Last updated: May 13, 2020
Terms & Conditions
BY ACCEPTING DELIVERY OF THE SOFTWARE AND/ OR SERVICES, YOU (HEREINAFTER "User") ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS AS ARE LISTED AS BELOW.
This Agreement is between you (the “User”) and Ume (“US, WE”). This Agreement regulates your use of our software and/or our services provided to you including and new updates and/or upgrades that might be released from time to time by us;
DEFINITIONS
“User”: You who is either a natural or a legal person who orders and/or downloads our Software and/or starts using our services;
“Documentation”: This refers to our standard end-user technical documents, requirements, materials or any other information that comes with our software and/or our services;
“Services”: It means the various services that we deliver to our users and which our users can access, including but not limited to our VPN service, web browser and search engine services which is accessible through any medium or device currently known or which might be developed in the future;
“Software”: It means our proprietary software products (in object code format only) that we deliver to our Users (our Browser included, and not only), together with any updates and/or upgrades that we will be making available. This does not include any Third-Party Software;
“Third-Party Software”: means the software of some third parties that we might deliver with our Software, which might include widgets of certain third parties and independent developers and not only;
“Use”: means to cause a computer system to execute any machine-executable portion of our Software in accordance with the Documentation or to make use of any Documentation or related materials in connection with the execution of any machine-executable portion of our Software;
TERMS AND CONDITIONS:
License
We own the copyright of the Site, all logos and all product and services names referenced on or in connection with the Site are trademarks, service marks and trade names owned by us and our suppliers. All rights not expressly granted herein are reserved by us and our suppliers. Subject to these terms and conditions, we hereby grant you a limited, non-exclusive, not-transferable license to install and use our software and/or our services on your handheld device or on handheld devices within your organization. Such a license cannot be sub-licensed by you.
License restrictions:
a. You hereby undertake not to do and not to allow any third party to:
i. Use our Software and/or Services, unless this is expressly permitted, subject to the provisions of “License” above;
ii. Use the Service or Software for unlawful purposes;
iii. Attempt to separate any component programs of our software for using them on different computers;
iv. Create any derivative works in any manner whatsoever, including but not limited to adapting, altering, publicly displaying or performing, translating, embedding into any other product or otherwise modifying our software and/or services;
v. Transfer, sublicense, lease, rent, loan or distribute our software and/or our services to any third party without our express permission;
vi. Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code for our software, except to the extend permitted by applicable law;
vii. Take out, modify, change or make indistinguishable any proprietary notices on our software and/or services or their respective applicable documentation;
viii. Allow third parties to access or use our software and/or services including but not limited to any use in any application service provider environment, service bureau, or time-sharing arrangements;
ix. Impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent your affiliation with any person or entity, including, but not limited to our officials, employees, agents, partners, affiliates, dealers and franchisees;
x. Carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Software or Service, you will not disrupt or place unreasonable burdens or excessive loads on the Software or Service, or interfere with or attempt to make, or attempt any unauthorized access to the Software or Service, or any part of the Application or Service, or any user of the Software or Service, you will not try to harm the Service, Software or our network in any way whatsoever;
b. you will only use an authorized network to avail the Service, you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Software or Service
c. you will comply with all applicable laws from your country, state and/or city of domicile and residence and the country, state and/or city in which you are present while using the Software or Service, including but not limited to Information Technology Act (2000) of India, Digital Millennium Copyright Act (1998) of the United States, and the rules, regulations and guidelines notified there under
d. You will not access the Software or Service in order to:
i. design or build a competitive product or service, or a product or service using similar ideas, features, functions or graphics of the Service or Application;
ii. copy any ideas, features, functions or graphics of the Service or Software, or
iii. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
We will have the right to investigate and prosecute violation of any of the above to the fullest extent of the law. You will provide us with such information and documents which we may reasonably request. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms.
