PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS SITE
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: firstname.lastname@example.org
By using our Site you accept these terms
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
There are other terms that may apply to you
apply to your use of our site:
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
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
and other applicable terms and conditions, and that they comply with
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
If you know or suspect that anyone other than you knows your user
identification code or password, you must promptly notify us at
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
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
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
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
• 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”).
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.
• 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
• 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
• 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 another’s privacy, or cause
annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other
• 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
• Advocate, promote or assist any unlawful act such as (by way of
example only) copyright infringement or computer misuse.
When you subscribe to Ummercial you are responsible for
downloading and backing up your animations and should not rely on
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
• 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
◦ 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
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
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
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 nonconfidential 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.
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
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
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
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