UnityGeneration Terms and conditions, privacy policy and Business Services Agreement

Unity Generation is a social media platform and online store that aims to raise funds to implement solutions to global issues. Each user type whether you're a general user, business, influencer, or NGO (hereinafter referred to as “Users” unless the context requires further clarification) can develop solutions, raise awareness, buy, or sell products or enjoy our entertainment feed all while raising funds to implement long term sustainable solutions. In what follows, is a compilation of terms and conditions governing the use of the Platform for all participants, by using or engaging the Unity Generation services, you hereby agree and accept to be bound by these terms and conditions, insofar as they are relevant to your use.

USE BY INDIVIDUALS

Social media terms and conditions

By utilizing the Unity Generation by In Pulse platform (“UGen/ the Platform”), you agree that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, do not access or use any part of this Platform. The terms and conditions below set out the terms of use, privacy policy and provide information regarding the manner in which UGen should be used in a respectful and lawful manner.



Moderation of the Platform

We endeavor to create a space in which users can interact with one another socially as well as in a drive to create innovative solutions for global problems through sharing content, we encourage users to share content on the Platform in accordance with these terms and conditions.

Users’ content will be moderated for appropriateness with these standards as soon as reasonably practicable after publication. If in our opinion a User makes use of the Platform in breach of these terms and conditions, or user content/activity is considered in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, we reserve the right to remove, or to disable access to the Platform, to remove any prohibited content and to terminate, suspend or amend said Users access to the Platform without prior warning. UGen unconditionally reserves the right to refuse access to and services by the Platform without the requirement of assigning any reasons whatsoever.

We expressly exclude our liability for any loss or damage arising from the use of the Platform by any person in contravention of these terms and conditions. UGen bears no responsibility for any content posted by any third parties.



Acceptable use standards

You must be 18 years old to use this site. UGen reserves the right to terminate the use of any parties under the age of 18 and such use is entirely unauthorized.

You must refrain from posting any illicit content, nude or partially nude, or sexually suggestive content.

Views expressed by any individual User on the Platform are those of the individual and do not necessarily reflect the views of UGen.

Comply with all applicable domestic, foreign, and international laws that govern the content which makes up User posts.

Never share your password, give access to your profile to third parties, or transfer your account to anyone else.

The Platform cannot be used for hateful, obscene, unlawful, inflammatory, defamatory, offensive, invasive of anyone’s privacy, objectionable content or, threatening content.

You must not make use of the Platform to promote discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation, being transsexual, or age.

You may not upload viruses or malicious code or do anything that would disable, impair or impair the proper operation or appearance of the Platform.

You may not use the Platform service for any illegal or unauthorized purpose.

You bear responsibility for the conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you display on the Platform.

You are responsible for any posts or activity that occurs under your User profile.

You must not infringe any intellectual property rights, including copyright, design right, database right, patents, trademarks, moral or performer’s right, or any other third party right.

You acknowledge and accept that the Platform is not responsible or liable for any posts that are erroneous, deceptive, fraudulent, defamatory, obscene, profane, unlawful, promotional of any crime, or invasive of another’s privacy.

You will not post unauthorized commercial communications (such as spam) on the Platform

Automated means, such as robots, scrapers, spiders, or harvesting bots are not permissible on the Platform without prior permission from UGen, you will not collect Users' content or information, or otherwise access the Platform, using automated means, unless in accordance with the permissions provided at our discretion.

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Platform.

You will not upload viruses or other malicious code.

You will not gain access to an account that belongs to someone else or solicit another Users login details.

Posting content that is threatening, incites violence, is hate speech, contains nudity, or is considered graphic in nature is strictly prohibited.

You will not do anything that could disable, overburden, or impair the proper working or appearance of the Platform, such as a denial of service attack or interference with page rendering or other Platform functionality.

You will not facilitate or encourage any violations of this Statement or our policies.



General Conditions

We do not charge individual Users fees for the individual use of the Platform or other products and services made available by UGen, however, we will by displaying ads for business products and services through the Platform. Charges may be generated for those who wish to advertise or retail on the Platform (please see relevant terms and conditions for Retailers. By utilizing the Platform, you agree that we can display these ads relevant to you and your interests. We will use your personal data to help us decide which ads to display.



Intellectual Property Rights

By posting content on the Platform, you grant UGen the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use such content for any purpose, in any form, and on any media.

The material and content accessible from the Platform, and any other website owned, operated, licensed, or otherwise controlled by UGen (the “Content”) is the proprietary information of UGen or the party that provided or licensed the Content to UGen whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of UGen, except that you may hold a copy of the Content for the sole purposes of personal use, reposting of a single image is acceptable and up to one hundred (100) word from an if such posting provides a right of attribution to UGen, and promotes the article on other websites, including social media sites. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates UGen’s intellectual property rights. By accessing the Platform, there is neither a transfer of title nor intellectual property rights.

From time to time, the Platform will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of UGen’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the Platform.



User Content

The Platform provides Users with the opportunity to register, design, contribute, distribute and/or post content (“User Content”), which may include but not be limited to, comments, suggestions, questions, ratings, reviews, graphics, photographs, videos, articles, and Personal Data that the Platform collects as defined in the Privacy Policy. In regards to your User Content, you will:

Acknowledge and accept that you are publishing that User Content;

Acknowledge and accept that the content found in your User Content is in the public domain;

Acknowledge and accept that by posting User Content that you may be publicly identified as a result of posting;

Acknowledge and accept that you own and control all of the content associated with your User Content or have full authority and permission from the owners of any right, title, or interest when submitting content in a User Content;

agree to pay royalties or other fees owed to any person or entity as a result of your User Content;

hereby grant the Platform an international, perpetual, non-exclusive, transferable, royalty-free, fully paid license to use, reproduce, display, distribute and fully exploit your User Content in connection with the Platform, including but not limited to redistributing part or all of your User Content to any type of media and through any media channels, including but not limited to those of third parties;

acknowledge and understand that the Platform has the right to delete, edit, modify, excerpt or translate any User Submission;

acknowledge and understand that any you are solely responsible for any User Submission content that you submit to the Platform;

acknowledge and understand that the Platform is not responsible or liable for any User Submission that is erroneous, deceptive, fraudulent, defamatory, obscene, profane, unlawful, promotional of any crime or invasive of another’s privacy; and

acknowledge and understand that the Platform cannot guarantee the identity of Users of the Service with whom you interact.



