1.1. Uniper has designed an innovative system that enables consumers to live an active and healthy social life, relieve loneliness and boredom, all through an interactive technology-enabled service (the "Service") offered by means of a combination of certain equipment and software, which can be available on any network or device, including TV sets, desktops, smartphones or tablets (each, a "Device"). The Service is personalized and includes access to a rich content library, full of live and interactive activities, as well as video-on-demand and other interactive features and programs (collectively, the "Content").
Upon request, Uniper can assist you to procure appropriate Internet connection. However, such Internet connection will be provided by a third party which is not controlled by Uniper and therefore in this case Uniper will not be liable for any Internet malfunction or any inability to use the Service due to lack of Internet connectivity, and any inquiry and/or claim regarding the above should be addressed directly to such third party providing the Internet connection.
As part of the Service, Uniper will provide you with certain equipment required for connectivity of the Service through your Device, such as a dedicated player, a camera and a controller or any other equipment required for use of the Service (collectively, the "Equipment").
You are responsible for using any provided Equipment with due care and solely in accordance with the instructions provided by Uniper in accompanying documentation (the "Manuals"). If you are experiencing problems with the Equipment, you should always call our support call center at the contact details provided on the Website or through the Application and never attempt to fix, change the technical settings (except in accordance with the Manuals), or otherwise meddle with the Equipment without our assistance. Uniper will not be liable for, and the manufacturer's Equipment warranty will not apply, in case of use of the Equipment in a negligent, irresponsible manner or in any way that is not in accordance with the Manuals, and in such case the User will be responsible for all costs and expenses associated with repair and replacement of such Equipment.
For existing Users, Uniper has a call center available for support and warranty services. Warranty for the Equipment will be provided back-to-back with the manufacturers warranty, including all the applicable warranty limitations. If you have any questions concerning the warranty for your specific Equipment, please do not hesitate to contact our call center for questions at the contact details available on our Website or Application.
Uniper or its representatives may, at reasonable times during pre-arranged normal business hours enter the premises where the Equipment is located to inspect the condition and operation of the Equipment.
Upon termination of the Service for any reason (as described in Section 9 below), one of our representatives will contact you to arrange a time to uninstall and return the Equipment.
The access granted to you to use the Service, the Content and the Equipment is subject to your compliance with the following restrictions:
All rights, title and interest in and to the Service, the Content, the Equipment, the Website and the Application, including any and all copyrightable materials or any other content which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary works, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the "look and feel" of the Website, the Application and any Content, methods, products, algorithms, data, interactive features and objects, inventions, trade secrets, domains, trademarks, service marks, trade names, logos and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, the "Intellectual Property"), and any derivations thereof are owned by and/or licensed to Uniper.
Uniper's Equipment, any software embedded therein, and Content are not sold or transferred to you, and the Company and its licensors continue to retain ownership of all of the above after installation on your Devices.
To the extent that the Service may include or interact with any equipment, devices or services provided by any third party ("Third Party Services"), you hereby agree and acknowledge that such Third Party Services may come with their own terms and conditions of use, and that Uniper does not endorse and shall not be liable with respect to such Third Party Services, and that you will review the terms and conditions of such Third Party Services, where applicable, and abide by their terms. Any use of Third Party Services is done at your sole risk and responsibility.
7.1. Users may post, upload, submit or otherwise contribute content to the Service, whether in the form of User reviews, feedback, opinions, texts, pictures, audio or video messages, chat and other posts or information ("User Content"). By posting User Content through or in connection with the Service, you hereby acknowledge and agree that you are the rightful owner of all the necessary rights and authority (including intellectual property rights) that permit you to post such User Content. Further, by posting the User Content through the Service you are deemed to have granted us an irrevocable, free of charge, sub-licensable, worldwide, non-exclusive, perpetual, transferable and assignable right to do any of the following at our sole discretion: access, download, copy, modify, edit, translate, monitor, delete, reproduce, distribute, display, perform and otherwise use and make available to the public the User Content, and any part thereof during the term hereof and at any time thereafter. You will have no right to object to or make any claims against any actions we take as stated above.
