1. Acceptance of Terms
By downloading, installing, or using the ubi places Inc. social platform ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. ubi places Inc. reserves the right to modify these Terms at any time. Your continued use of the App following any changes constitutes acceptance of the updated Terms.
2. Description of Service
ubi places Inc. is a location-based social platform that allows users to record places they have visited, share location-based experiences with other users, and discover new places through their social connections. The App uses mapping services, location data, and user-provided information to provide its core functionality. We offer different types of accounts (user, creator, and business) and features to help you discover, curate, and share places with people on and off the App.
3. Eligibility
To use the App, you must be:
- At least 18 years of age
- We must not have previously disabled your account for violation of law or any of our policies
- You must not be a convicted sex offender
By using the App, you represent and warrant that you meet these eligibility requirements.
4. User Accounts
To access certain features of the App, you must create an account. In creating an account you agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
5. User Content
You retain ownership of any content you submit, post, or display through the App ("User Content") unless it is a prohibited content as described in Section 7 of the Terms. By posting User Content, you grant ubi places Inc. a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and providing the App's services.
You are solely responsible for your User Content and represent that you have all rights necessary to grant the above license. You agree not to post content that is unlawful, defamatory, harassing, threatening, or otherwise objectionable. You agree to properly label sponsored content in accordance with your local laws.
6. Privacy Policy
The App collects and uses location data and user-provided information to perform its core services. By using the App, you consent to the collection and use of your location information as described in our Privacy Policy. You may disable location services at any time through your device settings, though this may limit the functionality of the App.
7. Prohibited Conduct
You agree not to:
- Use the App for any unlawful, misleading, fraudulent, or illegal purpose or in violation of these Terms
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Post someone else's private or confidential information without explicit permission or do anything that violates someone else's rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods)
- Interfere with or disrupt the App's infrastructure or other users' enjoyment of the App
- Attempt to gain unauthorized access to the App, other user accounts, or any related systems
- Use the App to collect personal information about other users without their consent
- Use automated means, including bots, scrapers, or spiders, to access or interact with the App
- Upload or transmit viruses, malware, or other malicious code
- Use the App to stalk, harass, or harm another individual
8. Intellectual Property
The App and its original content (excluding User Content), features, and functionality are owned by ubi places Inc. and are protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ubi places Inc.
9. Third-Party Services
The App may contain links to or integrate with third party services, including mapping providers and social networks. We do not endorse or control any third party content or service, and we are not responsible for their content, privacy policies, or practices. Your use of and reliance on any third party services is at your own risk and subject to their respective terms of service. You can review how we share and manage third party access in our Privacy Policy.
10. Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
- We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
11. Termination
We may terminate or suspend your account and access to the App immediately, without prior notice, for any reason, including breach of Terms. Upon termination, your right to use the App will immediately cease. You may delete your account at any time through the App's settings.
12. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UBI PLACES INC. DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
13. Limitation of Liability
IN NO EVENT SHALL UBI PLACES INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or the App ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other users of the App. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court of competent jurisdiction. All other claims (or requests for relief) remain subject to this provision.
Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Instagram account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: ubi places Inc. ATTN: ubi Arbitration Opt-out, 800 N King St, Suite 304-2750, Wilmington, DE 19801.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Instagram account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to ubi places Inc., ATTN: ubi Arbitration Filing, 800 N King St, Suite 304-2750, Wilmington, DE 19801. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your ubi account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the District of Delaware or the Delaware State Superior Court. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of Delaware, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
15. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes.
16. Contact Us
If you have any questions about these Terms of Service, please contact us at:
ubi places Inc.
Email: support@ubiplaces.com
800 N King St
Suite 304-2750
Wilmington, DE 19801