Welcome to UMAXX© Powered by Supercloud International, Inc.
The
umaxx.tv service website is owned, operated, powered, and brought to you by
Supercloud International, Inc. (UMAXX©). The umaxx.tv service website
is a news, information, entertainment and social site (“UMAXX©servicewebsite”).
Summary
This
is the official Terms of Service Agreement (“Agreement” or “Terms”) between you
and
UMAXX©
for you to use the
UMAXX©service
website
UMAXX©.
UMAXX©
service
website. By clicking the
“AGREE” button, at the end of this Agreement, you have agreed to be bound by
this Agreement.
By
using the
UMAXX©
service
website, you agree that you will abide by the
terms of the Agreement and any additional terms that govern certain products
and/or services as may be presented on the
UMAXX©
service
website. This Agreement
will remain in full force and effect as long as you are a user of the
UMAXX©
service
website.
In the event of the termination of your account, service or feature, you will
still be bound by your obligations under this Agreement.
The
word "use" in this Agreement means any time an individual (a
"user"), directly or indirectly, does or attempts to access or use
any function, service or feature of the
UMAXX©
service website. This
Agreement does not cover your rights or responsibilities with respect to third
party content, sites or links that may direct you away from the
UMAXX©
service
website. This is the entire and only Agreement between you and
UMAXX©
regarding the use
of the
UMAXX©
service
website. This Agreement cannot be modified, except with
explicit written approval by
UMAXX©.
UMAXX©
service website via a personal
computer, a mobile or set top device or any other technology or device now
known or hereafter developed or discovered (each, a "Device").
The Service
The
word “Service” in this Agreement means the entertainment products that are
presented on the
UMAXX©service
UMAXX©
grants you a limited, non-exclusive, non-transferable,
license to access the service. You agree to use the Service in accordance with
all applicable laws and this Agreement.
The
number of Devices on which you may simultaneously use the Service is limited to
your subscription information. You can go to and change subscription
information on the "Log In" page to see the number of Devices on
which you may simultaneously use the Service.
UMAXX©
continually updates the Service.
UMAXX©
reserves the right
in its sole and absolute discretion to make changes from time to time and
without notice of how
UMAXX©offers
UMAXX©
Privacy Policy is incorporated herein and made a part of this Agreement.
UMAXX©
Privacy
UMAXX©Privacy
UMAXX©Privacy
Privacy Tab on the UMAXX©service
UMAXX©
makes no
representations or warranties about the quality of the Device that you choose
to use to experience the Service.
UMAXX©
may terminate or restrict your
use of the Service, without compensation or notice if you are, or if
UMAXX©
suspects that you are (i) in violation of this Agreement or (ii) engaged in
illegal or improper use of the Service.
Eligibility to Use the Service
You
must be 18 years of age or older and live in a (MDU) Multiple Dwelling Unit (HOA, COA, Apartment, Student Housing, Senior Housing, Hotel/Motel ect…) to subscribe to the Service. In certain
jurisdictions, the age of majority may be older than 18, in which case, you
must satisfy that age in order to become a member.
While individuals under
the age of 18 may utilize the service, they may do so only with the
involvement, supervision, and approval of a parent or legal guardian. If you
are under the age of eighteen, you must ask your parent or guardian to use this
website.
All
registration information you submit to the
UMAXX©service
website
If
you provide information that is untrue, inaccurate, not current or incomplete,
UMAXX©
has the right to suspend or terminate your subscription (in whole or
in part) and refuse any and all current or future use by you of the Service (or
any portion thereof), in the sole discretion of
UMAXX©,
If
you do not meet the eligibility requirements or, if for any reason, you do not
agree with all of the terms of this Agreement, you must immediately discontinue
accessing or using the Service and you may not access or use the
UMAXX©
service
website at any time in the future.
Proprietary Rights
UMAXX©
and its licensors, solely and exclusively, own or control all
right, title and interest in the
UMAXX©
website and the content you
experience as the user including copyright, trademark, and patents (the
“Proprietary Rights”). All Proprietary Rights are protected under U.S.
Federal, State and international law.
The
Services are noncommercial, non-exclusive, non-assignable, non-transferable and
limited to personal use only, and for no other purpose. Any unauthorized or
prohibited use of any content may subject you to civil liability, criminal
prosecution, or both, under applicable federal, state, local laws, or
applicable foreign laws, rules, regulations and treaties.