We reserve the right to monitor, review or remove any infringing, unlawful, inappropriate or otherwise objectionable User Content at our sole and absolute discretion and without prior notice to any User. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any User Content contributed by another User has been posted in violation of copyright laws, please submit your requests to email@example.com
Without derogating from the foregoing, Uniper is under no obligation to monitor interaction between the Users through the Service, and any such interaction between the Users (whether through posting of User Content or otherwise) shall be at your own discretion and risk.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST UNIPER RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WILL INDEMNIFY AND HOLD UNIPER AND ITS AFFILIATES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
In consideration for the rights granted to you to use the Service, you grant us the right to use any User Content or any feedback, ideas or suggestions regarding the Service or Content ("Feedback") posted or otherwise provided by you through the Service for Uniper's internal business purposes, including, among other things, in Uniper's marketing and advertising materials. You understand and agree that any such User Content and Feedback is not confidential, and you assign all intellectual property and other rights in such User Content and Feedback to Uniper; that you will not have the right to approve the final product; and that such User Content and Feedback shall remain the property of Uniper. You understand and agree that you will not receive any financial compensation if your User Content or Feedback is used for the purposes described in this section.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SAVE FOR Uniper's FRAUDULENT ACTIONS OR OTHER LIMITATIONS PRESCRIBED BY APPLICABLE LAW, UNIPER AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND/OR AGENTS DISLAIM ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING ANY DAMAGES RESULTING FROM: (A) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE SERVICE; (E) THE USE OR DISPLAY OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICE; (F) EVENTS BEYOND THE REASONABLE CONTROL OF UNIPER, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, CYBER ATTACKS, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, EPIDEMICS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR (G) LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE OF THE SERVICE, THE CONTENT, THE EQUIPMENT, THE WEBSITE OR THE APPLICATION.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
MATERIALS OF MEDICAL NATURE PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE (INCLUDING ANY MEDICAL TOOLS INCLUDED IN THE SERVICES, SUCH AS TOOLS INTENDED TO SERVE AS REMINDERS TO TAKE MEDICATION, FOR EXAMPLE) ARE PROVIDED FOR THE USER'S GENERAL INFORMATION AND CONVENIENCE PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, PREVENT, AND/OR TREAT ANY ILLNESS, NOR DOES THE COMPANY ENDORSE ANY PARTICULAR SERVICE AND/OR PRODUCT OR GUARANTEE ANY PARTICULAR RESULTS. YOU SHOULD ALWAYS SEEK ADVICE OF A LICENSED MEDICAL PRACTITIONER PRIOR TO UNDERTAKING ANY COURSE OF TREATMENT OR EXERCISE PROGRAM. THE COMPANY SHALL NOT BE LIABLE FOR ANY USE OF OR RELIANCE BY THE USER ON THE TOOLS, INFORMATION OR OTHER MATERIALS OF MEDICAL NATURE PROVIDED THROUGH THE SERVICE.
We hope you enjoy the experience of using our Services!
In connection with providing the Service to you, Uniper may directly collect your Personal Information, such as your name, demographic data, language preference and contact details. You may also voluntarily submit information, including other Personal Information, to us when you contact us or our representatives or when you post User Content. Such Personal Information you voluntarily provide may indicate your preferences, opinions, and may be linked to you in effort to tailor our Service to you. We encourage you to limit any Personal Information you provide to us to only what is necessary for us to provide you with the Service.In addition, we may collect Personal Information of medical nature from you and from our third-party partners either on our own behalf or on behalf of the party with whom we contract to provide the Service. Some of this information may but not necessarily in all cases be protected under the Health Insurance Portability and Accountability Act of 1996 and associated regulations ("HIPAA"). We may require Personal Information of this nature in order to tailor our Service to your specific needs. Such Personal Information may include any PII relating to your past, present, or future health status (e.g., medical diagnoses, treatment information, medical test results, prescription medication, etc.), which can be linked to you directly.
When you use the Website or the Application, we may also automatically collect certain technical information about your computer and/or any device from which you access the Website or the Application (IP address, OS version, network status, etc.) and user activity (downloads, history, clicks on ads, links, etc.).
We may also collect geolocation information from your Device through which the Service is being delivered to you, or through any other mobile device or computer which is used by you to contact us, access the Service, etc.
We do not knowingly solicit or collect information from or about any individuals who are under the legal age in their respective jurisdiction. If we later learn that any of our registered members or users of the Service, Website or the Application are under the legal age, we will take appropriate steps to remove that user’s information from our databases and will restrict that individual from future access to the Service, Website or the Application. If you are aware of any such use of our Service, Website, Application or submission of Personal Information by persons under the legal age in their respective jurisdiction, please contact us at firstname.lastname@example.org.
