL INFORMATION AND USER CONTENT ARE SECURE FROM UNAUTHORIZED ACCESS, ALTERATION, OR USE.

Furthermore, by transacting on the Ubionline Services, including purchasing and trading digital assets such as the UBi token, you acknowledge that there are certain risks associated with it.

You hereby understand and agree that:

  • The value of a digital asset is subject to demand and supply and market forces, and they are volatile in nature. Market fluctuations may materially affect the price, which may cause it to decrease below your expectations; thus, making you lose some or all of your money.
  • A lack of public interest in the development of a distributed ecosystem could impact the development of such ecosystems negatively, thus impacting their utility negatively.
  • The laws and policies governing cryptocurrencies, digital assets, and the blockchain network are uncertain for now, and new laws and policies may affect the utility of your purchased assets adversely.
  • We may, at any time, be under a regulatory inquiry or action, which may limit or impede your ability to access and use your digital asset.
  • The cryptocurrency and blockchain world is a progressing/developing industry and technical advances – such as the development of quantum computers – may pose some risks to smart contracts or your digital assets, which may result in their exploitation, theft, or loss.
  • You further understand that the trading of digital assets, such as the UBi token, has potential risks and rewards. You understand that investing in digital assets is not suitable for everyone and that you may lose your funds at any time subject to market demand and supply.

13. Limitation of Liability

TO THE MAXIMUM EXTENT THE APPLICABLE LAWS PERMIT, YOU UNDERSTAND AND AGREE THAT WE (AND OUR AGENTS, AFFILIATES, DIRECTORS, OWNERS, EMPLOYEES, AND PARTNERS) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES (INCLUDING LOSS OF PROFIT, REVENUE, TIME, INTEGRITY, GOODWILL, OR DATA) THAT MAY ARISE UNDER ANY LEGAL THEORY FROM YOUR USE OF THE UNBIONLINE SERVICES – EVEN IF WE MAY HAVE BEEN HINTED OF THE POSSIBILITY OF THE EVENT LEADING TO THE DAMAGES.

NEVERTHELESS, WE MAY BE FOUND LIABLE FOR ANY DAMAGES BY APPLICABLE LAW. AND IF THAT HAPPENS, YOU UNDERSTAND AND AGREE THAT OUR TOTAL LIABILITY SHALL NOT BE MORE THAN THE TOTAL FEES YOU’VE PAID TO US IN THE PAST 6 MONTHS BEFORE YOUR CLAIMS OR A SUM OF $100 (WHICHEVER IS GREATER).

SOME STATES, LOCATIONS, AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR DAMAGES. IF THESE STATES, LOCATIONS, OR JURISDICTIONS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITIES SHALL NOT APPLY TO YOU.

14. Indemnification

You hereby agree to defend, indemnify, and hold us harmless (including our directors, affiliates, agents, owners, employees, and partners) from and against any claims, disputes, damages, demands, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, and expenses) that may arise due to or may be connected to your (i) use of the Ubionline Services or your access of our website and Dapp and the UBi Content; (ii) breach or violation of these Terms or any applicable law; (iii) infringement of any third party intellectual property rights; or (iv) your use of any third-party services.

15. Reporting copyright infringement

We do not allow users to submit User Contents that infringe on other users’ or third parties’ copyrights or other intellectual property rights on the Ubionline Services. In accordance with the procedures laid down by the Digital Millenium Copyright Act (DMCA), users or third parties can report (send a “Notice”) any User Content they believe violates their rights. If you are a user or a third party, you or an agent you designated can send a Notice to our email address at [email protected] with the information required below:

  1. Notice procedure
    • Detailed information about the User Content that you believe is infringed on, including the part of our DApp it can be found (you may provide the URL address).
    • Your contact information that we may respond to (this may include your name, mailing address, and/or phone number).
    • Include the statement “I declare that I have a good faith belief the alleged infringer was not authorized to use the infringed content” in your Notice.
    • Include the statement “I declare, under penalty of perjury, that the information I have provided in this Notice is accurate and true” in the Notice. If you are a designated agent, include “I declare that I am authorized by the copyright owner to make this Notice” in the initial statement.
    • Provide a physical or electronic signature of the reporter – whether the owner or the designated agent.
  2. Counter-Notice
  3. If you are a user whose User Content has been removed due to a Notice, you may report (send a “Counter-Notice”) if you believe we removed your User Content by misidentification by submitting the requirements below to [email protected] (you or a designated agent may submit this Counter-Notice):

    • Your name and contact information, including your phone number, mailing address, and/or email address.
    • The description of the User Content that we removed due to a Notice.
    • Include the statement “I consent to the jurisdiction of the Federal District Court for the judicial district where my address is.” If you are located outside of the United States, use this statement instead: “I consent to the jurisdiction of New Jersey and I will accept service process from the individual who provided the Notice or their authorized agent.”
    • Include the statement “I declare, under penalty of perjury, that I have a good faith belief that the content was removed as a result of misidentification or mistake.”
    • Your physical or electronic signature.

    When we receive your Counter-Notice, we will contact the person who initiated the initial Notice and give them 10 days to respond. If they do not respond within 10 days, we may, at our discretion, restore the User Content on our DApp.


16. Dispute resolution; Governing law

This section contains the terms related to any disputes you may have with us with respect to the Ubionline Services. You agree that if you have any disputes or disagreements with us with respect to the Ubionline Services, you will contact us at [email protected] to try and settle it informally for at least 30 days. If we are unable to come to resolve such a dispute within 30 days, then you have the right to take legal actions – subject to the below resolutions.