UMAXX©
will
enforce aggressively, to the fullest extent of the law, any such unauthorized use.
Digital Millennium Copyright Act
If
you are a copyright owner or an agent thereof and believe that any content on
the Service infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the
Designated Agent of
UMAXX©
(as set forth below) with the following
information in writing (see 17 U.S.C. 512(c)(3) for further details):
-
A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
-
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works on the Services are covered by a single
notification, a representative list of such works on the Services;
-
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled and information reasonably sufficient to permit us to locate the
material;
-
Information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and, if applicable, e-mail address;
-
A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent or the
law; and
-
A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
Written
notification of claimed infringement must be submitted to the following
Designated Agent:
Robert Epstein
Partner
Cowen, DeBaets, Abrahams & Sheppard
LLP
41 Madison Avenue, 38
th
fl.,
New York, NY 10010
tel: 212-974-7474 / fax: 212-974-8474
repstein@cdas.com
/
www.cdas.com
For
clarity, only DMCA notices should be sent to the Designated Agent and any other
feedback, comments, requests for technical support, and other communications
should be directed toUMAXX©Customer Service by sending an email to
info@supercloudintl.com
You acknowledge and agree that if you fail to
comply with all of the requirements of this Section, your DMCA notice may not
be valid.
If
you believe that your content, which was removed (or to which access was
disabled), is not infringing, or that you have the authorization from the
copyright owner, the copyright owner’s agent, or pursuant to applicable law, to
make such content available to
UMAXX©for
UMAXX©.
-
Your physical or electronic signature;
-
Identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed
or disabled;
-
A statement that you have a good faith belief that the content was removed or
disabled as a result of a mistake or a misidentification of the content; and
-
Your name, address, telephone number, and, if applicable, e-mail address, and a
statement that you shall accept service of process from the person who provided
notification of the alleged infringement.
If
a counter-notice is received by the Copyright Agent,
UMAXX©
may send a
copy of the counter-notice to the original complaining party informing that
person that it may replace the removed content or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order
against the content provider or the User, the removed content may be replaced,
or access to it restored, in 10 (10) to 14 (fourteen) business days or more
after receipt of the counter-notice, at
UMAXX©
sole discretion.
Acceptance of the Terms
You
are licensed to use the Service pursuant to this Agreement. Your access to and
use of the Service is conditioned on your acceptance of and compliance with
this Agreement. By accessing or using the Service you agree to be bound by
this Agreement. By clicking the “AGREE” button, at the end of this Agreement,
you have agreed to be bound by this Agreement.
Changes to the Terms
UMAXX©
has the sole and absolute discretion to change and update this
Agreement and reserves the right to do so without notice to you. Unless
otherwise stated, changes to this Agreement are made immediately effective and
represent the current version of this Agreement. The current version of this
Agreement supersedes previous versions. Your continued access to and use of
the Service establishes that you agree to be bound by the current version of
this Agreement. If you reject or do not agree with the changes or updates to
this Agreement or any part of the current Agreement, you must not access or use
the Service.
Authorized Jurisdictions
The
Services are available in the United States and its territories (each, an
"Authorized Jurisdiction", and collectively, the "Authorized
Jurisdictions").
UMAXX©
may add or remove countries and/or
territories from the list of Authorized Jurisdictions at any time and without
any notice, liability, or obligation to you with respect to each such
territory.
Intellectual Property: Copyright, Trademark, Patent
UMAXX©
is granting you, upon using the Service pursuant to this
Agreement, a strictly limited license to use its intellectual property, namely
its copyrights, trademarks and patents and those of its licensors (“Intellectual
Property”) and then only in connection with your authorized use of the Service
under this Agreement. The copyright to the content included in or made
available through the Service is the property of
UMAXX©
or its content
suppliers. Graphics, logos, page headers, button icons, scripts, and service
names included in or made available through the Service are trademarks or trade
dress of
UMAXX©.
UMAXX©
that
appear in the Service are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored byUMAXX©. The
UMAXX©
website operations are pursuant to patented or patent pending licensed
authority. The Intellectual Property of
UMAXX©
is protected by United
States and international law and is available only for your use of the Service
on the
UMAXX©
website pursuant and subject to the terms of this
Agreement as aforesaid
Privacy & Cookies
Personally
identifying information is subject to the Privacy Policy of
UMAXX©,
UMAXX©
to
understand the privacy practices and use of cookies.