Data Privacy Policy

UGen is committed to protecting the privacy of users and visitors to our website and Application and the Platform, and of those providing contact information. In what follows is an explanation of how your information is stored and utilized in connection with the Platform. From time to time, UGen may offer new information or services that may affect this policy. This policy explains what information we collect when you use the Platforms sites, services, mobile applications, products and content (the “Services”). It also defines the manner in which we store, use, transfer and delete the information you provide us with.

The following privacy policy (“Privacy Policy”) sets forth UGen’s policy with respect to information, including personally identifiable data (“Personal Data”) and other information, UGen collects from visitors and Users to the UGen website, Application and Platform. UGen, the owner and operator of the Website, Application and Platform, is a corporation formed under the laws of the Republic of South Africa.

This Privacy Policy only applies to information collected as herein described.



The information and how it’s utilized

The tracking of information we receive is to make the Platform more suitable to our User’s needs. In order to provide our Users with the best possible user experience, we collect information from your interactions on the Platform and within our network. Some of this information you actively provide to us, such as your registration information. Other information we gather based on your account activity, such as what pages you access and your interactions with our offerings. This information is comprised of recorded interactions, your internet protocol address, device information, and referral information.

We use this information to provide, test, improve, promote and personalize our Services, to fight spam and other forms of misuse, and to generate aggregate non-identifying information about how people use the Platform.

Information You Voluntarily Submit to the Website and Platform: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, register for access to the Website, Application, Platform or purchase products or services from the Platform. Personal Data may include, but is not limited to, the below:

Your name and email address

Your website URL and name

Company name

Phone number

Billing information

Address

Our legal basis for processing this information is your consent, and by voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. In accordance with this Privacy Policy, you agree and acknowledge that Personal Data provided by you may be transferred from your current location and stored n the offices and services of UGen and the authorized third parties of the Platform.

Third-party information collection: We may receive information about you from third-party sources such as, if you use third-party software through the site, they may transfer information to us for fulfillment.

Automatically-Collected Information: We automatically collect certain information about you and the device with which you access UGen. For example, when you use UGen, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Platform. We may also collect information about actions you take when using UGen, such as links clicked.

Cookies: We may log information using cookies, which are small data files stored on your browser by UGen. In respect of session cookies and persistent cookies, we may utilize both, to provide you with a more personalized experience on the Platform.



How your personal information may be used

UGen, and our subsidiaries and affiliates (the “Related Companies”), may use your personal information in the following ways:

To operate and maintain the Platform;

To create your account, identify you as a User of the Platform, and customize the Platform to your account;

To send you promotional information, such as newsletters, which provide opt-out features through unsubscribe.

To provide updates regarding the Platform which are administrative in nature.

To respond to your comments or inquiries;

To provide you with User support;

To track and measure Platform performance;

To process payment for purchases you make through UGen;

To protect, investigate, and deter against unauthorized or illegal activity;

To review the effectiveness of our marketing programs and analyze other general demographic trends;

To notify you of new information or services that may be of interest to you; or,

To send promotional materials.



Legal bases for processing data under the general data protection regulation (“GDPR”)

Below are the types of lawful basis that we will rely on to process your Personal Data:

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. UGen will take into consideration all potential impacts on you by the processing of your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Complying with legal or regulatory obligations would entail processing your Personal Data where we are subject to following a legal or regulatory obligation.

Consent means where you have consented to a certain use of your Personal Data.