We may use your information, including PII, for the following purposes:
We may also send you marketing information about products, services and offers, which may be of relevance to you. If you do not want to receive any more marketing communications from us, you may send us an email to email@example.com, with the subject heading "Unsubscribe". Alternatively, when you receive an email from us containing marketing communications, you will be able to unsubscribe from future marketing emails from us by following the instructions at the bottom of the email.
5.1. We may transfer or disclose PII to our affiliated companies, parties with which we contract to provide the Service, subcontractors or such other trusted third party service providers or partners who may be located in different jurisdictions across the world for the purpose of providing services to us, including but not limited to: (a) storing or processing such information on our behalf, or to assist us with our business operations and to provide and improve our Service, Website and/or Application; (b) performing research, technical diagnostics, analytics or for statistical purposes; (c) carrying out your express instructions. It is our policy to require that the third parties we transfer or disclose PII to only use such information for the purpose of providing services to us or in the case of parties with which we contract to provide the Service for their purposes as described in any contract you may have with such parties.
5.3. In the event that we are acquired by or merged with a third-party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer or assign information, including Personal Information, in connection with the foregoing events.
8.1. As required by applicable law, we may enable you to view, correct, update or delete any Personal Information that we have collected from you or about you.
8.2. In addition, we provide you the opportunity to opt out of having your Personal Information used for any of the purposes listed above other than performance of the Service.
8.3. To make any of these requests, please contact our customer support at firstname.lastname@example.org and let us know what request you would like to make.
The security of your Personal Information is important to us. We follow generally accepted industry standards, including the use of reasonable and appropriate administrative, physical and technical safeguards, to protect information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we apply standard reasonable security measures to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions or security concerns, please contact us at email@example.com.
10.1. When you use our Website and/or the Application, we may gather certain technical information automatically and store it in log files, and use session cookies, certain persistent cookies and other similar tracking technologies (such as web beacons, pixel tags, scripts, tags, etc.). Such tracking technologies allow us to collect information about our users, their devices and their online behavior automatically, which we can then use to enhance your experience on the Website or the Application and of our Service, personalize your user experience, and collect statistics about user preferences, behavior, and administer a variety of other analytical tasks.
10.2. A "cookie" is a small piece of information that a website assigns to your computer or mobile device while you are viewing it. Cookies can be used for a variety of purposes, such as allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your language and other preferences and making the interaction between you and services offered through the Website or the Applicable quicker and more user-friendly. You may remove our cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Website and/or Application we may offer may not operate properly and your online experience may be limited.
We will retain any Personal Information that we collect only for as long as is required for the purposes for which such PII is collected, and in any event will delete any such PII following any deletion request received from you. We reserve the right to retain a copy of your deletion request and any necessary accompanying details for administrative and regulatory compliance purposes only.
If you are a California resident, please review this section carefully, as it contains information regarding privacy rights you may have in connection with your Personal Information under applicable law, including the California Consumer Privacy Act (CCPA).
Disclosures Related to Your Personal Information.
We describe the categories of Personal Information that we collect about you, and the sources from which we collect such Personal Information, in greater detail in Section 3 above (“Information We Collect”). The categories of Personal Information we have collected about you, including in the past 12 months are:
The Right to Know. You have the right to request to know: (i) the specific pieces of Personal Information we have about you; (ii) the categories of Personal Information we have collected about you in the last 12 months; (iii) the categories of sources from which your Personal Information was collected; (iv) the categories of third parties to whom your Personal Information was sold or disclosed in the last 12 months; and (vi) the purposes for collecting and disclosing your Personal Information.
The Right to Request Deletion. You have the right to request that we delete the Personal Information we have collected or maintain about you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected. If we deny your request for deletion, we will let you know the reason why.
The Right to Opt-Out of the Sale of Personal Information. You have the right to opt-out of the sale of Personal Information, but we do not sell your Personal Information.
How to Exercise Your CCPA Rights. You may exercise your Right to Know and Right to Request Deletion twice a year, free of charge. To exercise your Right to Know and Right to Request Deletion, contact us at 1-888-471-7623 or email us at firstname.lastname@example.org with the subject line “CCPA Privacy Request”.
We will take steps to verify your identity before processing your request. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected Personal Information. If you have an Account with us, we may use our existing Account authentication practices to verify your identity. If you do not have an Account with us, we may request additional information about you to verify your identity. We will only use the Personal Information provided in the verification process to verify your identity or authority to make a request and to track and document request responses, unless you initially provided the information for another purpose.
You may use an authorized agent to submit a request. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your Personal Information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on their behalf.