TERMS OF SERVICE



ultraproffie.com is a platform where users can configure their Ultraproffie boards.

In order to ensure a personalized, empowering and secure user experience, on our platform, the following terms apply.


  1. INTRODUCTION



These General Terms of Use apply to the ultraproffie.com services Platform. You are asked to read them carefully before using this site or accessing any data on the ultraproffie.com Platform – www. ultraproffie.com. In the case you do not completely agree to them, you should exit this site now.

The ultraproffie.com services Platform (collectively, the "Platform" or “Site”) are operated by RSX Engineering S.R.L., a Timisoara/Romania based limited liability company "the Company," "we," or "us").

By accessing or using ultraproffie.com, including any subdomain thereof (the "Site" or “Platform”), you (the "User/s" ) signify that you have read and understood and that you agree to be bound by these terms of use ("Terms of Use").

YOU REPRESENT AND WARRANT THAT YOU HAVE SUFFICIENT KNOWLEDGE OF THE ENGLISH LANGUAGE OR THAT YOU HAVE MADE USE OF A PROPER TRANSLATION INTO A LANGUAGE YOU SUFFICIENTLY UNDERSTAND. YOU REPRESENT AND WARRANT THAT YOU FULLY UNDERSTAND ALL GENERAL AND SPECIFIC TERMS OF USE, OUR PRIVACY POLICY AND ANY COMMUNICATION OR DISCLOSURE YOU SHALL RECEIVE VIA THE PLATFORM OR BY E-MAIL FROM US.

We shall not be held responsible for any misunderstanding resulting from any deficiency in understanding the English language.

If you have registered as a User, your use of this website forms a legally binding contract. You are only authorized to access this website or to use the materials and services contained in the website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms of Service.

In addition to these Terms of Use, you may enter into other agreements with us that will govern your use of the Platform. In case of any contradiction between these General Terms of Use and another agreement you enter into applicable to specific aspects of the Platform, the other agreement shall prevail in relation to the specific aspects of the Platform to which it applies. You are also asked to read carefully all Special Terms of Use after reading these Terms.

We may make changes to these Terms of Use from time to time. In such case, the changed Terms of Use shall be published on the Site and shall indicate at the top of this page the date they were last revised. You agree that your continued use of the Platform after such changes have been made represents your agreement to the new Terms of Use.

As a registered User of the ultraproffie.com Platform you are asked to check periodically our Terms of Service as well as any disclosure of information regarding the use of the Platform and its services. Users shall be informed by the Platform via e-mail on any change in these Terms of Service. The e-mail address which will be used for this purpose shall be the one used for registration.



  1. VIOLATION OF THE TERMS OF SERVICE

Any person of legal age may register in order to access the Platform, including persons under 21 years. However, in order to enter an Agreement with another User the person must of legal age in your state/country. Before entering an Agreement with another User, you, a registered User, acknowledge reading and understanding these terms and conditions and you are solely liable for declaring you are of legal age for entering a legal Agreement.

If of younger age, the person using the Platform must be legally represented or assisted by his parents or his guardian and, if the case, have the consent of the guardianship court.

By using the Platform, Users represent and warrant that they are a natural person, they are of legal age or older and that they agree to and will abide by all of the terms and conditions of these Terms of Service.

If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, we may terminate your membership, delete your profile and any content or information that you have posted and/or prohibit you from using or accessing the Platform or any part or feature of it, at any time in our sole discretion, with or without notice, including without limitation if we believe that you are under legal age.



  1. INTELLECTUAL PROPERTY



    1. Intellectual property ownership.

The whole content on the Platform, including but not limited to text, graphics, pictures, designs, video, information, music, sound, software and other files, and their arrangement and selection (“the Platform content”), is the property of the Company with all rights reserved. However, the content of the user uploads, its accompanying description by the means of text, pictures, designs, videos, sound or any other kind of information, i.e. documents and attachments are the sole property of the User.

ultraproffie.com does not claim ownership of any intellectual property you submit for posting/sharing for electronic signature purposes on the Site. However, by submitting your information you are granting ultraproffie.com the non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free right to disclose the information you provide to our site, including the summary of your intellectual property (but not the right to your intellectual property) to the recipients you select.

Users may review personal information posted by or relating to other Users on the Platform, entailed by the teaser, only with regard to general information about their profile such as the name, age, gender, address, occupation, interests and content description, but they are not authorized to disclose or otherwise use such information for any purpose other than assessing the trustworthiness of other Users to whom they may want to enter into a commercial relation.

