Terms of Use



What’s in these terms?

These terms tell you the rules for using our website at ummercial.com and any sub-domains thereof (our “Site”).

Who we are and how to contact us

https://www.ummercial.com is a site operated by Ummercial Corp. (“We”). We are Incorporated in Wilmington, DE. Our Delaware address is registered as 19C Trolley Sq. Wilmington, DE 19806. Our mailing address is P.O. Box 746 Newark, CA 94560

To contact us, please email: support@ummercial.com

By using our Site you accept these terms

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

           Our Privacy Policy which explains how we process any personal data we collect from you, or that you provide to us.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.


We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities.

We may suspend or withdraw our site

Access to our site is made available free of charge, but fees may be payable should you wish to order animations or access certain materials.

Save as we may have agreed with you in your subscription agreement, we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms of Use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@ummercial.com.

How you may use material provided by Ummercial

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Website Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


Animations created on your behalf using our Site (“Animations”) may require uploading of logos, images or text (“Customer Materials”). You must be the lawful owner or licensee of any such Customer Materials and any such Customer Materials must comply with our Content Standards:

Prohibited Uses

You may use our Site and Animations only for lawful purposes. You may not use our Site or Animations:

           In any way that breaches any applicable local, national or international law or regulation.

           In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

           For the purpose of harming or attempting to harm minors in any way.

           To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.

           To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (“Spam”).

           To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Software”).

Content Standards

These content standards (“Content Standards”) apply to any and all material which you contribute to our Site (“Contributions”), any images, logos, text, videos or audio that you upload in order to create an animation (“Customer Materials”), and to any Interactive Services associated with our Site.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

           Be accurate (where they state facts).

           Be genuinely held (where they state opinions).

           Comply with applicable law in the US and in any country from which they are posted.

Contributions, Customer Materials and any animations created (“Animations”) must not:

           Contain any material which is defamatory of any person.

           Contain any material which is obscene, offensive, hateful or inflammatory.

           Promote sexually explicit material.

           Promote violence.

           Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

           Infringe any copyright, database right or trade mark of any other person.

           Be likely to deceive any person.

           Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

           Promote any illegal activity.

           Be threatening, abuse or invade anothers privacy, or cause annoyance, inconvenience or needless anxiety.

           Be likely to harass, upset, embarrass, alarm or annoy any other person.

           Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

           Give the impression that they emanate from us, if this is not the case.

           Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Data Storage

When you subscribe to Ummercial you are responsible for downloading and backing up your animations and should not rely on our storage.

Do not rely on information on this Site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you

If you have entered into a subscription with us or have purchased an Animation from us:

If you have purchased an Animation or a Subscription from us, then our liability will be as set out in our Contract with you.

If you have not purchased an Animation or a Subscription from us, then our responsibility to you will be governed as follows:

Whether you are a business or consumer:

           We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

           We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

           We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

           use of, or inability to use, our Site; or

           use of or reliance on any content displayed on our Site.

           In particular, we will not be liable for:

           loss of profits, sales, business, or revenue;

           business interruption;

           loss of anticipated savings;

           loss of business opportunity, goodwill or reputation; or

           any indirect or consequential loss or damage.

Uploading or providing content or Customer Materials to Ummercial via email or through Ummercial.com

Whenever you make use of a feature that allows you to upload content to our Site, to make contact with other users of our Site, or to upload Customer Materials to our Site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant and represent that any such contribution or Customer Materials does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and representation. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty and representation.

We also have the right to disclose your identity to any third party who is claiming that any content posted or Customer Materials uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in our Terms of Use.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use content you upload

Any content you upload us or our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the service provided by the website and across different media.

Malicious software

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page unless expressly agreed with us.

We reserve the right to withdraw linking permission without notice for a violation of our policies as set forth in the Terms of Use.

If you wish to link to or make any use of content on our site other than that set out above, please contact Support@ummercial.com

Our trade mark

Ummercial” is a trade mark of Ummercial Corp. You are not permitted to use it without our approval, unless it is a part of material you are using as permitted under How you may use material provided by Ummercial as stated above.