Does UGen share my information? UGen will not share, rent, or sell your personally identifiable information with third parties. When authorized, we may provide your information to third parties. Companies and Affiliates: companies associated with UGen in an affiliate or subsidiary capacity may receive your information, provided such companies are bound to honor this Privacy Policy. Mergers and Acquisitions: In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets. Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy. Service Providers: in the performance of the services offered by UGen, we may utilize third party service providers to support our business functions, such as for the processing of payments, we will only provide them with the information that they need to perform their specific function and ensure that they will uphold this Privacy Policy in the performance of their functions. Legal Requirements: UGen may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose information without subpoenas or warrants served on us, (ii) protect and defend the rights or property of UGen, (iii) act in urgent circumstances to protect the personal safety of Users of the Platform or the public, (iv) protect against legal liability and the enforcement of legal rights, such as dispute resolution and enforcement of contracts. Third-Party Vendors: Additionally, UGen may use third-party service providers to service various aspects of the Platform. Third-party vendors will have their own respective privacy policy and their use of your personal information will be governed by such privacy policy of the vendor. Tracking: UGen uses various marketing tools that help us create a better User experience for people visiting our Platform. No personally identifiable information is used for tracking, it is merely for utilization of aggregated data to determine page statistics. Hotjar: Privacy policy, cookie information (We aren’t using hotjar, will compile a list of third parties we are using) Hotjar Opt-Out. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by clicking on this link. You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our site and Hotjar’s use of tracking cookies on other websites by following this opt-out link. Google Analytics: Privacy Policy Google Analytics Opt-Out. To provide website visitors the ability to prevent their data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js). If you want to opt-out, download and install the add-on for your web browser. The Google Analytics opt-out add-on is designed to be compatible with Chrome, Internet Explorer 11, Safari, Firefox and Opera. In order to function, the opt-out add-on must be able to load and execute properly on your browser. For Internet Explorer, 3rd-party cookies must be enabled. Learn more about the opt-out and how to properly install the browser add-on here. Remarketing: UGen uses remarketing tracking cookies and conversion pixels from vendors such as Google and Facebook to present special offers to you for our products or services over the Google Content Network and via social networks. This means you may see an ad for one of our products or services as a result of visiting our website. In addition, UGen uses custom audiences based on e-mails and phone numbers of subscribers and customers. This allows us to present special offers for our products and services to you via Facebook and Google. However, your personally identifiable information is not used by any remarketing service other than to present you special offers from us. We use the following third-party service providers for remarketing: Facebook: Opt-out of Facebook remarketing here Google: Opt-out of Google remarketing here Newsletters: (we don’t use drip) UGen uses Drip as its e-mail service provider. Through Drip, we collect contact information, distribute our newsletter, and track actions you take that assist us in measuring the performance of the website and newsletters. Upon subscription, we also track the pages you visit on the website through Drip. If you become a customer, information about the products you purchase is passed into Drip. Our newsletters contain tracking pixels. This pixel is embedded in e-mails and allows us to analyze the success of our newsletters. Because of these tracking pixels, we may see if and when you open an e-mail, which links within the e-mail you click, and the pages you visit on our website. This behavior is not passed to third-parties. All data submitted at the time of subscription to our newsletter is stored on Drip’s servers. You may access Drip’s privacy policy here. At any time, you may be removed from our newsletter list by clicking on the unsubscribe button provided in each e-mail. We may also rely on a third-party service, OptinMonster, to service certain pop-up subscription boxes. Any information collected by OptinMonster is passed through directly to Drip. We may also use SparkLoop to track newsletter referrals. You may access Sparkloop’s privacy policy here. Purchases: (Will adjust this later) UGen uses Stripe, and PayPal to service payments for our products and services. At no time is your banking information passed to the Website from any of the following third-party providers. We receive only information used for order fulfillment. Stripe collects personal information such as your name, e-mail address, zip code, and payment information. You may access Stripe’s Privacy Policy here. Upon making a purchase via Stripe, you will receive e-mail confirmations to the e-mail address you provide during your purchase. These e-mails are sent through various services as outlined below. PayPal collects personal information such as your name, e-mail address, address, and payment information. You may access PayPal’s Privacy Policy here. Upon making a purchase via Stripe, you will receive e-mail confirmations to the e-mail address you provide during your purchase. These e-mails are sent through various services as outlined below. Contact Information and Website Support: We offer multiple ways to contact UGen, including contact forms, e-mails, and chat. If at any time, you attempt to contact us through a contact form, the information you provide will be stored on our servers. If you submit a form or email us, we use FreshDesk to process all these inquiries and track responses. All related information is stored on the servers at FreshDesk, in accordance with the FreshDesk privacy policy. If you use our live chat feature, it is powered by FreshChat, and your communication will be stored on servers at FreshDesk (the company behind FreshChat), in accordance with the FreshDesk privacy policy. Comments: UGen uses Disqus to make it easy for you to leave comments on blog posts. Personal information that you enter for comments will be stored on the Disqus servers, in accordance with the Disqus privacy policy. At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time at UGen’s sole discretion. Except when required by law, we will not sell, distribute, or reveal your e-mail address(es) or other personal information without your consent; however, we may disclose or transfer personal information collected through UGen to third-parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us. Other types of data Non-Identifiable Data: When you interact with us through the Platform, we receive and store certain personally non-identifiable information. Aggregated Personal Data: In an ongoing effort to better understand and serve the Users of the Platform, UGen may conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. Aggregated data does not personally identify users and is only utilized on an aggregate basis, which may be shared with our affiliates, agents and business partners. UGen may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes. Publicly visible information If you create a User profile on UGen, or leave a comment on UGen, certain information may be publicly visible. Cookies In order to customize our offerings and the content brought to our Users UGen uses cookies to understand User preferences, note what content Users access and to ensure ad distribution and variety. We also share information about your use of our Platform with our social media, advertising and analytics partners. This section explains what cookies are, how we use Cookies and similar technologies on our Platform and what you can do to manage how Cookies are used. What are cookies? A cookie is a small text file which is sent to your computer or mobile device so that a website can remember some information about your browsing activity on the Platform. The Cookie will collect information relating to your use of the Platform, information about your device such as the device’s IP address and browser type, demographic data and, if you arrived at our Platform via a link from third party site, the URL of the linking page. In addition to Cookies, the Platform may use web beacons. Web beacons allow us to count the number of users who have visited or accessed the Platform and to recognize users by accessing our cookies. We may employ web beacons to facilitate Platform administration and navigation, to track the actions of users of the Platform, to compile aggregate statistics about Platform usage and response times, and to amplify User experience. Cookie management Cookies, including those which have already been set, can be deleted from your hard drive. You can also change the preferences/settings in your web browser to control Cookies. Deleting or blocking Cookies may reduce functionality of the Platform. Opting out of Analytical Performance Cookies If you would like to opt out of Analytics Cookies, please do so by clicking on the links below: Google Analytics: Opt-out Browser Add-on Opting out of Behavioral Advertising Cookies If you would like to opt-out of “third party” Cookies on the Platform, you can do so through the third party website, and getting them to generate a one-time “no thanks” cookie that will stop any further Cookies being written to your machine. Rights related to your personal data Under laws in certain countries in which we operate, customers and other visitors to our Platform from those countries have a right to access Personal Data about themselves, to request to amend and/or correct such data or remove it when it is inaccurate, outdated or incomplete. In addition, upon your request, we will take reasonable steps to correct, amend, or delete your Personal Data that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Privacy Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the rights of persons other than you would be violated or where doing so is otherwise consistent with applicable law. We may retain all Personal information is accordance with any legal obligations we believe are applicable. You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us as to which you have not instructed us to take such action. We may retain your Personal Data to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and take other actions otherwise permitted by law. Please contact us at support@unitygeneration.com to submit a request or obtain information regarding any of the above.
