Terms of Services (ToS)
- Acceptance of terms
By using Odyssey Portal aka odyportal.com aka Uberportal.tv online and offline products and services (collectively, “the Service”), provided by Odyssey Hosting IVS or subsidiary (collectively, “Uberportal.tv,” “We” or “Us”) you agree to be bound by the following Terms of Service (“TOS”). The TOS may be updated by us from time to time without notice. You can review the most current version of the TOS at any time at: http://www.uberportal.tv/useragreement/.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind the entity to these terms and conditions, in which case the terms “you” or “your” shall refer to the entity. If you do not have such authority, or if you do not agree with these terms and conditions, you may not use the Service. The service may only be used by members of the legal entity to whom the invoice(s) is issued to.
You understand and agree that the Service may include advertisements. You understand and agree that the Service is provided “as is” and that Uberportal.tv assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any of your content or settings.
You may not directly or indirectly access the Service for purposes of monitoring its performance or functionality, or for any other benchmarking for competitive purposes. You may not access the Service if you are a direct competitor of Uberportal.tv, except with Uberportal.tv prior written consent. You may not give access the Service to a direct competitor of Uberportal.tv, except with Uberportal.tv prior written consent. Uberportal.tv keeps the right suspend any user account that fails to comply with the above.
- Your account
In consideration of your use of the Service, you represent and warrant that your use of the Service does not violate any applicable law or regulation, You also agree to: (a) provide true, accurate, current and complete information about the entity your represent as prompted by the Service’s registration form (“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Uberportal.tv has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Uberportal.tv has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive an e-mail invitation and account designation upon completing the Service’s registration process. You will either need an e-mail account from 3rd party vendor Google, Microsoft or Yahoo or a valid account from Facebook or LinkedIn, which is used to verify your identity with. Uberportal.tv does not offer proprietary login credentials. You are responsible for maintaining the confidentiality of the 3rd party password and account and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Uberportal.tv of any unauthorized use of your account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. The account is personal and cannot be used by others or shared by others. Uberportal.tv cannot and will not be liable for any loss or damage arising from your failure to comply with the TOS, including, without limitation, this Section 2.
We will begin billing you for subscription fees corresponding to your subscription plan, plus any applicable tax from the date you have signed up for the service – or from the date you have entered the service the first time – whatever comes first. The subscriptions plans are either quarterly or yearly.
Your Service subscription will be automatically renewed at the end of your subscription period. We will bill the subscription fee plus any applicable tax to you. Your subscription will automatically renew for subsequent periods, without prior notice to you, unless and until you cancel your subscription or we terminate it. You must cancel your subscription minimum 45 days before it renews in order to avoid billing of the next period’s subscription fees to your payment method.
By using the Service, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service. Additional charges may include service level changes you request. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter, unless and until you cancel your subscription. We will automatically invoice you each billing period. Our invoicing periods are either quarterly or yearly. Annual agreements run from April and quarterly agreements run from January, April, July and October. The first quarterly billing period will be from date of joining to end of current quarter plus the next quarter.
All fees and charges are non-refundable, and there are no refunds or credits for partially used periods, or where you have elected to downgrade service levels or otherwise remove any paid component or feature. If you elect to upgrade your service level or otherwise add any paid component or feature, we will pro-rate the amount due based on the number of days remaining in your billing cycle; provided, however, that any such proration shall be based on your service level or paid components or features in existence immediately prior to your decision to upgrade or add paid components or features. We may change the fees and charges in effect or add new fees and charges from time to time. We will inform you of any increase or addition to existing fees and we may offer you a grace-period in which your fees will not increase for a certain period of time. If you do not accept the increase or addition to the existing fees, you may elect to terminate your account during the then current billing period and you shall not be liable for such fee increase after the applicable billing period; however, any later renewal of service will be subject to the increased fee structure. If you are paying the subscription by credit or debit card and this reaches its expiration date, your continued use of the Service constitutes your authorisation for us to continue billing you, and you remain responsible for any uncollected amounts.
If you change your service level (downgrade it), you may cause the loss of Content or features for your account. Uberportal.tv does not accept any liability for such loss. You may cancel your subscription to the Service at any time, and cancellation will be effective when the subscription period expires as per above 45 days rule. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR ANY FEATURE OF COMPONENT THAT YOU HAVE PAID FOR BUT NOT USED.
- Data privacy and security; Confidentiality
Subject to the express permissions of these Terms, you and Uberportal.tv will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
Uberportal.tv will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your Data. These safeguards include encryption of Data in transmission (using SSL or similar technologies).
You agree that Uberportal.tv and the service providers used to assist in providing the Service to you shall have the right to access your Account and to use, modify, reproduce, distribute, display and disclose your Data solely to the extent necessary to provide the Service, including, without limitation, in response to your support requests. Any third party service providers we utilise will only be given access to your Account and your Data as is reasonably necessary to provide the Service and will be subject to confidentiality obligations.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- act in a manner that negatively affects other users’ ability to use the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law
- Special admonitions for international use
Recognizing the global nature of the Internet, you agree to comply with any and all applicable national or international laws and regulations regarding online conduct, acceptable Content and use of the Service.
You agree to indemnify and hold Uberportal.tv and its parent, subsidiaries, affiliates, officers, directors, shareholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in connection with, (i) Content you submit, post, transmit or otherwise make available through the Service, (ii) your use or access of the Service, (iii) your connection to the Service, (iv) your violation of the TOS, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.
- No resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).
- General practices regarding use and configuration
You acknowledge that Uberportal.tv may establish general practices and limits concerning use of the Service, including space that will be allotted on Uberportal.tv servers on your behalf. The service includes unless otherwise agreed in writing the follow quantities of entities: Resource Department (1), Activities (20), Bid Groups (10).
- Modifications to Service
Uberportal.tv reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Uberportal.tv shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree to be identified as a customer of Uberportal.tv and you agree that Uberportal.tv may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in Uberportal.tv marketing materials and web site. You hereby grant Uberportal.tv a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to Uberportal.tv pursuant to this marketing section.
- Termination and cancellation
You agree that Uberportal.tv may without prior notice immediately terminate your Uberportal.tv account and access to the Service. Such termination must be made by e-mail notice to point of contact for legal entity stated on the invoice. For illustrative purposes only, the situations in which Uberportal.tv may terminate your account and access to the Service include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems; (f) engagement by you in fraudulent or illegal activities; and/or (9) non-payment of any fees owed by you in connection with the Service or related services e.g. subscription, consulting or bespoke work.
- (Taken out)
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Uberportal.tv has no control over such sites and resources, you acknowledge and agree that Uberportal.tv is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Uberportal.tv shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Uberportal.tv proprietary rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Uberportal.tv grants you a non-transferable and non-exclusive right and license to use the object code of its Software on your computing devices, subject to the terms and conditions of this Agreement. You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Uberportal.tv for use in accessing the Service.
- Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SITE AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND UBERPORTAL.TV EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT UBERPORTAL.TV DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM UBERPORTAL.TV OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UBERPORTAL.TV AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UBERPORTAL.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UBERPORTAL.TV MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO UBERPORTAL.TV FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100.
- Exclusions and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
- Trademark information
The Uberportal.tv and Uberportal.tv logo trademarks and service marks and other Uberportal.tv logos and product and service names are trademarks of Uberportal.tv.
- Governing Law
These Terms shall be governed by the laws of Denmark without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Denmark, for the purpose of resolving any dispute relating to the TOS or access to or use of the Service.
EFFECTIVE: JULY 19, 2017