Last Updated: April 6th, 2021
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 manufacturer’s warranty, including all the applicable warranty limitations. If you have any questions concerning the warranty for your specific Equipment, please don’t 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.
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 firstname.lastname@example.org
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 ATTORNEYS’ 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!