UMEWORLD LIMITED WEBSITE TERMS OF SERVICE
Last Modified: July 17, 2023
Welcome to http://www.umeworld.com, a website operated and owned by UMeWorld Ltd (“Us” or “We”). By accessing the Website, the user (“You”) acknowledges, understands and agrees to the terms contained herein in full. If you do not agree with any of the terms contained herein, you shall immediately cease using the Website.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE WEBSITE. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION, INCLUDING A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, BOTH WEBSITE IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED. THE WEBSITE IS ONLY AVAILABLE TO YOU - AND YOU SHOULD ONLY ACCESS THE WEBSITE - IF YOU AGREE COMPLETELY WITH THESE TERMS.
INTELLECTUAL PROPERTY
This website and all the graphics, images, data and information thereon belong to UMeWorld and other third parties, as the case may be. The copyright to the contents of this website is owned by or licensed to UMeWorld or owned or licensed by other third parties. This website is intended for personal use, quick reference, illustration and information purposes only and may not be copied, redistributed or published in any manner without the written permission of UMeWorld. Any unauthorised use of any part of this website is strictly prohibited. The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this website belong to UMeWorld. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Any use/misuse of the Trademarks displayed on this website, or any other content on this website, except as provided in these Terms and Conditions, is strictly prohibited. UMeWorld reserves the rights to bring any action arising from the improper or unauthorised use of this website, including any action for infringement of its trademarks and other intellectual property rights.
PRIVACY
When you browse the website We do not collect any personal information from you (e.g., your name or other identifiers that can be linked to you). However, we may collect information you provide us for the purpose of direct dealings. We also use third-party service providers, which may receive or independently obtain your personal information from publicly-available sources. We do not control how these third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information. In particular, please visit https://policies.google.com/technologies/partner-sites to learn more about how Google uses data. By accessing and using the Website, you understand and consent to our data practices and our service providers' treatment of your information.
For additional information on our privacy policy, please see the UMEWORLD LIMITED PRIVACY POLICY located on our website to understand how we handle your information, and what information is collected generally.
PROHIBITED ACTIVITY
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Website:
NON-SOLICITATION; NO INVESTMENT ADVICE
All information provided on the Website is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in the Website. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance and as appropriate, before taking any financial, legal, or other decisions involving the Website, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
NO WARRANTIES
The Website is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim any representations and warranties of any kind, whether express, implied, or statutory, including (but not limited to) the warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your use of the Website is at your own risk. We do not represent or warrant that access to the Website will be continuous, uninterrupted, timely, or secure; that the information contained in the Website will be accurate, reliable, complete, or current; or that the Website will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Website. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Website.
THIRD-PARTY RESOURCES AND PROMOTIONS
The Website may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Website. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
RELEASE OF CLAIMS
You expressly agree that you assume all risks in connection with your access and use of the Website. You further expressly waive and release UMeWorld Limited and its subsidiaries, associated, related and affiliated companies and employees, directors, contractors and agents thereof (“Released and Indemnified Parties”) from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Website.
INDEMNITY
You agree to hold harmless, release, defend, and indemnify all Released and Indemnified Parties from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Website; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Website with your assistance or using any device or account that you own or control.
LIMITATION OF LIABILITY
Under no circumstances shall Released and Indemnified Parties be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Website, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Website; (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein; (d) interruption or cessation of function related to the Website; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website; (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Website; and (g) the defamatory, offensive, or illegal conduct of any third party in any links or through any other third party information provided via the website. Under no circumstances shall Released and Indemnified Parties be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of the Website, or USD$100.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in this Agreement may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
DISPUTE RESOLUTION
We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to info@umeworld.com so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within eighty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.
Any dispute arising out of or in connection with this Agreement (“Dispute”), including questions regarding its existence, validity, or termination, or any other dispute arising out of the use of the Website shall initially be negotiated between the Parties in good faith a remedy to the specified breach. In the event no amicable negotiation is possible between the contracting parties and the effectiveness of negotiation is in doubt, it is agreed that all claims shall be subject first to mediation under the International Chamber of Commerce ("ICC") Mediation Rules. In the event that neither negotiation in good faith nor remedy is able to solve the Dispute, the Dispute will then be referred to and finally resolved by arbitration in Florida, United States. The tribunal shall consist of one (1) arbitrator to be nominated by Us. The language of the arbitration shall be in English and governed by the laws of the state of Florida.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the internal laws (and not the laws of conflicts) of the state of Florida, and the federal laws of the United States of America, as applicable. The choice of the laws of Florida is the governing law of this Agreement, in addition to any applicable federal laws. This Agreement shall be governed by and construed in accordance with the substantive laws of Florida without regard to conflict of laws principles.
SEVERABILITY
Should any of the clauses within this Agreement be unenforceable or void per the laws of Florida, the clause running afoul of the Common or Statutory law shall be severed from this Agreement, leaving any and all other clauses within the Agreement whole and less the severed clause, in full force and effect.
ENTIRE AGREEMENT
These terms constitute the entire agreement between you and us with respect to the subject matter hereof and in addition to the UMeWorld Limited Website Disclaimer sets out all terms of the relationship, including rights due, rights waived, obligations owed and obligations waived between you and us. Should there be any conflict between the Disclaimer and this Agreement, this Agreement shall supersede the former. Additionally, this Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.
RIGHT TO MODIFY
We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by reuploading a current version of the Agreement here, and may modify the modification date to indicate changes have been made.
All modifications will be effective when they are posted, and your continued accessing or use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.