Opt-out: You may opt-out of future e-mail communications by following the unsubscribe links in our e-mails. You may also notify us at support@unitygeneration.com to be removed from our mailing list. Access: You may access the personal information we have about you by submitting a request to support@unitygeneration.com. Amend: You may contact us at support@unitygeneration.com to amend or update your personal information. California Residents: your data will be handled in accordance with the California Consumer Privacy Act of 2019 (“CCPA”), you have the right to request disclosure of our data collection and sales practices in connection with our data collection of your Personal Data. Sensitive personal information Unless you choose to provide it to us, we do not collect sensitive personal information from you using the Platform. Children’s information UGen does not knowingly collect any personally identifiable information from children under the age of 18. If you are under the age of 18, please do utilize the Platform or do not submit any Personal Data through the Platform. If a parent or guardian believes that UGen has personally identifiable information of a child under the age of 18 in its database, please contact us immediately at support@unitygeneration.com and we will use our best efforts to promptly remove such information from our records. Web links UGen contains links to other sites. Please be aware that UGen is not responsible for the privacy practices or the content of such other sites. This Privacy Policy applies solely to information collected by UGen. Email communications If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send nonpublic personal information, such as passwords, social security numbers, or bank account information, to us by email. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send; provided, however, we reserve the right to send you transactional emails such as customer service communications. How do I contact UGen? If you have any further questions or comments regarding the UGen website or this Privacy Policy, you may contact support@unitygeneration.com. Other terms and conditions Your access to and use of the Platform may also be subject to any separate agreements or terms and conditions you have signed or agreed to with UGen. Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Platform, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. Changes to UGen’s Privacy Policy The Platform may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. At minimum, we will update this Privacy Policy once per year. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Your continued use of the Platform after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy. Change to these rules UGen reserves the right, from time to time, with or without notice to you, to make changes to these terms and conditions in UGen’s sole discretion. Subsequent to any amendments made by UGen, your continues use of the Platform constitutes your acceptance of the changes. Warranty disclaimer The service is provided by UGen on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, UGen makes no representations or warranties of any kind, express or implied, regarding the use or the results of the service, in any respects. UGen will have no liability for any interruptions in the use of the service. UGen disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, performance and fitness for a particular purpose, and warranties of non-infringement. Some jurisdictions do not allow the exclusion of certain implied warranties, therefore some of the above limitations may not apply to you. Limitation of liability UGen’s liability is limited to the maximum extent permitted by law. Notwithstanding, UGen will not be liable for any damages whatsoever, and in particular UGen will not be liable for any special, indirect, consequential, or incidental damages, or damages for loss of profits, revenue or use, arising out of or related to the service, whether such damages were foreseen by UGen or whether they arise in contract, negligence, tort, under statute, at law, or otherwise, even if UGen has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply to you. Indemnification You agree to indemnify and hold harmless UGen, its subsidiaries, affiliates, officers, directors, LLC members, shareholders, attorneys, agents, employees, licensors, suppliers, co-branders or other partners, from any claim or demand, including reasonable attorneys’ fees and damages of any kind, made by any third party due to or arising out of your use of the service, your user content, your violation of these terms and conditions, or infringement by you of any intellectual property rights and by other users while utilizing your computer or device , or any other right of any person or entity. * For the avoidance of doubt, “Website”, “App”, and “Platform”, have been used interchangeably within the terms and conditions for the reference of the Unity Generation Products.
RETAILERS AND ADVERTISERS Selling Policies and Retailer Code of Conduct All retailers are expected to adhere to the following policies when listing products on UGen. Retailer offenses and prohibited content can result in suspension of your UGen account. In addition to these general terms and conditions, Retailers will be required to acknowledge and accept Unity Generations Business Services Agreement in order to complete the business registration processes. Retailer Terms and Conditions This policy requires that retailers act fairly and honestly on UGen to ensure a safe buying and selling experience. This policy is in conjunction with the Business Service Agreement that all Retailers must enter into during the registration process. All retailers must: Provide accurate information to UGen and our customers at all times Act fairly and not misuse UGen’s features or services Not attempt to damage or abuse another Retailer, their listings or ratings Not attempt to solicit unwarranted reviews or influence any customer ratings or reviews Not send unsolicited or inappropriate communications Not contact customers except through Buyer-Retailer Messaging Not attempt to circumvent the UGen’s sales process Not operate more than one selling account on UGen without a legitimate business need Not violate any price fixing or competition laws Violating the Terms and Conditions or any other UGen policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. Accurate Information You must provide accurate information to UGen and our customers, and update the information if it changes. This includes business specific names enabling customers to identify your business and products which are accurately listed and categorized. Acting Fairly You must act fairly and lawfully and may not misuse any service provided by UGen. Examples of unfair activities include: Providing misleading or inappropriate information to UGen or our customers, such as by creating multiple detail pages for the same product or posting offensive product images Using external mechanisms such as fake orders paid for by you, or externally refunded orders Attempting to increase the sales price of a product after an order is confirmed to the customer Attempting to damage another Retailer, their listings or ratings Allowing other people to act on your behalf in a way that violates UGen’s policies or your agreement with UGen.
Ratings, Feedback, and Reviews Customer reviews of your products may be submitted on the Platform at the sole discretion of the Customer, you may not attempt to solicit reviews from customers in any manner that would be constituted as unneutral, for example you may not: Incentivize customers to provide positive reviews with discounts or coupons Ask customers to write only positive reviews or ask them to remove or change a review Provide reviews of your products, or reviews of competitors products to negatively affect them
