Terms of Service
Welcome to the Universe experience located at onuniverse.com and related websites ("Universe Sites") and in our mobile application ("App"). We provide tools for users to build websites ("User Sites"). The Universe Sites, User Sites, and App together with any other services we may provide are the "Services."
Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of our Services. These Terms are a contract between you and Universe Exploration Company. ("Universe Exploration Company", "Universe", "we", "our" and/or "us").
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don't agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity.
2. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE "ARBITRATION" SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND UNIVERSE EXPLORATION COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
3. Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we modify the terms in a material way, we'll notify you by email or through the Services. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Fees and Payments
4.1 Fees
We may charge fees for various parts of our Services. We will notify you of those charges before you purchase them. We may, in our sole discretion and at any time, change our fees. If we do so, we'll notify you by email or through the Services before the change. If you have a current agreement with us, your fees won't change until the following renewal date. If you stop paying for any product or service, we may stop providing that product or service. Unless stated otherwise, all fees will be in U.S. Dollars.
4.2 Taxes
Unless stated otherwise, our fees do not includes taxes. You're responsible for all applicable taxes.
4.3 Promotions; Coupon Codes; Other Discounts
We may from time to time offer promotions, coupons, or other discounts. Coupon codes have no cash value, are not retroactive, are non-transferable, and expire within 30 days of issue.
4.4 Auto-Renew
To avoid disruption in our Services for you, we automatically renew your subscriptions with us for whatever period you signed up for. If you signed up for a monthly plan, we automatically renew your plan and charge your payment method each month. If you signed up for an annual plan, we automatically renew your plan and charge your payment method each year. You can cancel your account by contacting us.
4.5 Chargebacks
If you contact your bank or credit card company to decline, chargeback, or otherwise dispute or reverse the charge of any fees, we may challenge your dispute and terminate your account.
4.6 Payment Processing
Payment processing services for users, e.g. sellers on Universe are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to this agreement / these terms or continuing to operate as a user, e.g. seller on Universe, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Universe enabling payment processing services through Stripe, you agree to provide Universe accurate and complete information about you and your business, and you authorize Universe to share it and transaction information related to your use of the payment processing services provided by Stripe
5. Domain Names
We may offer to you the ability to use a custom domain name for a website. We own any domains that you register through us.
6. Who May Use the Services
6.1 Eligibility
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
6.2 Registration and Your Information
You may also need to create an account ("Account") through the App to use parts of the Services. You must give us accurate, complete, and up-to-date information for your Account and you agree to keep it updated for the purposes of communication and contact. If you don't, we may suspend or terminate your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
7. Feedback
We welcome feedback, comments, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at feedback@onuniverse.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, and create derivative works based upon and otherwise exploit the Feedback for any purpose.
8. Content and Content Rights
For the purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) "User Content" means any Content that users (including you) provide to be made available through the Services.
9. Content Ownership, Responsibility, and Removal
9.1 Ownership of Intellectual Property
Universe Exploration Company does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing,
Universe Exploration Company and its licensors exclusively own all right, title, and interest in and to the Services, Content, and Universe, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
9.2 Rights in User Content
By making any User Content available through the Services, including through submitting, posting, or displaying User Content on Universe, you hereby grant to Universe Exploration Company a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content, in any and all media or distribution methods, (i) to you; (ii) to other users of the Services; and (iii) to third parties.
9.3 Responsibility for User Content
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Universe Exploration Company on or through the Services will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We can't review all the User Content on our Services. We aren't the publisher of, don't endorse, and aren't liable for any User Content. If you use the Services in any way, you are responsible for your User Content and you release us from any damages caused by your or others' User Content.
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content and Screens, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content, including User Content, or domain names, to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9.4 Copyright
Universe Exploration Company respects copyright law and expects its users to do the same. Universe Exploration Company will terminate access to the Services in appropriate circumstances for users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Universe Exploration Company's Copyright Policy at https://onuniverse.com/legal/copyright-policy for further information.