No contractual relation may be entered into without full disclosure of personal information to the Platform and the counterpart. The Platform is entitled to make any verification with regard to the identity of the Users, e.g. to require the uploading of identity cards, public registration certificates etc.

Users may not reproduce any personal information. They represent and warrant that:

(i) they do not have the ability to match any personal information posted by or relating to other Users to the identity of any individual;

(ii) they shall not make any attempt to obtain data permitting them to match any personal information posted by or relating to other Users to the identity of any individual and shall not use any other procedure to enter into a commercial relation to other Users than those provided by the Platform;

(iii) they shall not accept any information from any third party that permits such a match; and

(iv) they shall make no such match neither before nor after having used the respective procedures provided by the Platform, regardless of the success or failure of their negotiations with other Users.

    1. Intellectual property infringement.

The accounts of users who infringe intellectual property will be terminated . We reserve the right to take down any Content that we conclude, in our sole discretion, may infringe third party rights.



  1. LIMITATIONS ON DATA COLLECTION

Users are not entitled to:

ultraproffie.com may terminate, disable or throttle your access to, or use of, this Platform and its services at any time without notice at it's sole discretion especially in the case of infringement of these General Terms of Use, the Special Terms of Use and the Platform’s Privacy Policy as well as in the case of breach of any contract concluded between the User and the Platform or between Users.



  1. ACCOUNT AND LOGIN



You are responsible for maintaining the confidentiality of your Personal or Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

All Users represent, warrant and agree that no materials of any kind submitted through their account or otherwise posted or shared by them through the Platform will violate or infringe upon the rights of any third party, including privacy, publicity, copyright, trademark, or other personal or proprietary rights; or contain defamatory, fraudulent or otherwise unlawful material of any kind.

All Users further agree not to harvest or collect e-mail addresses or other contact information of Users from the Platform by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications. The User who harvests or collects e-mail addresses or other contact information of Users from the Platform by electronic or other means for the aforementioned purposes shall bear solely the whole liability in relation to those Users. Any User who was harmed in any way by such means agrees not to sue ultraproffie.com for any damage occurred to him/it.

Additionally, all Users agree not to use automated scripts to collect information from the Platform or for any purpose. You further agree that you may not use the Platform in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Platform and that you shall bear solely the whole liability for any such damages.

In addition, all Users agree not to use the Platform in order to:

If any User posts or uploads by mistake any personal information on the public sections of the Platform, he is entitled to delete them or to request their deletion by the Platform. ultraproffie.com is not responsible for any damage which might occur in the period between the date of publication and the date of deletion as well as after their deletion. In any case, Users or third parties who take advantage and use for any purpose such information, before or after their deletion, are liable for their actions in relation to that User. Users are fully responsible in case of voluntary posting or uploading of any personal information on the public sections of the Platform.



    1. User content posted and/or uploaded on the Platform

You, the User, are solely responsible for the personal or business information, photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content that you upload, publish, provide or display (hereinafter, "post") on or through the Platform, or transmit to or share with other Users (collectively the "User content").

Due to the high volume of user generated data, ultraproffie.com does not in any way verify or certify any of the information on the ultraproffie.com website, or in any emails or correspondence from participants using the ultraproffie.com website. ultraproffie.com strives to ensure the integrity of the information on ultraproffie.com, but cannot guarantee the truthfulness of the information that each user provides through ultraproffie.com. ultraproffie.com reserves the right to release any user information or other information if required to do so by law.

You understand and agree that the Company may, but is not obliged to, review and delete or remove (without notice) any User content in its sole discretion, including without limitation, User content that in the sole judgment of the Company violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of Users or others.

By posting user content to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, with the sole purpose of sharing and promoting, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose of or in connection with the Platform or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing.

You may remove your user content from the Site at any time. If you choose to remove your user content, the license granted above will not expire. All Users accept that content they made publicly available to other Users by sharing or other means may be still totally or partially available after they have removed it from their personal profile/account and may be used as such by those other Users or any person that is in knowledge of such content.

In any case, by consenting in accordance with this paragraph, the User will not transfer to ultraproffie.com the intellectual property rights of the content. ultraproffie.com will not modify or erase user content, unless it considers that the content is inappropriate, improper, indecent or likewise. In such case, ultraproffie.com will have the right to modify or erase the content at its sole discretion and without prior notification.