User acknowledges and agrees that the Software and Services contain valuable trade secrets, confidential information and proprietary information of us. User further acknowledge that any actual or threatened breach or violation of this Clause will constitute immediate, irreparable harm to us for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
Third-party software :
Third-Party software and/or services are subject to separate terms and conditions which can either be included with or are contained in the set-up or installation parts of such third-party software. Our license restrictions do not apply to any such third-party software as their own terms and conditions shall apply. We cannot and shall not be responsible for any third-party software.
Use of our services
a. We give you access to a huge assortment of resources and services including communication tools, VPN services, web browsing services personalized content, and not only. These resources and services are accessible via various through its network of services, which may be accessed through any media or devices presently known or that might be developed in the future.
b We reserve the right at any time and from time to time to alter, suspend or terminate either on a temporary or on a permanent basis any of our services (or part of). You hereby agree and acknowledge that we are not liable to you or to any third party for any alteration, suspension or termination of any of our services.
c. Without limitation of the foregoing Section b under “Use of our services”, the following terms and conditions will apply for specific services:
i. VPN services: When this is enabled it will request normal web content via a software VPN server. Cloud will exclude webpages located on an intranet. The browsing experience may vary due to increased webpage loading speeds when using VPN services. We reserve the right to alter, limit the usage of or even charge for continued usage (subject to you opting in to being charged) or even cease the VPN service at any point in time. Additionally, we reserve the right to amend the terms of our VPN service, including making the use of the VPN service the subject of a separate agreement.
ii. Whilst using our services you will notice that there are some ads showing within our app from selected partners. The ads we show enable us to move forward and provide you with the best features possible. You have however the option to turn off this ads feature within our app for a fee. There are 3 different fee options to choose from. Whichever option you choose, the result will be the same: you will turn off ads inside our app. Please be aware however that ads on certain websites might still be shown. This is for reasons beyond our control.
iii. For any questions, queries or disputes about your payment or for any questions about refunds you will need to contact Google Play, depending on where payment was made.
Proprietary rights
You hereby acknowledge and agree that our services and our software including our software’s sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property belonging to us and to our suppliers. These proprietary rights are considered as confidential information, which are licensed for you to use but are not sold to you. No title or ownership to such software and/or services or intellectual property and/or proprietary rights embodied in our software or services or the intellectual property rights embodied within passes on to you or any third party as a result of this Agreement or any act pursuant to this Agreement. Our software and services and all intellectual and proprietary rights embedded therein are considered exclusive property belonging to us and to our suppliers. Any and all rights not expressly granted to you by virtue of this Agreement are reserved by us. We are the owners of all copies of our software. Nothing contained in this Agreement can be deemed to grant you either by implication, estoppel and/or otherwise any license to any of our currently existing and/or future patents, except insofar as necessary for you to use our software and/or services expressly permitted under the terms of this Agreement.
Privacy
We take issues of protection and user information security very seriously. We undertake to treat any and all such information in according to our privacy policy which can be found at: https://cdn.eportalmobile.com/english.html. Our privacy policy also forms an integral part of this Agreement. In our privacy policy you can also find information about any information that we might collect methods of collection and the purpose why we might be collecting them.
a. We will never share any personal data with any third party, unless legally obligated to do so.
b. We will never share any personal data, without prior informing you (in cases for example we will re-organize, merge or enter into any other similar arrangement).
c. You will be informed in a timely manner if any of the following force majeure events occur:
i. Hacking attacks;
ii. Significant disruptions caused by telecom operators;
iii. Network or website closure caused by governmental regulations;
iv. Virus attacks;
v. Any other force majeure events such as: natural disasters, acts of war or terrorism or any other event which is unforeseen or beyond our reasonable control.
