Welcome to Uberlife, a website and online and mobile service provided by CitySocialising Limited (“CitySocialising,” “we,” “our” or “us”). This page explains the terms by which you may use the Uberlife web site, mobile device software applications, application program interfaces, and any other web or mobile services or applications owned, controlled, or offered by CitySocialising in association with this site (collectively the “Uberlife Software”).
We reserve the right to modify, amend or change the terms of this Agreement at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Agreement. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes. Your continued use of Uberlife following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Agreement.
If, for any reason, any of the terms of this Agreement are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Agreement and the remainder of the Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
This Agreement sets out the entire agreement and understanding between us and you in relation to your use of Uberlife and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the Agreement shall operate as a waiver of such right or acceptance of any variation of the Agreement and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Nothing in the Agreement shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
Use of our Service
Access and Registration
This Service is intended solely for users who are eighteen (18) years of age or older. Any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement.
As a condition to using the Service, you are required to register with Uberlife and represent, warrant and covenant that you provide Uberlife with accurate, truthful, and complete registration information and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.
You shall not:
Provide any false personal information (including a false User Name) or create any account for anyone other than yourself without such person's permission;
Use a User Name that is the name of another person with the intent to impersonate that person;
Use a User Name or Uberlife account that is subject to any rights of a person other than you without appropriate authorisation; or
Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
We reserve the right to refuse registration of, or cancel a user Name at our sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your registration information. You shall never use another user's account without such other user's prior express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
All aspects of the Service are subject to change or removal at our sole discretion. We reserve the right to interrupt the Service and/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason. You agree that we will not be liable to you for any interruption of the Service or your account.
You are responsible for making all the necessary arrangements to ensure you can access Uberlife (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Uberlife through mobile services or any similar service currently known or developed in the future.
By accessing Uberlife or agreeing to receive messages or notifications from Uberlife through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account. We will not be liable for your losses caused by any unauthorised use of your account and you shall be liable for the losses to us or to others due to such unauthorised use.
You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone telephone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences by changing your settings. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
You assume all risks arising in connection with seeking or creating a Hangout or any other related activity.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. We shall have no liability for your interactions with other users, or for any user’s action or inaction.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopt nor endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances shall we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to Uberlife users.
You are entirely responsible for all of your information that you upload, post, email, transmit or otherwise make available via our Service. We do not control your information or the information of or posted by other users and do not guarantee the accuracy, integrity or quality of your information or the information of or posted by other users. We do not endorse any opinions expressed by you or other users. You understand that by using our Service, you may be exposed to information that is offensive, indecent or objectionable.
We do not have any obligation to monitor, nor do we take responsibility for, your information, public information or information of or posted by other users. you agree that under no circumstances will CitySocialising, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Service, or for any failure to correct or remove information.
As Hangouts are held in public places and are social occasions, users may be photographed and such photographs may be posted on the Service by other users. We reserve the right, at our sole discretion, to remove photos from the site at a user’s request, but are not obliged to do so.
Premium features and services
Access to the Service and the use of selected features of the Uberlife Software is free. We also offer access (“Subscriptions”) to various premium features and services that we offer (“Premium Features”), for which a fee (“Subscription Fee”) is chargeable, and we will notify you of the Subscription Fee at the time that we offer you the Premium Features. We may, in our sole discretion, and by notifying you on our website, change this policy and begin charging Subscription Fees for access to the Service, and we may, in our sole discretion, add, remove or change the Premium Features we offer or the Subscriptions (including the amount or the type of Subscriptions) we charge for at any time. If we introduce a new Premium Feature, we will establish and notify you of the Subscription Fee for that service at the launch of the Premium Feature. If we notify you of new Subscriptions or change the Subscription Fee for an existing Premium Feature, you agree to pay all Subscription Fees specified, which are inclusive of any applicable VAT, for your continued use of the Premium Features. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with this Agreement.
Your right to upgrade to Premium Features is entirely at our discretion and we reserve the right to refuse to register any application to upgrade for any reason whatsoever.
Continuous Service Agreement
We operate a Continuous Service Agreement for Subscriptions. This means that we automatically renew your access to Premium Features when they are about to expire. All Subscription Fees are billed in at the beginning of each Subscription renewal period. Your Subscription will automatically be extended for successive renewal periods of the same duration as the Subscription term originally selected at the then-current Subscription Fee rate. To cancel your Subscription at any time, please see section titled ‘Termination’ below.
All Subscription Fees are non-refundable. Cancellation and/or termination of Subscriptions for any reason does not entitle the user to any refund. If you cancel your Subscription, you'll continue to have access to the Premium Features until the end of your then-current Subscription term and your Subscription won't be renewed after that term expires. However, you won't be eligible for a refund of any portion of any Subscription Fees.
CitySocialising owns and retains all proprietary rights in services offered by Uberlife. Uberlife contains the copyrighted material, trademarks, and other proprietary information of CitySocialising, its licensors and licensees.
Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant to us and other users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licenses of the foregoing.
Termination by Us
We reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused Subscriptions to:
Suspend or revoke your account (where applicable) and your right to access and/or use the Service or submit any Content to Uberlife; and
Make use of any operational, technological, legal, or other means available to enforce the Agreement (including without limitation blocking specific IP addresses).