Passwords & Account Access
The
user who created the account and whose payment method is charged is referred to
here as the “Account Owner”. The Account Owner has access and control over the
UMAXX©
account. The Account Owner's control is exercised through use of the
Account Owner's password. To maintain exclusive control, the Account Owner
should not reveal the password to anyone. In addition, if the Account Owner
wishes to prohibit others from contacting
UMAXX©
Customer Service (See
Customer Service) and potentially altering the Account Owner's control, the
Account Owner should not reveal the Payment Method details (e.g., last four
digits of their credit or debit card, or their email address if they use
PayPal) associated with the user’s account. You are responsible for updating
and maintaining the truth and accuracy of the information you provide to us
relating to your user account.
In
order to provide you with ease of access to your account and to help administer
the service
UMAXX©
implements technology that enables,
UMAXX©to
UMAXX©
ready devices, compatible devices or website.
BY
SHARING THE SERVICE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE
ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS
COMPLY WITH THE TERMS AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE
ACTIONS OF THE HOUSEHOLD MEMBERS.
You
should be mindful of any communication requesting that you submit credit card
or other account information. Providing your information in response to these
types of communications can result in identity theft. Always access your
sensitive account information by going directly to the
UMAXX©service
UMAXX©
reserves the right to place any
account on hold anytime with or without notification to the member in order to
protect itself and its partners from what it believes to be fraudulent or other
illegal activity.
UMAXX©
is not obligated to credit or discount a
membership for holds placed on the account by either a representative of
UMAXX©
or by the automated processes of
UMAXX©.
Use of Information Submitted
UMAXX©
may use any comments, information, ideas, concepts, reviews, or
techniques or any other material contained in any communication you may send to
us, including responses to questionnaires or through postings to the Service,
including the
UMAXX©
service website and user interfaces
("Feedback"), or may use any content you generate through the
UMAXX©
social chat feature (“Chat”) (collectively the “Information Submitted”).
UMAXX©
may use the Information Submitted without further compensation, acknowledgement
or payment to you for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products and creating, modifying or
improving the Service. In addition, you agree not to enforce any "moral
rights" in and to Feedback or Chat, to the extent permitted by applicable
law.
Subscription
Ongoing Subscription.
Your subscription, which may start with a free
trial, will continue month-to-month unless and until you cancel your
subscription or
UMAXX©
terminates it. You must have Internet access and
provide
UMAXX©
with a current, valid, accepted method of payment (as
such may be updated from time to time, "Payment Method") to use the
Service.
UMAXX©will
Differing Subscriptions. UMAXX©
may offer a number of subscription plans,
including special promotional plans or subscriptions with differing conditions
and limitations. Any materially different terms from those described in these
Terms of Use will be disclosed at your sign-up or in other communications made
available to you.
UMAXX©
reserves the right to modify, terminate or
otherwise amend the
UMAXX©
offered subscription plans.
Free Trials
Your
subscription may start with a free trial. The free trial period of your
subscription lasts for seven (7) days, or as otherwise specified during
sign-up. Free trials may not be combined with any other offers. Free trials
are for new and certain former subscribers only. The Service reserves the
right, in its absolute discretion, to determine your free trial eligibility.
UMAXX©
will begin billing your Payment Method for monthly subscription
fees at the end of the free trial period of your membership unless you cancel
prior to the end of the free trial period. To view the specific details of your
subscription, including monthly subscription price and end date of your free
trial period, visit the
UMAXX©
service website and click the “login”
link at the top of any
UMAXX©
service website page to go to your account
details.
UMAXX©may
You
will not receive a notice from us that your free trial period has ended or that
the paying portion of your subscription has begun. CLICK THE "LOGIN"
LINK AT THE TOP OF ANY
UMAXX©
SERVICE WEBSITE PAGE TO GO TO YOUR ACCOUNT
AND FIND CANCELLATION INSTRUCTIONS.
UMAXX©
will continue to bill your
Payment Method on a monthly basis for your subscription fee until you cancel.
Billing
Recurring Billing.