Communications You may not send unsolicited or inappropriate messages. The Platform offers communications with customers for the sole purpose of order fulfilment and all other communications are strictly prohibited. Marketing communications are prohibited. Customer Information Customer information provided for the fulfilment of orders is provided for that sole purpose and must be removed and deleted directly after fulfilment. You may not use customer information for any other purposes other than those defined herein and will not share such information with any third-party. Circumventing the Sales Process While retailing through the Platform, you may not attempt to solicit customers to utilize any sales process outside of the Platform This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere. Multiple Selling Accounts on UGen You may only maintain one Retailer account for each region in which you sell unless you have a legitimate business need to open a second account and all of your accounts are in good standing. Should any of your accounts not comply with this clause, UGen is entitled to deactivate any retailer account in their absolute discretion. Examples of a legitimate business justification include: You own multiple brands and maintain separate businesses for each You manufacture products for two distinct and separate companies
Communication Guidelines As part of selling on the UGen Platform, Retailers communicate with buyers both directly through the Platform via In-App messaging. UGen requires that Retailers follow the guidelines below for any communication with buyers. The Communication Guidelines policy is meant to protect buyers from fraud and abuse, and to protect you from unscrupulous actions from your competitors. Direct communication Orders You must communicate with customer if the product ordered is not available to be shipped. The notification to the customer must include appropriate information of the undeliverable product, inclusive of price adjustment information and alternate shipping information if the product is available just delayed beyond the scheduled delivery date. The message must afford the customer with the option to cancel the order and receive a refund. Do not contact the customer and request that they submit a cancellation request when you are out of stock.
Retailers are only permitted to contact customers who have already submitted an order on the Platform or those customers who have contacted the Retailer in accordance with the purchasing of your products. Messages between customers and Retailers are only permitted if in connection with the fulfilment of an order, or for customer service inquiries, all other communications are strictly prohibited. Retailers may contact Customers that have made orders on the Platform for the sole purpose of requesting additional information to complete an order, to understand any specifications of the order or to obtain delivery information Retailers may not contact customers in accordance with the following: Order or shipping confirmations (Refer to the Indirect communication section below) Messages that say only “Thank you” or that you are here to help if buyers have any problems Marketing or promotional messaging, including coupons or other benefits that could be seen as soliciting positive reviews Language that requests removal or an update of an existing product review Language that requests a product review only if they have had a positive experience with the product A repeat request (per order) for a product review or seller feedback When contacting customers, Retailers may not include any of the following: External links unless they are secure working links (https, not http) necessary for order completion or links to UGen Logos, if they contain or display a link to your website Link to opt-out of messaging Sensitive content in images or text (for example, bare skin, violence or gore, and adult or offensive language) Tracking pixels or images Email addresses Contact details expect those related to the products or shipping Images of purchased products as UGen includes those on your behalf Any images that are unrelated to your company or products
When contacting customers, messages may not contain any of the following: Emojis, including emoticons Animated GIFs Message margins over 20% maximum width Image or graphic sizes larger than 80% maximum width Overrides of UGen’s default line height, font family, or font color Fonts in more than three sizes Message bodies that are centered or that otherwise override default text alignment settings Unsecure images (http instead of https) Egregious spelling errors or grammar issues UGen may modify message subject lines in order to protect the buyer experience in our store.
Indirect communication UGen communicates order-related information to customers through the Platform. These communications will include order shipment information and tacking numbers, refund updates and processes. These are informed to the customer as follows: Shipping confirmation notification, you must notify UGen that you have shipped customer orders and provides order tracking information for the customer. Once notified to UGen, the customer will be notified accordingly through the Platform. Refund notification, you must notify UGen that you have issued a customer refund to enable us to update customer on their refund status when returning products. Failure to comply with these Terms and conditions may result in UGen suspending selling privileges in UGen stores. UGen has the authority to block any message at its discretion. Conditions of Use for Customers We offer a wide range of UGen Services, and sometimes additional terms may apply. When you use an UGen Service you also will be subject to the guidelines, terms and agreements applicable to that UGen Service ('Service Terms'). Privacy Please review our Privacy Policy, which also governs your use of UGen Services. Electronic communications When you use UGen Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. As per the Privacy Policy, you consent to all communications as defined therein. Copyright All content included in or made available through any UGen Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of UGen or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through any UGen Service is the exclusive property of UGen and protected by copyright laws. Trademarks In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any UGen Service are trademarks or trade dress of UGen. UGen's trademarks and trade dress may not be used in connection with any product or service that is not UGen's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UGen. All other trademarks not owned by UGen that appear in any UGen Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by UGen. Your account You may need your own UGen account to use certain UGen Services, and you may be required to be logged in to the account and have a valid payment method associated with it. UGen does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. Parents and guardians may create profiles for teenagers in their UGen Household. Alcohol listings on UGen are intended for adults. In accordance with our guidelines, and as per local legislation, Retailers on the Platform may sell alcohol products, You must be at least 21 years of age to purchase alcohol, or use any Platform functionality related to alcohol. UGen reserves the right to refuse service, terminate accounts, terminate your rights to use UGen Services, remove or edit content, or cancel orders in its sole discretion. Reviews, Comments, Communications, and Other Content When purchasing products from the Platform you may post reviews, photos, comments or content regarding your purchases you may do so as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of 'spam' or unsolicited commercial electronic messages. UGen reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant UGen a nonexclusive, royalty-free, and fully sublicensable right to use such content throughout the world in any media. You grant UGen and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own, have authority to use, or otherwise control all of the rights to the content that you post; that the content is complete and accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify UGen for all claims resulting from content you supply. UGen has the right but not the obligation to monitor and edit or remove any activity or content. UGen takes no responsibility and assumes no liability for any content posted by you or any third party. Risk of Loss All purchases of physical items from UGen are made pursuant to a shipment contract. And all risk of loss passes to you upon delivery by the Retailers. Product Descriptions UGen attempts to be as accurate as possible. However, UGen does not warrant that product descriptions or other content on the Platform is accurate, complete, reliable, current, or error-free. If a product offered by UGen itself is not as described, your sole remedy is to return it in unused condition. Pricing 'List Price' means the suggested retail price of a product as provided by a manufacturer, supplier, or Retailer. We regularly check List Prices against prices recently found on UGen and other retailers. Certain products may have a 'Was Price' displayed, which is determined using recent price history of the product on UGen. With respect to items sold on the Platform, we cannot confirm the price until such time as the order has been placed. If a product is mispriced on the Platform, we will inform you of the adjusted price and you may at your discretion cancel any order or not proceed with the purchase accordingly. App permissions When you use the Platform, you may grant certain permissions to us for your device. Sanctions and Export Policy You may not use any UGen Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using UGen Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including UGen Software), technology, and services. Other Businesses Parties other than UGen operate stores, provide services or software, or sell product lines through the Platform. