In consideration of your use of the site, your organisation agrees to:
• provide and update true, accurate, current and complete information about intellectual property of people or persons used in imagery, publications, video, web content, or any digital assets uploaded to Uview
• maintain and promptly update the user registration information to keep it true, accurate, current and complete
• administor sensitive and personal IP (intellectual property) information of your organisation
• maintain users who are assigned as administrators and to assure they have been approved internally for this responsibility.
NB: Uview cannot be made accountable for any breach of security around intellectual property information if a staff member who was assigned as an ‘administrator’ was found to have abused this privilege.
Your organisations administrators are responsible for maintaining users and are fully responsible for all activities that occur with registration and agree to immediately notify Uview of any unauthorised use of passwords and accounts or any other breach of security.
To the maximum extent permitted by applicable law, in no event shall Uview and its respective employees, directors or partners be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise arising out of or in any way connected with the use, operation, or performance of the service, with the delay or inability to use the service, any defects in the service, or with the provision of, or failure to make available, any information, services, products, materials, or other resources available on or accessible through the service, even if advised of the possibility of such damages.
Neither Uview guarantees the sequence, accuracy, or completeness of any information or content available through the service and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.
The operation of the service may be affected by numerous factors beyond Uview or its suppliers’ or vendors’ control. Security and privacy risks cannot be eliminated. Password protection and any other security measures may not prevent unauthorised access to information.
With respect to ordering through Uview, in no event shall any Uview party be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
Furthermore, Uview explicitly disclaims any responsibility for the accuracy, content, or availability of information found or ordered on Uview that link to or from the site to third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Under no circumstances shall we or any other party involved in creating, producing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services obtained or messages received or transactions entered into through or from the site; (iii) unauthorised access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or willful acts of Uview, its directors, employees and representatives or (vi) any other matter relating to the site.
You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the service would not be provided to you absent such limitations.
By agreeing to our terms and conditions you are accepting a contract with Uview, including provisions concerning limitation of Uview’s liability for damages.
1 – Uview’s obligations
1.1. Uview will maintain reasonable protection of the company’s servers to avoid theft of customer data, including but not limited to illegal physical as well as electronic intrusion. Uview will undertake actions to prevent downtime on the company’s servers, including maintenance of servers and associated systems.
1.2. Uview complies with relevant New Zealand legislation.
2 – Uview’s liability
2.1. Uview is not responsible for any violations of law occurring at Uview’s servers, to the extent caused by the Customer, including but not limited to copyright, criminal, competition and marketing law.
2.2. You agree that errors may occur on Uview servers, including downtime, which can cause the customer to be without access to uploaded material for a shorter or longer period. Uview is committed to urgently and with all reasonable means remedy such a situation, but regardless of the cause of the downtime, Uview can not be held responsible for the loss the Customer or its suppliers may suffer as a consequence. This applies regardless of whether any error can be attributed to Uview, Uview´s external suppliers or other causes.
2.3. Apart from the items in 2.2., Uview’s potential liability under this Agreement is limited to an amount equal to Customer’s payment of 3 months hosting at Uview.
2.4. Uview is not responsible for any loss that the Customer may suffer as a result of force majeure, including but not limited to any natural disasters or fire, strike, network congestion or error on external networks.
2.5. Uview cannot be made accountable for any breach of security aroud intellectual property information if a Customer user is assigned as an ‘administrator’ and was found to have abused this privilege.
3 – Customer obligations
3.1. Customer administrators are responsible for maintaining customer users, and are responsible for all activities that occur with registration and agree to immediately notify Uview of any unauthorised use of passwords and accounts, or any other breach of security.
3.1. You agree that what you uploaded to Uview servers must comply with New Zealand legislation, and must not infringe third party rights. Uview provides no form of censorship prior to upload since Uview does not possess the knowledge or resources to assess these issues.
3.2. The Customer shall further agree that illegal activities cannot be executed from Uview’s servers, for example in the form of, but not limited to marketing law violations, including unsolicited commercial advertising in the form of spam.
3.3. If the Customer violates 3.1. or 3.2. this shall constitute a material breach and Uview is entitled to terminate the contractual relationship immediately and seek compensation for the expenses incurred by Uview in this regard. Uview also reserves the right to have the police notify the Customer if the relationship warrants it.
3.4. The customer agrees that Uview users, new and existing, become automatic subscribers to any marketing material, information, and/or notifications regarding server updates, upgrades, or planned server shutdowns.
3.5. The customer must also keep a backup version of the files hosted on Uview servers.
3.6. Uview is not responsible for the consequences of the Client opening attachments received from Uview mail servers.
4 – Uploaded data
4.1. Uview may access your account, including all data, to respond to service or technical problems or as stated in this Agreement or required by applicable law. You, not Uview, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all uploaded data, and Uview shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any uploaded data.
4.2. The Customer retains all rights to all of Customer’s or its Users’ uploaded data.
5 Payments & Refunds
5.1. Uview offers its Service for monthly or annualy fees which the Customer will pay to Uview by Credit Card. Uview reserves the right to change the Fees or applicable charges and to institute charges at any time, upon thirty (30) days prior notice to the Customers email address the Customer provided upon sign-up. The Customer authorized credit card will automatically be charged Fees on the 1st of the month and an invoice receipt will thereafter be sent to the Customer by email.
5.2. In the event the Customer cancels the Service, Uview will not refund any Fees already paid by the Customer.
5.3. The Customer Account will be unavailable if the Customer or the Customer’s credit card company fails to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Customer’s Account may be suspended and archived if the Customer’s account is unused for more than 60 days. Uview may impose a charge to restore the Customer site.
5.4. If the Customer believes Uview has billed incorrectly, the Customer must contact Uview no later than 60 days after the closing date on the first billing statement in which the error or problem appeared in order to receive an adjustment or credit. Inquiries should be directed to Uview’s Accountant department at email@example.com.
6 – Termination
6.1. The agreement between the Customer and Uview can be mutually terminated by either party giving 1 month’s notice.
6.2. The subscription can be terminated by the Customer from the Administration menu.
6.3. In cases where Customer’s consumption of data on Uview servers achieves a magnitude that cause capacity difficulties, Uview reserves the right to terminate the contractual relationship with the customer per 4.1.