Effective 25 March, 2019
Your Information & Your Permissions
When you use our Services, you provide us with things like events, messages, and organizational details, and so on ("Your Information"). Your Information is yours. These Terms don't give us any rights to Your Information except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Information, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, previews, organizing, and searching. These and other features may require our systems to access, store and scan Your Information. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Please note Novi is not designed for use by EU citizens. EU citizens may not use the Novi set of apps, doing so is a violation of these terms.
You're responsible for your conduct and Your Information. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you're over 13.
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Umbo trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our customer service email email@example.com. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
Subscription: Our subscriptions are billed and managed through your iTunes account and other third party services. Each of which have their own terms of service. We do not have the ability to add/modify/remove/cancel/etc any subscription started through iTunes. Visit your iTunes Account Settings to manage your subscription. iTunes subscriptions will auto-renew within 24 hours before the end of the period. To cancel please do so prior to 24 hours to end of the period or you may be billed for another cycle.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Accounts suspended or terminated for violating any of the terms or services will not receive a refund except where required by law. We may delete accounts that we deem inactive, of course we will not deem an account inactive that has a valid subscription. We'll of course provide you with notice via the email address associated with your account before we do so.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, UMBO AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS."" WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UMBO, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT UMBO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO UMBO FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Umbo, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Umbo may bring a formal proceeding. We Both Agree To Arbitrate. You and Umbo agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county of Val Verde, TX or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. Umbo will pay all arbitration fees for claims less than $50,000. Umbo will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Either you or Umbo may assert claims, if they qualify, in small claims court in Val Verde (TX). Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration however, you must first engage in the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Umbo agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Val Verde Country (TX). Both you and Umbo consent to venue and personal jurisdiction there.
These Terms will be governed by Texas law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and Umbo with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Umbo's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Umbo may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, at Umbo's sole discretion, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
You agree to only use these Services for their intended purpose. You may not hack, attempt to disrupt, or engage in any other disruptive activities. You also agree to only post content deemed legal in both the United States State of Texas and your local jurisdiction.