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties. We do not warrant any products or offerings of the Retailers and cannot be held responsible for any conduct of the Retailers on the Platform. UGen does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Disclaimer of Warranties and Limitation of Liability The service is provided by UGen on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, UGen makes no representations or warranties of any kind, express or implied, regarding the use or the results of the service, in any respects. UGen will have no liability for any interruptions in the use of the service. UGen disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, performance and fitness for a particular purpose, and warranties of non-infringement. Some jurisdictions do not allow the exclusion of certain Applicable Law By using any UGen Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and UGen. Additional UGen Software Terms The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with UGen Services (the 'UGen Software'). You may use UGen Software solely for purposes of enabling you to use the UGen Services as provided by UGen, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the UGen Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the UGen Software in whole or in part. All software used in any UGen Service is the property of UGen or its software suppliers and is protected by United States and international copyright laws. Use of Third-Party Services, when you use the UGen Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the UGen Software, whether in whole or in part. Updates. We may offer automatic or manual updates to the UGen Software at any time and without notice to you. Conflicts. In the event of any conflict between these Terms and Conditions and any other UGen or third-party terms applicable to any portion of UGen Software, such as open-source license terms, such other terms will control as to that portion of the UGen Software and to the extent of the conflict. Customer Product Reviews Policies Customer reviews are an integral part of the customer shopping experience on UGen. Customer reviews also help Retailers understand the customers’ sentiment about their products, what features or aspects of the product customers like, and what areas need improvements. Reviews also provide Retailers with ideas on how to improve their products. In order for customer reviews to continue to provide these benefits to customers and Retailers, they have to remain a true and authentic reflection of customers’ experiences with the products. We strongly urge you to thoroughly review UGen Customer Reviews policies and immediately correct any violating actions. When reviewing products on the Platform, a review will violate these Terms and Conditions when: Retailer posts a review of their own product or their competitor's product. A Retailer offers a third party a financial reward, discount, free products, or other compensation in exchange for a review on their product or their competitor’s product. A Retailer offers to provide a refund or reimbursement after the buyer writes a review (including reimbursement via a non-UGen payment method), and asks the buyer to change or delete a review prior to the initiation of a refund or exchange. A family member or employee of the Retailer posts a review of the Retailer's product or a competitor's product. A Retailer asks a reviewer to change or remove their review. A Retailer diverts negative reviews to be sent to them or to a different feedback mechanism while positive reviews are sent to UGen. A Retailer creates a variation relationship between products with the aim of manipulating reviews and boosting a product’s star rating via review aggregation. A Retailer inserts a request for a positive UGen review or an incentive in exchange for a review into product packaging or shipping box. A Retailer uses a customer account to write or change a review on his or his competitor’s product.
UGen has a zero-tolerance policy towards any customer reviews violations, and in our sole discretion will take immediate action if we believe there has been a violation, these actions include, but are not limited to: Immediate and permanent withdrawal of the Retailer’s selling privileges on the Platform and withholding of funds. The removal of all the product’s reviews and preventing the product from receiving future reviews or ratings. Permanent delisting of the product from UGen. Legal action against the Retailer, including lawsuits and referral to civil and criminal enforcement authorities. Disclosing the Retailer’s name and other related information publicly.
Monitor your account health We monitor the performance of all Retailer accounts and may deactivate accounts that we consider to be performing poorly. We will provide Retailers with the opportunity to enhance their performance prior to deactivation. Appeal a deactivated Retailer account If your retail account has been deactivated, you may be eligible for reinstatement by providing us with a detailed plan of how you will maintain a healthy Retailer account. Address customer feedback Certain negative performance metrics are caused by a customer's feedback based on their experience. Retailers should try to determine the cause of the problem and work with the customer using one of the following options: Standards for Brands Selling in the UGen Store If you are unable to maintain our standards for customer experience, you might lose certain privileges associated with operating as a Retailer in the UGen store (including having your offers featured on product detail pages), or you might lose the opportunity to operate as a Retailer in the UGen store altogether. What is the purpose of this policy To ensure that we are providing customers the best possible experience while shopping on UGen. Supply Chain Standards We expect that all products for sale in UGen stores are manufactured and produced in accordance with local and international laws and standards. We are strongly committed to ensuring that these products are produced in a way that respects human rights and the environment and protects the fundamental dignity of workers. We evaluate credible allegations or reports of violations of our standards, including, but not limited to, those related to the following issues: Forced, indentured, or child labor Inhuman treatment of workers, or discrimination and harassment in the workplace Environmental issues, such as industrial or hazardous waste discharges, that pose a risk to workers or the community Hazardous or unsafe working conditions Ethical violations We may ask you to supply us with information and documentation regarding your products and supply chain. If we believe that your products violate applicable laws or any of our policies we will take corrective actions as appropriate. Intellectual Property UGen Anti-Counterfeiting Policy Products offered for sale on UGen must be authentic, UGen strictly prohibits the sale of counterfeit products. Failure to abide by this policy may result in loss of selling privileges, and funds being withheld. It is each Retailer’s responsibility to source, sell, and fulfill only authentic products. In addition, we do not pay Retailers until we are confident our customers have received the authentic products they ordered. We have the right to withhold payments if it is determined that a Retailer account is being utilized to sell unauthentic products or to commit fraud and engage in other illegal activity. We work with manufacturers, rights holders, content owners, vendors, and Retailers to improve the ways we detect and prevent inauthentic products from reaching our customers. In addition to criminal fines and imprisonment, Retailers and suppliers of inauthentic products may face civil penalties including the loss of any amounts received from the sale of inauthentic goods, any and all loss or damage sustained by any persons, as well as all attorneys fees and resultant costs. UGen strives to ensure a trustworthy shopping experience for our customers. By retailing on UGen, you agree that: The sale of counterfeit products is strictly prohibited. You may not sell any products that are not legal for sale, such as products that have been illegally replicated, reproduced, or manufactured You must provide records about the authenticity of your products if UGen requests that documentation Failure to abide by this policy may result in loss of retail privileges, funds being withheld, and other legal consequences.
Intellectual Property Policy for Retailers This policy provides an overview of intellectual property (IP) rights and some common IP concerns that might arise when retailing on UGen. When you retail on UGen: You must comply with all federal, state, and local laws and UGen policies applicable to your products and product listings You may not violate the IP rights of brands or other rights owners Violating this policy may result in loss of selling privileges or other legal consequences. This policy is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others. There are 3 main types of IP rights: Copyrights are legal protections for original works of authorship Trademarks are legal protections for a word, symbol, design, or combination of the same that a company uses to identify goods and services Patents are legal protections for inventions
