Terms and Conditions
Effective August 1, 2017
These terms govern your access to and use of Ubideo, as operated and provided by Ubideo B.V. including any Ubideo applications and websites and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on Ubideo. Your access to and use of Ubideo is conditioned on your acceptance of and compliance with these Terms. By accessing you agree to be bound by these Terms.
You and Ubideo acknowledge that the End User License Agreement is concluded between Ubideo and you only, and not with Apple. You are responsible for your use of Ubideo, for any Content you post to Ubideo, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users and through third party services and websites. You should only provide Content you are comfortable sharing with others under these Terms.
2. Scope of License
Ubideo gives you a personal, worldwide, non-transferable and non-exclusive license to use the software that is provided to you by Ubideo. This license is for the sole purpose of enabling you to use and enjoy the benefit of Ubideo as provided by Ubideo B.V., in the manner permitted by these Terms.
3. Maintenance and Support
With respect to the Licensed Application, you are responsible for providing all support and/or technical assistance to your end users regarding the use of your Service (including any issues related to the Ubideo services). Ubideo B.V. is not obligated to provide any support and/or technical assistance directly to your users. You are responsible for making any changes to your service that are required as a result of Ubideo B.V.‘s updates and revisions to the Ubideo application (at your own expense).
You assume all responsibility and risk of use of Ubideo content, Ubideo services and Ubideo logo. The Ubideo content, Ubideo services and Ubideo logo are provided “AS IS” on an “AS AVAILABLE” basis without warranty or condition of any kind. UBIDEO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Ubideo B.V. is not responsible or liable (and makes no representation or warranty) for the accuracy, content, completeness, legality, reliability, or availability of the Ubideo content, Ubideo services and Ubideo logo.
5. Product Claims
You represent and warrant that you have the necessary power and authority to enter into this Agreement (if you are agreeing to these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms) and that you will comply with the terms and conditions. You will indemnify, defend (or settle) and hold Ubideo B.V. harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with your breach of these Terms.
6. Property Rights
All right, title, and interest in and to Ubideo services (excluding Content provided by users) are and will remain the exclusive property of Ubideo B.V. and its licensors. Ubideo B.V. reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Ubideo B.V. or Ubideo is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Legal Compliance
You must represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address
Any end user questions, complaints or claims with respect to the Licensed Application may be directed to Ubideo B.V.
1018 GW Amsterdam, The Netherlands
Phone number: +31 20 520 6934.
9. Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the End User License Agreement, and that, upon your acceptance of the terms and conditions of the End User License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the End User License Agreement against the end-user as a third party beneficiary thereof.
10. General terms
We may revise these Terms from time to time, the most current version will always be at www.ubideo.com/toc. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.