We have the right, but not the obligation, to notify you if your access to the Service is to be or has been suspended or terminated.
Termination by You
Content that you have uploaded to Uberlife, other than your Profile (such as comments or email messages), may still appear on Uberlife following termination of your registration.
Termination of Subscriptions
You may request the cancellation of your Subscription in the ‘Settings’ area on Uberlife. If your request for cancellation is received before your next Subscription Fee is due, your Subscription will last only until the end of the original Subscription period paid for.
Grounds for Removal, Sanction and/or Suspension.
Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
- The use of the Service to (including, without limitation, eligibility requirements):
- Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Service;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
- Disguise the origin of any Public Information that is transmitted to any third party;
- "Stalk" or otherwise harass another user;
- Advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of the Service;
- Resell Public Information or access to Public Information; or
- Collect or store personal data about other users.
- Posting any Public Information or other material that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libellous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
- Is obscene, pornographic or adult in nature;
- you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
- Is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
- Is inappropriate, posted in bad faith, or contrary to the spirit of the Service; or
- uses the Platform primarily as a lead generator or listing service for another website.
- Encouraging others to violate this Agreement;
- Refusing to follow our instructions or direction;
- Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation;
- Disclose the Private Information of any user without the permission of that user; or
- Transmit money to us or any user through financial accounts that are stolen, fraudulent or otherwise unauthorized.
Your posting of any other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. We reserve the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Service at your own risk.
For purposes of this Agreement, "posting" includes uploading, emailing, transmitting or otherwise making available. Without limiting the foregoing, we shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
Interference with the Service
You agree that you will not:
- Upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
- Copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for your Public Information), or create derivative works from our website (other than from your Public Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of CitySocialising or any other third party, except with the prior written consent of CitySocialising or the appropriate third party.
General Practices Regarding use of the Service
You acknowledge and agree that we may establish general practices and limits concerning the use of the Service. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of your information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Application Program Interface ("API") License.
Subject to the terms and conditions of this Agreement, CitySocialising grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use any API that CitySocialising makes available via the Uberlife Software for the sole purpose of integrating or making available information on another web site. CitySocialising reserves all rights not expressly granted under this Agreement.
You may access the Service via an API. Any use of an API, including, through a third-party product that accesses the Service, is subject to the terms and conditions of this Agreement together with the following specific terms:
You expressly understand and agree that We shall not be liable 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 We have been advised of the possibility of such damages), resulting from your use of an API or any third-party products that access the Service via an API; and
We reserve the right at any time to suspend, modify or to discontinue, temporarily or permanently, your access to the API (or any part thereof) without the giving of any reason or notice.
Third Party Sites and Services
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third party websites or applications, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with its operators. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.
Because we do not supervise or control Hangouts or interactions among or between users of the Service, and because we are not involved in any way with physical transportation to or from Hangouts or with the actions of any individuals at Hangouts, and because we cannot guarantee the true identity, age, or nationality of users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at a Hangout.
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
You agree to indemnify and hold CitySocialising and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of the Service, your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as an organiser of Hangouts (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Hangouts). Without limiting the foregoing, you, as an organiser of Hangouts, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable legal fees, made by any user or third party due to or arising out of your actions.
Disclaimers and Limitation of Liability
We do not have the ability to independently screen individuals registering as Uberlife Users or to attend organised Hangouts. By registering to become a user or to attend a Hangout through Uberlife, you are agreeing that neither CitySocialising nor its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners are liable for any damages, direct or indirect, that may in any way arise out of the Service. This includes, without limitation, damages arising out of travelling to and from a Hangout, meeting or communicating with other participants and the actions of other participants in programs sponsored by Uberlife.
We provide the Service on an "as is" basis and grant no warranties of any kind, expressed, implied, statutory, in any communication with Uberlife or its representatives, or otherwise with respect to the Service. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that your use of Uberlife will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the service will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability.
In no event shall we be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Service, even if we or its agents or our representatives know or have been advised of the possibility of such damages, or to any person other than you. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Uberlife for the Service during the term of membership.
We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of communicating and/or meeting with other Users of the Service, or introduced to you via the Service. We are not liable for the integrity of statements made by Users as to their identity and general background. It is incumbent and advised upon the User to verify any and all information relating to but not limited to this subject. It is advised to check references of any user.
Nothing in this agreement shall exclude or limit our liability to the User for death or personal injury resulting from the negligence of CitySocialising or that of the employees or agents of CitySocialising or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms of the Agreement.
Interpretation and Enforcement
The laws of England shall govern the interpretation and enforcement of this Agreement and your access to and/or use of (or any inability to use) the Service. You expressly acknowledge and agree that the non-exclusive jurisdiction for any claims relating to your access to and use of (or any inability to use) the Service shall be in the Courts of England and Wales.
To resolve a complaint regarding Uberlife, you should first contact our Customer Support team via email to firstname.lastname@example.org.
Uberlife is owned and operated by CitySocialising Limited, a company registered in England and Wales. Company Number 5005271. Registered address at 5 Wormwood Street, London, EC2M 1RQ, United Kingdom. VAT registration number 899 1807 59.
This Agreement was last updated on: 20 October 2011.