By starting your subscription, you authorize us
to charge you a monthly subscription fee at the then current rate, and any
other charges you may incur in connection with your use of the Service to your
Payment Method. You acknowledge that the amount billed each month may vary from
month to month for reasons that may include differing amounts due to
promotional offers and/or changing or adding a plan, and you authorize us to
charge your Payment Method for such varying amounts, which may be billed
monthly in one or more charges.
Restocking Fee
(RSF)
In an effort to keep
our rates as low as possible for our valued subscribers, your service to
the UMAXX© experience assumes you will be enjoying our product for at
least a 12-month timeframe in order for us to cover the cost of the
Set-Top Box (“STB”). The purchase price of the (“STB”) is included
in your service with NO Out-Of-Pocket expense to you. If you
cancel your service to UMAXX© before you have completed the 12th month,
you may be subject to a Restocking Fee (“RSF”). We reserve the right
to charge an RSF to the Payment Method you have on file with us. The
maximum RSF is $192 per STB, prorated at $16 per month over 12 months.
For example a new customer with one STB who cancels their service to
UMAXX© after 7 months may be charged a RSF of $80 (5 months remaining x $16 per
month).
Price Changes. UMAXX©
reserves the right to adjust pricing for the
Service or any components thereof in any manner and at any time as
UMAXX©
may determine in the sole and absolute discretion of
UMAXX©.
Billing Cycle.
The subscription fee for the Service will be billed at the
beginning of the paying portion of your subscription and each month thereafter
unless and until you cancel your subscription.
UMAXX©
will automatically
bill your Payment Method each month on the calendar day corresponding to the
commencement of your paying subscription. Subscription fees are fully earned
upon payment.
UMAXX©
reserves the right to change the timing of the
billing, in particular, as indicated below, if your Payment Method has not successfully
settled. In the event your paying subscription began on a day not contained in
a given month,
UMAXX©
may bill your Payment Method on a day in the
applicable month or such other day as
UMAXX©
deems appropriate. For
example, if you started your subscription or became a paying subscriber on
January 31st, your next payment date is likely to be February 28th, and your
Payment Method would be billed on that date. Your renewal date may change due
to changes in your Subscription. Visit our website and click on the "Log
In" link to go to your Account page to see the commencement date for your
next renewal period.
UMAXX©
may authorize your Payment Method in
anticipation of subscription or service-related charges. As used in these
Terms, "billing" shall indicate a charge, debit or other payment
clearance, as applicable, against your Payment Method. Unless otherwise stated
differently, month or monthly refers to your billing cycle.
No Refunds.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR
CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you
will continue to have access to the Service through the end of your current
billing period. At any time, and for any reason,
UMAXX©
may provide a
refund, discount, or other consideration to some or all of theUMAXX©subscribers
("credits"). The amount and form of such credits, and the decision to
provide them, are at the sole and absolute discretion of
UMAXX©.
Payment Methods.
You may edit your Payment Method information by
visiting the
UMAXX©
service website and clicking on the "Log
In" link, available at the top of the pages of the
UMAXX©Website.
UMAXX©Service.
Cancellation.
You may cancel your subscription at any time, and you will
continue to have access to the Service through the end of your monthly billing
period.
UMAXX©
DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH
MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the
"Log In" page on the
UMAXX©
Website and follow the
instructions for cancellation.
Disclaimer of Warranties
YOUR
USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH
THIS
UMAXX©
SERVICE SITE AND/OR UMAXX.TV INTERACTIVE SERVICE IS AT YOUR
OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION,
TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS
UMAXX©
SERVICE SITE OR
UMAXX©
INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS
IS,” “AS AVAILABLE” BASIS.
UMAXX©
MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
UMAXX© SERVICE
SITE
UMAXX©
DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS THAT THIS
UMAXX©SERVICE
SITE
UMAXX©
SERVICE SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL
COMPONENTS. UMAXX.TV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS
UMAXX©
SERVICE SITE
FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND
RELATED GRAPHICS CONTENT.
UMAXX©
IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS,
MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS,
INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF SUBSCRIPTION OR OTHER ORDERS OR
UMAXX.TV INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT,
WHETHER HUMAN OR TECHNICAL IN NATURE.