You may review personal or business information posted by other Users on the Platform, but you are not authorized to disclose or otherwise use such information for any purpose other than assessing the trustworthiness of other Users and only for the purpose of further negotiations regarding a possible selling or buying of intellectual property rights, patents etc. In case of any unauthorized disclosure or use of information for any other purpose than the aforementioned, the User will be fully liable for any damage caused to other Users, to the Platform or the third parties. Users harmed by such actions represent that they are entitled to sue only the User who inflicted the harm upon them and they guarantee that they give up any suing rights against the Platform.

    1. Consent to Electronic Disclosures

Because the ultraproffie.com Platform operates only on the Internet, if you choose to participate on our Platform as a User, it is necessary for you to consent to the disclosing of information online and electronically.

You hereby agree to receive from us electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Platform, including any information you may request or receive, your registration as a user on the Platform, your use of this Platform as a member of ultraproffie.com (each, a "Disclosure"), irrespective of the capacity in which we are acting.

    1. Customer Communications

You expressly give your consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any physical or electronic address you provide or at which you may be reached.

You expressly accept the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any communication that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you. Any such recording and monitoring shall be carried out in full compliance with all applicable Romanian and International laws and regulations regarding data protection rights. These provisions also apply to any means of communication, either electronic or physical.

Any disclosures will be provided to you electronically through www.ultraproffie.com or via electronic mail to the e-mail address you provided when registering.

Your consent to receive disclosures electronically, and our agreement to do so, applies to any kind of use of the Platform to which such disclosures relate. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all disclosures relevant to transactions that occurred while you were a User have been made.

Additionally, you shall keep us informed of any change in your email so that you can continue to receive all disclosures in a timely manner. If your registered e-mail address changes, you must notify us of the change by updating them on the Platform. If you are acting on behalf of a business entity, you shall keep us informed of any change to your e-mail address, telephone number and primary business address, as well as any other relevant information like, e.g., the opening of an insolvency or bankruptcy procedure. Otherwise, we shall consider all information you have provided when registering as valid and actual.



  1. Terms Applicable to Individual Users

In consideration of your use of the Platform, you agree to:

(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Platform or otherwise requested by ultraproffie.com ("Registration Data");

(b) maintain the security of your password and identification;

(c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete;

(d) promptly notify ultraproffie.com regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Platform or the terms on which you use the Platform; and

(e) be fully responsible for all use of your account and for any actions that take place using your account.



  1. Terms Applicable to Users Acting on behalf of an organization

Access to the Platform for Users that are businesses, other entities or persons acting on behalf of such businesses or organizations is intended solely for authorized representatives of businesses or other entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such businesses or entities to act in furtherance of the business or entity's use of the Platform.

By using the Platform on behalf of a business or other entity, you represent and warrant that you are duly authorized in accordance with the foregoing by the organization or other entity on behalf of which you are acting, that you have the power and authority to enter into binding agreements on behalf of the organization or entity or in the capacity in which you are acting, and that the organization or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge.

Furthermore, you confirm that you agree to all of the terms and conditions of these Terms of Use individually and on behalf of such organization or other entity, and represent and warrant that you and such organization or other entity will abide by all of the terms and conditions of these Terms of Use. If you, the business or entity, any other person acting on behalf of the business or entity or any guarantor (if applicable) violate any of these Terms of Use, or otherwise violate an agreement between the organization or entity (or, if applicable, any guarantor) and the Company, the Company may terminate the business or entity's membership, delete any associated profile and any content or information posted on the Platform in connection with the organization or entity's membership and/or prohibit you, such business or entity and any other person acting on the organization or entity's behalf from using or accessing the Platform (or any portion, aspect or feature of the Platform), at any time in its sole discretion, with or without notice.



  1. Additional Representations: Organizations and Other Entity Users

You, the User, hereby confirm on behalf of the business or entity member, you further agree, both individually and on behalf of the business or entity, not to use the Service or the Platform to:

You also represent and warrant that if you are acting as a natural person on behalf of one or more businesses or other entities and have at the same time two or more accounts, including a personal account, you shall act in full avoidance of any conflict of interest and shall, in case of failing to do so, bear the whole responsibility in relation to the businesses or entities on whose behalf you registered on the Platform and acted.

Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:





  1. REGISTRATION DATA. ACCOUNT SECURITY

In consideration of your use of the Platform on behalf of a business or other entity member, you, individually and on behalf of such business or entity, agree to

(a) provide accurate, current and complete information about the business or entity, yourself and any other principals and/or authorized representatives of the business or entity member as may be prompted by any registration forms on the Platform or otherwise requested by the Company ("Registration Data"), including the business or entity's full legal name;

(b) provide such materials as the Company may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity's legal existence, good standing in any jurisdiction and eligibility to use the Platform;

(c) maintain the security of any password and identification issued for use by or on behalf of the business or entity;

(d) maintain and promptly update the Registration Data, and any other information provided to the Company by you or anyone else acting on behalf of the business or entity, to keep it accurate, current and complete;

(e) promptly notify the Company regarding any material changes to information or circumstances impacting the business or entity's legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility for continued use of the Platform; and

(f) be fully responsible for all use of any accounts opened on behalf of the organization or entity and for any actions that take place using such account.

  1. INTELLECTUAL PROPERTY INFRINGEMENT

We will terminate the accounts of users who repeatedly infringe intellectual property and reserve the right to take down any Content that we conclude, in our sole discretion, may infringe third party rights.

  1. SUBMISSIONS

You acknowledge and agree that except for Licensed content, any questions, comments, suggestions, challenges, likes, feedback or other information about the Platform ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. However, this provision does not affect the confidentiality of the information related to the ideas, innovations, inventions and other user content and the intellectual property rights regarding them.



  1. LINKS TO OTHER WEBSITES

The Platform contains (or you may be sent through the Platform) links to other web sites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content").

Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.



  1. PRIVACY

Please review carefully the Platform's Privacy Policy. By using the Platform, you are consenting to the Privacy Policy and agree to have your personal data transferred to and processed in Romania.

  1. DISCLAIMERS

None of Company's, its parent, any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "ultraproffie.com Parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the ultraproffie.com Parties disclaim liability for errors or omissions in the Content. Moreover, ultraproffie.com is not responsible for the truthfulness and originality of the Content uploaded and/or posted by any User, who will be the sole bearer of liability in case of uploading and/or posting of any Content that is false, copied or used without the consent of its true proprietor. Any User who was deceived or harmed in any way by such means agrees not to sue any ultraproffie.com party for any damage occurred to him/it.

This Platform and all of the Content is provided "as is" and "as available," without any guarantee, either express or implied, including the implied guarantees of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no guarantees as to the results of your use of the content.

The Company does not guarantee the accuracy of any User content or Third Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Platform or in connection with any User content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Platform. The Company cannot guarantee and does not promise any specific results from use of the Platform.

The Platform may be temporarily unavailable from time to time for maintenance or other reasons. ultraproffie.com will not be liable for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. ultraproffie.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Platform.

Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any user content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone's use of the Platform, any user content or Third Party Content posted on or through the Platform or transmitted to Users, or any interactions between Users of the Platform, whether online or offline.

ultraproffie.com reserves the right to change any and all content contained in the Platform and any services offered through the Platform at any time without notice.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

ultraproffie.com is not responsible for any damages inflicted upon the Users by third party actions of any kind, including but not limited to hacking accounts by a person who is or is not registered as a User of ultraproffie.com.



  1. TERMINATION

By using the Service, you do not acquire any rights to the Service other than a license to use it that can be terminated in accordance with this section. You agree that ultraproffie.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, non-payment, for lack of use, or if ultraproffie.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ultraproffie.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ultraproffie.com may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ultraproffie.com shall not be liable to you or any third-party for any termination of your access to the Service.



  1. LIMITATION ON LIABILITY

IN NO EVENT SHALL COMPANY (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF, OR INABILITY TO USE, THE SITES OR SERVICES OR THIRD-PARTY SITES & ADS OR APIS EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES AND SERVICES AND APIS AND OTHER CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE.

  1. INDEMNITY



You agree to indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of

(a) your use of the Sites or Services;

(b) your User Content;

(c) your violation of these Terms of Service; or

(d) your violation of applicable laws or regulations;

(e) or your use of any APIs. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.



  1. GOVERNING LAW, VENUE AND JURISDICTION

By accessing (visiting or using) the Platform, you agree that the national laws of Romania and the international laws, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern all general and specific Terms of Use, our Privacy Policy, the contracts to be concluded between sellers and buyers, the mediation procedure and any other legal questions arising from the use of this Platform and its services.

Any litigation in relation to the use of this Platform and its services, arising between the Company and any professional user, business or entity shall be submitted to the Court of Arbitration of the Chamber of Commerce, Industry and Agriculture of Timisoara/Romania.

The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance, to the extent in which such a right may be exercised according to relevant Romanian law.

If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.