Welcome to UXPressia, a service offered by UXPressia, Inc. registered in California (“Company”). The following terms and conditions (the “Terms”) govern all use of the website and all content (including User Content, defined below), services and products available at or through the website, including, but not limited to online uploads, display, delivery, acknowledgment, and limited storage services for documents (collectively, the “Services”) (the website, content and Services collectively known as the “Website”).
1. License to use our services
Subject to these Terms, we and our licensors grant you a limited, personal, non-exclusive, non-transferable license to use our Services for your personal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all the rights, title and interests in and to our Services, including all related intellectual property rights. Our Services and those of our licensors are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services. Any rights not expressly granted herein are reserved by us. Copyright 2020 UXPressia, Inc. All rights reserved.
2. Fees for services
You agree to pay UXPressia any fees for each Service you purchase or use (including any applicable additional fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify UXPressia of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
3. Your UXPressia account
You are responsible for maintaining the security of your user account with UXPressia with respect to the Services (“Account”) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify UXPressia of any unauthorized uses of your account or any other breaches of security. UXPressia will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Suspension and termination of services
Your UXPressia account will continue in effect unless and until you cancel or we terminate it.
a) If you are a paid account user, you must cancel your account before it renews for the selected cycle in order to avoid billing of the next cycle’s fees to your credit card. UXPressia will bill the fees associated with your paid account to the credit card you provide during or after the registration (or to a different credit card if you change your account information). We will not process any refunds. By signing up for a paid account and providing UXPressia with your payment account information, you hereby agree to these payment terms and conditions. If you terminate your account in the middle of a billing cycle, you will not receive a refund unless you are terminating your account for any of the following reasons: (a) UXPressia have materially breached these Terms and failed to cure that breach within 30 days after you have so notified UXPressia in writing; (b) a refund is required by law; or (c) UXPressia, in its sole discretion, determine a refund is appropriate. To clarify, UXPressia will not grant a refund where you have used the Services and Website, unless the termination is due to UXPressia’s material, uncured breach or a refund is required by law.
b) UXPressia may suspend performance or terminate your account for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after UXPressia has so notified you in writing; or (b) you fail to pay fees promptly and in accordance with the terms of your agreement to use the Services. Additionally, UXPressia may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if UXPressia is investigating suspected misconduct by you.
5. User content
You represent and warrant that (1) any information you provide in connection with your use of the Website is true, accurate and complete and you will maintain and update such information regularly; (2) you will respect the intellectual property and other informational and all rights of UXPressia and others; and (3) you will not provide information or content that is:
- is unlawful or promotes unlawful activities;
- defames, harasses, abuses, threatens, or incites violence towards any individual or group;
- is pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- is spam, is machine- or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
- impersonates any person or entity, including any of our employees or representatives; or
- violates the privacy of any third party.
In these Terms, the content you or other users upload to the Website, includes, but is not limited to, documents, pictures, video, graphics, files, texts, personalization settings and other information or content, which is or may be provided to UXPressia or placed on the user’s UXPressia profile page or inputted or uploaded by you via the Website or related means (“User Content”).
You acknowledge that, in order to ensure compliance with legal obligations, UXPressia may be required to review certain content submitted to the Website to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, UXPressia otherwise has no obligation to monitor or review any content submitted to the Website and we are not responsible for the content people post and share by using the Services and Website.
If any confidential information and trade secrets are disclosed by you during the course of using the Services, UXPressia will treat such information in strictest confidence and will not disclose such information to any other party, without the prior written consent from you. However, information is not regarded as confidential if such information is already in the public domain or documented in the files of the non-disclosing Party at the time of disclosure, or which subsequently becomes available to the public without any breach of these Terms, and except for disclosures permitted in these Terms shall be held. Each Party will take reasonable precautions including, without limitation, all precautions it takes to protect its own confidential information, to prevent any disclosure of the other’s confidential information. UXPressia may disclose your confidential information when required by law or legal process, but only after UXPressia, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirements to disclose at your sole cost and expense.
UXPressia will store and process your Account information in a manner consistent with the applicable industry security standards. You also agree to help us keep your Account information protected and safeguard your password, keep your Account information current, not share your Account credentials, and not give others access to your Account. You agree and acknowledge that you are responsible for safeguarding your password and any other credentials used to access your Account. You, and not UXPressia, are responsible for any activity occurring in your Account.