UGen’s IP enforcement If you receive a notice or warning for infringement and you believe the rights owner or UGen made an error, you may appeal or dispute the claim. If you have received multiple warnings of IP infringement and you believe you are retailing non-infringing products, submit an appeal via our email address with the following information: A list of the allegedly infringing products and at least one of the following, as applicable: a. Invoices proving the authenticity of your products (you may remove pricing information); OR b. UGen order IDs demonstrating product authenticity; OR c. An authorization letter from the rights owner (cannot be a forwarded email); OR d. A court order finding that your product does not infringe the asserted IP, or that the asserted IP is invalid or unenforceable. f your account has been suspended because of notices of IP infringement against your products or content, you can provide us with a viable Plan of Action. You should send your Plan of Action via reply to the account suspension notification that you received. We will evaluate your Plan of Action and determine if your account may be reinstated. Note that UGen terminates the accounts of repeat infringers in appropriate circumstances. UGen takes claims of IP infringement seriously. Even if a retailer is infringing IP without knowledge, we will still take action and the retailer’s account might receive a warning or be suspended. You should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.
Unsuitable inventory investigations policy Customer trust is paramount to UGen, and we strictly prohibit the sale of counterfeit products and other illegal goods. If we find that you have engaged in the sale of such goods through our fulfillment network, we may deactivate your account and offers. We may also withhold and/or dispose of your inventory in order to protect our customers and Retailers. UGen will notify you if we require additional information about inventory that we have determined may constitute Unsuitable Units. As part of this investigation, we may request that you provide additional information or documentation regarding your identity, product authenticity, and compliance with applicable laws. We may validate any information that you provide with third parties or government agencies.
PRODUCT AND LISTING REQUIREMENTS UGen Marketplace Fair Pricing Policy Retailers are responsible for setting their own prices on UGen marketplaces. UGen strives to provide our customers with the largest selection at the lowest price, and with the fastest delivery as Retailers play an important role. UGen regularly monitors the prices of items on our marketplaces, including shipping costs, and compares them with other prices available to our customers. If we see pricing practices on the Platform that harms customer trust, UGen can remove the offer, suspend the ship option, or, in serious or repeated cases, suspending or terminating retail privileges. Pricing practices that harm customer trust include, but are not limited to: Setting a reference price on a product or service that misleads customers; Setting a price on a product or service that is significantly higher than recent prices offered on or off UGen; or Selling multiple units of a product for more per unit than that of a single unit of the same product. Setting a shipping fee on a product that is excessive. UGen considers current public carrier rates, reasonable handling charges, as well as buyer perception when determining whether a shipping price violated our fair pricing policy.
UNITY GENERATION ADVERTISING TERMS AND CONDITIONS As one of our Unity Generations product offerings and in an endeavor to create further accessibility to funding to support the implementation of global solutions through the Platform, UGen offers a wide range of Ad Services to companies and individuals. Individuals and companies that register for the use of the Ad Services (the “Users”) agree to be bound by these terms and conditions in accordance with the utilization of the services. The Ad Services UGen offers advertising services to Users through a variety of tools and services, these allow Users to place Ads of the Platform and to manage and engage with Ad responses (the “Ad Services”). In accordance with the Ad Services UGen maintains the right to determine all aspects of the Ad Services, and is capable of modifying, restricting or discontinuing any Ads Services at any time at its absolute discretion. The Ad Services on the Platform may be chargeable, and UGen will convey such costs associated with the Ad Services directly with the Users. UGen in its absolute discretion may reject or remove any Ad Service content without any notice or reason and will have no liability in respect of the same. UGen may additionally remove or reject any Ad Service content if the User account is suspected of using fraudulent or deceptive materials or conducting illegal activity; if UGen is of the opinion that the content would expose UGen to liability or for any other reasons as UGen may determine.
Utilizing the Ad Services Users will create a relevant account on the Platform and are solely responsible for any and all activity that occurs through the account. In utilizing the Ad Services and posting content, the User agrees that nothing in the content will: (a) be false, misleading, defamatory, harassing, or threatening; (b) will constitute unfair competition or unfair commercial practice; (c) will violate any applicable Law; or (d) will infringe or misappropriate the Intellectual Property Rights of any third party.
If the User engages a third-party advertiser to create content on their behalf in connection with the Ad Services, the User warrants and accepts all liability of the third party as if the User were utilizing the Ad Services him/herself.
Ad Service Content Users placing Ad Services content on the Platform must adhere to certain guidelines for content posted. Users will not, nor will Users permit or encourage any third party to, use any means to generate fraudulent or invalid clicks or impressions; Users will not, as a result of its actions or inactions, deliver malware to the Platform or to other users or devices through the Ad Services or on or through any Destination; User will not copy, modify, damage, translate, reverse engineer, decompile, disassemble, reconstruct, or create derivative works of the Ad Services; and User will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Ad Services, including the Platform’s security measures and any activities conducted on our servers. Prohibited Content Counterfeit goods. UGen prohibits the sale and/or promotion for sale of counterfeit products, a counterfeit product includes products that contain a trademark, logo or feature that is a replica or substantially indistinguishable from the trademark, logo or feature of another. Dangerous products. UGen prohibits the sale and/or promotion for sale of dangerous products, including, but not limited to recreational drugs, psychoactive substances, equipment to facilitate drugs use, weapons, ammunition, explosive materials and fireworks, instructions for making explosive devices or other harmful products, tobacco products. Products enabling dishonesty. UGen prohibits the sale and/or promotion for sale of products and services that enable dishonest behavior such as, hacking software, academic cheating services, fake documents or services for artificial inflation of website traffic. Illicit content. UGen prohibits the sale and/or promotion of products and content that promote intolerance, hatred and discrimination, such as sale or trade of endangered species, ads using profane language, cruelty towards animals, bulling or intimidation of an individual or group, hate group paraphernalia, graphic crime scene or accident images, murder, self-harm, extortion or blackmail, racial discrimination. Misrepresentation. UGen prohibits content that constitutes a misrepresentation such as omitting or obscuring billing details such as how, what, and when users will be charged; omitting or obscuring charges associated with financial services; making misleading or unrealistic claims regarding weight loss or financial gain; collecting donations under false pretenses; 'phishing' or falsely purporting to be a reputable company in order to get users disclose valuable information. Sexual content. UGen prohibits content of a sexual nature, such as Visible genitalia and female breasts, hook-up dating, sex toys, strip clubs, sexually suggestive live chat, and models in sexualized poses. Restricted content. Certain content, while not being prohibited entirely will be restricted in accordance with these terms and conditions. Alcohol. UGen abides by local alcohol laws and industry standards, therefore we don’t allow certain kinds of alcohol-related advertising, both for alcohol and drinks that resemble alcohol. In certain circumstances alcohol related ads may be acceptable if they are in accordance with regulations, they don’t target minors and are only available in countries that explicitly allow alcohol-related advertising. Gambling and games. UGen supports responsible gambling advertising and abides by local gambling laws and industry standards, so we don’t allow certain kinds of gambling-related advertising. Gambling-related ads are allowed if they comply with the following guidelines, namely the ads must target approved countries, have a landing page that displays information about responsible gambling, and never target minors. Local regulations must be reviewed prior to advertising. Healthcare and medicines. Certain medicines cannot be advertised and Users must review and abide by local laws and industry standards when utilizing the Ad Services for the promotion of healthcare and medicines. Political content. UGen supports responsible political advertising and expects all political ads and destinations to comply with a local campaign and election laws for any areas they target. Financial services. Local laws and regulations for each jurisdiction must be adhered to when promoting financial products and services— for example, include specific disclosures required by local law Legal requirements while advertising of the Platform, you are responsible and warrant to always be in compliance with all applicable laws and regulations.