  1. Governing law and jurisdiction: These Terms and all aspects of the Ubionline Services shall be governed by and construed in accordance with the laws of the State of New Jersey, US, without regard to conflict of law and its provisions. With respect to any disputes not subject to the informal resolution described above or binding arbitration described below, you agree not to commence or prosecute any action other than in the State and Federal courts located in the State of New Jersey. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such courts.
  2. Binding arbitration: If we are unable to agree on an informal resolution for at least 30 days, either of us may elect to have the dispute settled by binding arbitration subject to the terms described herein (excluding the exceptions described below). Any election to arbitrate by either you or us shall be binding on the other. The arbitration shall be commenced and conducted in line with the Commercial Arbitration Rules of the American Arbitration Application (AAA), and where appropriate, the AAA’s supplementary procedures for Consumer Related Disputes (AAA Consumer Rules). Both rules may be found on the AAA’s website at www.adr.org. The decision of a dispute being qualified for arbitration shall be determined using the Federal Arbitration Act (FAA) in a court rather than by an arbitrator. Your arbitration fees and share of the arbitration compensation shall be governed by the AAA Consumer Rules. The arbitration may be conducted through the submission of documents, in person, by phone, or online by mutual agreement. The arbitrator shall pass judgment in writing but need not provide reasons unless you or us requests. If the arbitrator does not follow applicable laws, either of us may challenge the arbitrator. YOU UNDERSTAND THAT ABSENT THIS ARBITRATION PROVISION, YOU HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
  3. Arbitration restrictions: You hereby agree that arbitration shall be limited to the dispute between you and us. To the fullest extent applicable permits, (i) no arbitration shall be joined with another arbitration, (ii) no dispute shall be arbitrated on a class-action basis or utilize class-action procedures, and (iii) no dispute shall be brought in a purported representative capacity on behalf of another person or the public.
  4. Exceptions: You hereby agree that the following disputes shall not be subject to informal resolution or binding arbitration: (i) any dispute seeking to enforce or protect (or concerning the validity of) any party’s intellectual property rights; (ii) any dispute relating to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (ii) any claim from injunctive relief.
17. Changes
  1. To the Ubionline Services: The Ubionline Services are in constant development. Therefore, we reserve the right to modify, change, discontinue, or add new features to the Ubionline Services at any time without liability to you.
  2. To these Terms: We reserve the right to modify these Terms at any time for reasons such as changes to the Ubionline Services or any applicable laws. If we make changes to these Terms, we will post the revised version on this page and update the “Effective Date” at the top of this page.

It is your responsibility to check this page from time to time for any changes. However, we may notify you of changes to these Terms through our social media pages.

Your continued use of the Ubionline Services after any changes have been made will constitute your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Ubionline Services.


18. Additional services

The Ubionline Services may offer additional services that may be introduced over time. These additional services may include giveaways, contests, promotions, and sweepstakes related to the existing Ubionline Services. These additional services may come with additional terms of services that will form an addendum to these Terms. By participating in any additional services on the Ubionline Services, you agree to be bound by any additional services you participate in. And you agree that if a conflict occurs between any additional terms of services and these Terms, the additional terms of services shall supersede.

19. Third-Party Services

Some parts of the Ubionline Services may contain links, adverts, and contents that are from third-party entities and services. These links, adverts, and content may be posted on the website and DApp by users and third-party affiliates. The existence of any of such links, adverts, or content on the Ubionline Services does not represent that we endorse them to be reliable, safe, or credible to access and use. We do not represent that we monitor any third-party service simply because their links, adverts, and content exist on the Ubionline Services. For the avoidance of doubt, these Terms do not govern any third-party service even if you may link to such service through the Ubionline Services.

You should review the terms and policies of the respective third-party services before clicking their links, adverts, or contents. You hereby release us from any losses, damages, and liabilities that may be associated with any third-party services you link to through the Ubionline Services.

20. Miscellaneous
  1. Entire agreement: These Terms represent the entire agreement between you and us with respect to your use of the Ubionline Services. These Terms – together with the other applicable agreements and policies that apply to the Ubionline Services – supersede any previous agreements, promises, covenants, and understanding between you and us – whether oral or in writing.
  2. Severability: If any portion or provision under these Terms is found to be invalid or unenforceable by any applicable law, such a portion or provision shall be deemed severable from these Terms, and it shall not affect the remaining valid and enforceable portions or provisions.
  3. Waiver: If you violate a provision of these Terms and we delay or fail to enforce our right or take an action immediately, it shall not waive our right to enforce that right later or on similar violations. No waiver under these Terms shall be valid except where we put it in writing.
  4. Force majeure: If we are unable to provide any portion of the Ubionline Services at any time or there is a delay as a result of any event outside our reasonable control (including without limitation, internet breakdown, riots, government intervention, and acts of God), we shall not be held liable for any liabilities or damages the delay or failure may cause you.
  5. Assignment: You may not assign, transfer, or license your rights under these Terms to any third party without written approval from us to that effect. We, on the other hand, may assign our duties to third parties.
  6. Electronic communications: When you interact with the Ubionline Services, as well as when you contact us via the contact us form or our email address, you are communicating with us electronically. We also may communicate with you electronically through any portion of the Ubionline Services, including via email, our agreements, and policies. By using the Ubionline Services, you consent to electronic communications, and you agree that electronic communications, including via our agreements and policies, satisfy any legal requirement.
21. Contacting us

If you have any questions, concerns, queries, inquiries, feedback, reviews, opinions, or issues with any portion of these Terms or the Ubionline Services, you may Contact Us or reach out to us at [email protected].