If you become aware of any unauthorized access to your Account, you should notify UXPressia immediately. UXPressia will reasonably cooperate with you with respect to any investigations relating to a security incident and provide any information reasonably requested by you in relation to a security incident, where such information is not already available to you in your Account or online.
8. Changes and updates
UXPressia may make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the UXPressia website. The then-current version of these Terms will supersede all earlier versions and changes will be effective no sooner than the day they are publicly posted. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. In order for certain changes to become effective, applicable law may require UXPressia to obtain your consent to such changes, or to provide you with sufficient advance notice of them. You agree that your continued use of the Website after such changes have been published to our Services will constitute your acceptance of such revised Terms. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service and Website, because by continuing to use the Services and Website you indicate your agreement to be bound by the updated Terms.
9. Disclaimer of liability
UXPressia, to the greatest extent permitted by applicable law, hereby disclaims any and all liability relating to the User Content arising from any defamatory, libelous, obscene, inaccurate, erroneous, or illegal information or materials that may occur or be contained therein, and any unauthorized use of the same, including, but not limited to, liability arising under laws relating to copyright, trademark, patent, libel, trade secrets, privacy, other intellectual property and/or and any other applicable law, statute, or regulation.
UXPressia disclaims all liability for unauthorized use (by other users) of User Content, and disclaims (without limitation) all liability for use of User Content which breaches any copyright, trademark rights or other intellectual property rights of any other user or person.
UXPressia, to the greatest extent permitted by applicable law hereby disclaims any and all responsibility or liability for unauthorized access to, or use of, the Account (and any related subaccounts, User profiles, or information), including as the result of automatic forwarding of messages containing viruses; provided, that UXPressia has implemented and maintained reasonable security measures in accordance with prevailing industry standards to detect and prevent such unauthorized access or use.
UXPressia is under no obligation to become involved in any dispute that you have with other users or in any incident that you are party to with other users, or that are affected by or otherwise related to this site.
You are solely responsible for any damage (including to the Website) resulting from use (or submission) of any User Content or the Website (including disputes and incidents described in the preceding sections) and related transactions or occurrences.
10. Disclaimer of warranties
THE USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the services or any service content, and reliance on the services and service content is at your own risk. Any material that you access or obtain through the services is done at your own discretion and risk and you will be solely responsible for any damages to your computer or loss of data that results from the download of any material through the services. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UXPRESSIA OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
11. Limitation of liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UXPRESSIA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF UXPRESSIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF UXPRESSIA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO UXPRESSIA FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; OR (B) $200.00 USD.
You agree to indemnify and hold UXPressia, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Website, including, without limitation, User Content, your violation of these Terms, or your violation of any rights of a third party through use of the Website or User Content.
13. Copyright infringement and DMCA policy
If you believe that material located on or linked to by UXPressia violates your copyright, you are encouraged to notify UXPressia in accordance with our Digital Millennium Copyright Act Policy (“DMCA Policy”).
UXPressia respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, UXPressia will terminate a user’s access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of UXPressia or others. UXPressia may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to Company’s designated copyright agent at the address provided by the California Secretary of State. If UXPressia takes action in response to an infringement notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to UXPressia. Any DMCA infringement notice may be forwarded to the party that made the content available and or to any interested third parties.
If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content you submitted to the Website, you may send a properly formatted counter-notice to Company’s copyright agent using the contact information set forth above.
If a counter-notice is received by Company’s copyright agent, UXPressia may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user; the removed content will be reinstated on the Website in ten (10) to fourteen (14) business days after receipt of the counter-notice.
14. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN A COURT OF LAW AND TO HAVE A JURY HEAR YOUR CASE. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled through final and binding arbitration by a single arbitrator. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. You and we expressly waive a trial by jury. The arbitration will be held in San Francisco, California, or any other location we agree to, in the English language and the arbitral decision may be enforced in any court. Each side will be responsible to pay its own attorney fees and costs.
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, address, username/account number, email address you use for your UXPressia account, and a clear statement that you want to opt out of this arbitration agreement, and you must send the email to: email@example.com.
15. Entire agreement
These Terms constitute the entire agreement between you and UXPressia with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
16. Waiver, severability & assignment
UXPressia’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign any of your rights under these Terms, and any such attempt will be void. UXPressia may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assignees.
17. Contact details
951 Mariners Island Blvd., Suite 300, San Mateo, CA 94404
Tel: +1 205-850-1396