Exceptions
SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN
WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS,
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS,
UMAXX©
LIABILITY
Limitations on Liability
In
no event shall
UMAXX©
its subsidiaries, affiliates, distributors,
suppliers, licensors, agents or others involved in creating, sponsoring,
promoting, or otherwise making available this
UMAXX©
Service Website and
its contents, be liable to any person or entity whatsoever for any direct,
indirect, incidental, special, compensatory, consequential, or punitive damages
or any damages whatsoever, including but not limited to: (i) loss of goodwill,
profits, business interruption, data or other intangible losses; (ii) your
inability to use, unauthorized use of, performance or non-performance of this
UMAXX©
Service
Website;
UMAXX©
Service
Website or any information, software, products, services, and related graphics
obtained through this
UMAXX©Service
Website;
UMAXX©
Service Website; (vii) any
property damage including damage to your Device or computer system caused by
viruses or other harmful components, during or on account of access to or use
of this
UMAXX©Service
Website
UMAXX©
Service Website or the Service. The limitations of liability shall apply
regardless of the form of action, whether based on contract, tort, negligence,
strict liability or otherwise, even if
UMAXX©
has been advised of the
possibility of damages.
Indemnification
You
agree to indemnify and hold harmless
UMAXX©,
UMAXX©service
website
UMAXX©in
Governing Law and Disputes
Governing Law.
This Agreement, including all claims relating to or arising
hereof or breach thereof, whether sounding in contract, tort, or otherwise,
will be governed and construed in accordance with the laws of the state of
Florida, excluding its choice-of-law principles.
Applicability of Section.
The terms of this section will apply to all
disputes that may arise out of, are connected with, or relate to this Agreement
or the Services, subject only to the following exceptions: (1) if
UMAXX©
reasonably believes that you have in any manner acted or failed to act in any
manner that may cause harm to us or any third party,
UMAXX©
may seek
injunctive or other appropriate relief in any court of competent jurisdiction;
or (2) any dispute may, at the option of the claiming party, be resolved in
small claims court under the laws of the State of Florida, provided that all
claims by all parties in the dispute (i) fall within the jurisdiction of the
small claims court, and (ii) were unsuccessfully resolved through the required
Informal Resolution procedure (See “Informal Resolution”). Furthermore, in no
event will the terms of this section limit
UMAXX©
ability to investigate
complaints or reported violations of this Agreement, or to take any action
UMAXX©
deems
Informal Resolution.
If you have any dispute with us or any related
third party, arising out of, relating to, or connected with this Agreement or
the Service, you agree to contact us directly and provide a brief, written
description of the dispute and your contact information (including your
username, if your dispute relates to an account); and give us thirty (30) days
from the date of filing your written description with us within which to
resolve the dispute to your reasonable satisfaction. If
UMAXX©
does not
resolve the dispute through good faith negotiations under this informal
process, you may pursue the dispute in accordance with the arbitration
agreement (See “Arbitration Agreement”).
Limitation of Actions.
Regardless of any statute or law to the contrary,
any claim or cause of action you may have arising out of, relating to, or
connected with your use of the Services, must be filed within twelve (12)
months of the date the facts giving rise to the suit were known or should have
been known by you, or forever be barred.
Customer Service
If
you need assistance with your account, click on the "Help" link at
the bottom right hand corner of the
UMAXX©
service website at any time
and you will be directed to customer service (“Customer Service”). There you
will find the answers to many frequently asked questions and information on
reaching a Customer Service representative. In certain instances, Customer
Service may best be able to assist you by using a remote access support tool
through which
UMAXX©has
UMAXX©
will assist you through the means of support you
select. By selecting a support tool, you are consenting to access from
UMAXX©
to you and your devices as is applicable through that support tool. You should
not select a support tool if you do not consent to a Customer Service
representative having access to you and your devices as is applicable through
that support tool. In the event of any conflict between this Agreement and
information provided by Customer Service or other portions of the
UMAXX©service
website,
Force Majeure
UMAXX©
shall not be liable for any delay or failure to perform resulting
from causes outside the reasonable control of
UMAXX©
that includes, but
is not limited to, unforeseen circumstances or cause beyondUMAXX©control,
such as, acts of God, war, terrorism, riots, embargoes, acts of civil or
military authorities, fire, floods, accidents, strikes, or shortages of
transportation facilities, fuel, energy, labor or materials.
I
HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF
SERVICE AGREEMENT AND AGREE THAT MY USE OF THE
UMAXX©
SERVICE WEBSITE
AND TOOLS IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT.