Fees
Data Privacy UGen is committed to protecting the privacy of users and visitors to our website and Application, and of those providing contact information. Users may use Ad Services data solely: (a) to plan and manage Campaigns exclusively through the Ad Services, (b) to evaluate the performance of the Ad Services only for its internal purposes. Users may use and disclose Ad Services Data only as expressly permitted in this clause and User will not, and will not permit any of its Affiliates, Contractors, or agents to, use or disclose (or enable any other third party to use or disclose) any Ad Services Data (including Performance Data) in any other way or for any other purpose, including for Repurposing. Notwithstanding the foregoing, Users may disclose Ad Services Data as required by a valid and binding court order or in accordance with any applicable laws or regulations; provided, Users must notify us prior to any such disclosure.
Representations and warranties
Users represent and warrant that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the Platform(s) within such country; (b) it has all requisite right, power, and authority to utilize the Ad Services, perform its obligations, and grant the rights, licenses, and authorizations in these Terms and Conditions; (c) any information provided or made available by the User is at all times accurate and complete. Indemnification Affiliates and Publishers, and each of our and their directors, officers, employees, agents, successors, and assigns against any liability, damage, loss, or expense (including reasonable attorneys’ fees and expenses of litigation) (collectively, “Losses”) in connection with any third party claim, suit, action, demand, or judgment (“Claim”) arising from or in connection with: (a) User’s use of the Ad Services; (b) User’s actual or alleged breach of these Terms and Conditions; (c) any content, including any actual or alleged infringement or misappropriation of any Intellectual Property Right; or (d) fraud, intentional misconduct, gross negligence, or violation of publicity or privacy rights by User or its Contractors, subcontractors, agents, or suppliers in connection with these Terms and Conditions. Limitations of liability UGen will not be liable (whether in contract, warranty, tort (including negligence, product liability, or other theory), or otherwise) to Users or any other person for damages, loss, costs, recovery, or recoupment of any investment made by you or your affiliates in connection with these terms and conditions, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to these terms and conditions, even if UGen has been advised of the possibility of those costs or damages. Further, our aggregate liability arising out of or in connection with the Ad Services or the transactions contemplated will not exceed at any time the total amounts during the prior three-month period paid by you to UGen in connection with the particular service giving rise to the claim. Term and termination The use of the Ad Services will commence on the date of validation of your account for use of the Platform and will continue until such time as either Party terminates the use. You may at any time terminate your account immediately on notice to us via email, or similar means. We may terminate your account for convenience with 30 days’ advance notice. We may suspend or terminate your account immediately if we determine that (a) you have materially breached these terms and conditions and failed to cure within 5 days of a notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned notice period at our reasonable discretion; (b) your account has been, or may have been used for deceptive or fraudulent, or illegal activity; or (c) your use of the Platform has harmed or that it might harm, other retailers, customers, or UGen’s legitimate interests. We will notify you of any such termination or suspension via email or similar means, indicating the reason and any options to appeal, except where we have reason to believe that disclosing this information will pose a problem with any subsequent investigations or enable you to circumvent our safeguards. On termination, all related rights and obligations under these terms and conditions immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with any rights or obligations which came about prior to the termination. Governing law The Governing Laws will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods, the laws of England and Wales. The Parties hereby irrevocably accept that any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.