10. Rights and Terms for Apps
Subject to your compliance with these Terms, Universe Exploration Company grants to you a limited non-exclusive, non- transferable, non-sublicenseable license to download and install a copy of the App on a mobile device that you own or control and to run that copy of the App solely for the purposes of accessing and using the Services. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Universe Exploration Company reserves all rights in and to the App not expressly granted to you under these Terms.
11. General Prohibitions and Universe Exploration Company's Enforcement Rights
11.1 You agree not to do any of the following:
Post, upload, publish, submit, or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, copy, display, mirror, or frame the Services or any individual element within the Services (including the user interface), Universe Exploration Company's name, the Universe name, any Universe Exploration Company or Universe trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Universe Exploration Company's express written consent;
Access, tamper with, or use non-public areas of the Services, Universe Exploration Company's computer systems, or the technical delivery systems of Universe Exploration Company's providers;
Attempt to probe, scan, or test the vulnerability of any Universe Exploration Company system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Universe Exploration Company or any of Universe Exploration Company's providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Universe Exploration Company or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use the Services or Content in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
11.24 Third-Party Services
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
If you use the YouTube block, you agree to be bound by YouTube’s Terms of Service (https://www.youtube.com/t/terms).
12. Our Rights
In addition to the rights we reserve in these Terms, some rights we have:
We can make changes to the Services.
We can decide who's eligible to use the Services.
We can contact you about Services.
We can cancel stop offering the Services.
We can remove your User Content.
We are not liable for any damages as a result of any of these actions.
13. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. If you have an Account, you may request to cancel your Account at any time by sending an email to us at help@onuniverse.com and we will see what we can do to delete it. However, we cannot guarantee that your Account will be deleted from the Services and you acknowledge and agree that your Account may continue to exist on the Services, even if it is not being used. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions will survive: "Feedback", "Content Ownership, Responsibility and Removal", "Universe Exploration Company's Enforcement Rights", "Termination", "Indemnity", Limitation of Liability", "Dispute Resolution", and "General Terms".
14. Warranty Disclaimers
The Services and Content are provided "AS IS," without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
15. Indemnity
You will indemnify and hold harmless Universe Exploration Company and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) any domain names you use through the Services, or (iv) your violation of these Terms.
16. Limitation of Liability
NEITHER Universe Exploration Company NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM, FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT OR FOR ANY ERROR OR DEFECT IN THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Universe Exploration Company HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL Universe Exploration Company'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO Universe Exploration Company FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Universe Exploration Company, AS APPLICABLE
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Universe Exploration Company AND YOU.
17. Dispute Resolution 17.1Governing Law
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
17.2 Agreement to Arbitrate
You and Universe Exploration Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provideUniverse Exploration Company with written notice of your desire to do so by email or regular mail at 51 Nassau Ave 2-F, Brooklyn, NY 11222 within thirty (30) days following the date you first agree to these Terms (such notice, an "Arbitration Opt-out Notice"). If you don't provide Universe Exploration Company with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Universe Exploration Company with an Arbitration Opt-out Notice, will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Universe Exploration Company with an Arbitration Opt-out Notice, you acknowledge and agree that you and Universe Exploration Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Universe Exploration Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
17.3 Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA') in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
174 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAAs roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
17.5 Arbitration Location and Procedure
Unless you and Universe Exploration Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Universe Exploration Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
17.6 Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Universe Exploration Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
17.7 Arbitration Fees
Your responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Universe Exploration Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
18. Changes
Notwithstanding the provisions of the "Modification" section above, if Universe Exploration Company changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to legal@onuniverse.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Universe Exploration Company's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Universe Exploration Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Universe Exploration Company and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Universe Exploration Company and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the "Arbitration" section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Universe Exploration Company's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Universe Exploration Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Universe Exploration Company under these Terms, including those regarding modifications to these Terms, will be given: (i) by email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which the notice is transmitted.
Universe Exploration Company's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Universe Exploration Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contact Information
If you have any questions about these Terms or the Services, please contact Universe Exploration Company at legal@univer.se.