Updated as of March 9, 2023.
1. Use of Marketplace Applications.
1.2 Support and Maintenance. Any support and maintenance for Third Party Applications will be provided by the applicable third party in accordance with the applicable Third Party Terms. Uberflip is not responsible for any support or maintenance for Third Party Applications. For Uberflip Applications, Uberflip will provide any support or maintenance in accordance with the Uberflip Terms.
2. Ownership and Reservation of Rights.
3. Your Responsibilities and Representations.
3.1 You represent and warrant that You will use the Marketplace and Applications in compliance with all applicable laws.
3.2 You must use the Marketplace and Applications in compliance with all requirements set forth in the Uberflip Terms, to the extent such would apply to the Marketplace and Applications. For clarity, the terms relating to customer responsibilities and restrictions will apply to Your use of the Marketplace and Applications.
4. Data Collection and Sharing.
4.1 If You deploy a Third Party Application, Uberflip may provide the third party provider with the information You provide in order to complete the transaction, which may include Your name, company name, address, email address and phone number. Any third party provider’s use of data is subject to the applicable Third Party Terms.
5. Review of Marketplace Applications.
Uberflip may introduce a review feature allowing You to publish reviews of Applications on the Marketplace. Should You choose to post a review, You acknowledge that Your review, name and profile information will be posted on the Marketplace. You hereby grant Uberflip a nonexclusive, worldwide, irrevocable, perpetual, transferable and sublicensable, fully paid-up, royalty-free license to use, distribute, reproduce, modify, attribute, adapt and publicly display Your review. Uberflip reserves the right, in its sole discretion and for any reason, to remove or edit any review or comment on the Marketplace. Uberflip reserves the right to remove any review, in its sole discretion.
6. Term and Termination.
7.1 THE MARKETPLACE AND ALL APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, UBERFLIP EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT UBERFLIP DOES NOT WARRANT THAT THE MARKETPLACE OR APPLICATIONS WILL BE UNINTERRUPTED, INTEROPERABLE WITH UBERFLIP PRODUCTS, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
7.2 Third Party Applications. Third party providers are solely responsible for their Applications and any related content or materials included in their Applications. Uberflip shall have no liability or responsibility, whatsoever, for any Third Party Applications. Use of any Third Party Applications is at Your sole discretion and risk.
7.3 Removal of Applications. Uberflip may, at any time and without liability, remove an Application from the Marketplace and Uberflip or third party providers may also update, modify or remove their respective Applications at any time.
8. Limitation of Liability.
8.1 IN NO EVENT SHALL UBERFLIP BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR PENALTIES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF OR DAMAGE TO DATA, LOSS OF PROFITS OR LOST BUSINESS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE MARKETPLACE OR SERVICES.
10.1 Feedback. By submitting any ideas, suggestions, enhancement requests or recommendations (“Feedback”) You acknowledge and agree that Uberflip shall be free to use, disclose, reproduce, license or otherwise distribute, make available and exploit the Feedback as it sees fit, entirely without obligation or restriction on account of any intellectual property rights, confidentiality obligations or otherwise.