Term of the Agreement and Termination
The term of this Agreement commences upon you accepting to download our software and/or beginning to use our services, and unless terminated as stated in this Section, shall continue for an indefinite period. This Agreement will be considered as immediately terminated if you are in breach of the terms of this Agreement unless and if you can remedy the breach immediately after we provide you with a notice of the breach. When this Agreement is considered as terminated, you will need to immediately stop using our software and/or our services and where necessary, destroy or cause to have destroyed our software and any copies in your possession without delay. We reserve the right to ask you to certify to us in writing that such destruction has taken place. These cures are cumulative and can be taken in addition to any other cures and/or remedies that might be available to us to pursue. Sections “License restrictions and third-party software”, “Proprietary rights”, “Privacy”, “Term of the Agreement and Termination”, “Disclaimer as to Warranties”, “Limitation of liability”, “Notices”, “Injunctive relief”, and “General” of this present agreement shall survive such termination.
Disclaimer as to Warranties
Our software and/or services are provided to you on an “as is” basis”. Pursuantly all warranties and/or conditions either expressed and/or implied and/or statutory, including but not limited to implied warranties as to title, non-infringement, merchantability, fit-for-purpose or use, accuracy or completeness, of satisfactory quality and quiet enjoyment, or any other warranties and/or conditions resulting from statute, operation of the rule of law, course of dealing with, usage of trade and/or otherwise are hereby disclaimed. Certain jurisdictions might not allow such limitation and/or exclusion of implied warranties, so the above may not apply to you. We do not warrant that use of our software and/or services will be without interruption or error or that that our software and/or services do not contain any viruses. This present warranty disclaimer constitutes an integral part of this Agreement between us. It would make it impossible for us to offer our product and/or services in the absence of such disclaimer. There are no representations and/or warranties made by any of our suppliers under this or by virtue of this Agreement.
Limitation of liability
We cannot be held liable whatsoever for any kind of special, incidental, consequential or indirect damages (including but not limited to damages for interruption of business, data loss, loss of profits and/or similar) irrespective of the form of action, be it in contract, tort (including but not limited to a claim of negligence), strict product liability and/or otherwise, even if you think that the claiming of such damages is possible. In any case, our cumulative liability arising out of or in relation to this Agreement shall in no event exceed the amount you paid to us in respect to the products and/or services used. In no event will any of our suppliers have any liability towards you under this Agreement. This limitation of liability clause forms an integral part of this Agreement. We would not be able to offer our products and/or services in the absence of such limitation.
Notices
All notices required to be given under the terms of this Agreement will be as follows: (a) If to us, via e-mail to the following e-mail address: BROWSER@UMEWEB.COM. Such a notice will be considered as delivered as soon as it will be received by us; and (b) If to you, via e-mail to the address which you have provided to us prior to the initiation of the software download and/or the commencement of using our services. Such a notice will be considered as delivered upon either (i) 24 hours after sending or (ii) when you will be in actual receipt.
Injunctive relief
You hereby accept and acknowledge that our software and/or services contain valuable trade secrets, confidential information and proprietary information belonging to us. You further accept and acknowledge that any actual or threatened breach or violation of Section “License” and/or “License restrictions and third-party software” of this Agreement shall cause immediate and irreversible harm and damage to us for which monetary compensation might not be an adequate remedy, and that therefore we might seek injunctive relief as an appropriate remedy for any such breach or violation.
General
You hereby accept and acknowledge that our products and/or services may contain cryptographic functionality. The export of such is restricted under applicable export control laws. You hereby agree to comply with all applicable laws, rules and regulations during your activities covered by this Agreement. You should not export and/or re-export our products and/or services in violation of such laws, rules and regulations without prior obtaining all necessary licenses and authorizations.
We have no obligation to monitor your access to or use of the posted contents, but have the right to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We reserve the right, at our sole discretion, to remove alleged infringing / illegal / improper contents without prior notice and without liability to you. We reserve the right, at anytime and without prior notice, to remove or disable access to any contents that we, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Software.
This Agreement will be governed by the laws of the People Republich of China, without giving effect to any conflicts of law principles that may require the application of the laws of a different country. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired thereby. You may not assign or transfer this Agreement without our prior written consent. Any such assignment without our prior written consent shall be null and void.
Regards,
Ume Browser
Enjoy the experience!