Terms of Service – UCapture.com

Terms of Service

UCapture Terms of Service

 

PLEASE READ THE FOLLOWING LEGAL INFORMATION (THE “AGREEMENT” OR “TERMS”) CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.

 

 

(Last updated March 30, 2017)

 

About Us: UCapture LLC (“UCapture”) maintains this Website, www.ucapture.com (the “Website”) as a service to the individual visitors and Members (“Membership” defined below) of the UCapture Service (collectively, “Users”), not our Advertisers, sponsors, affiliates or any entities related to our environmental cause.

 

UCapture presents a wide range of online and in-person merchants and retailers (collectively, “Advertisers”) to our Users through the Website, an optional internet browser extension (the “Extension”), an optional mobile application (the “App”) as well as in-person marketing. (“Software” refers to the Website, App and Extension, individually and collectively.) When permitted by the terms of our relationship with an Advertiser, UCapture will use a portion of the commissions generated by Users’ Qualifying Activity (defined below) with an Advertiser to reduce global greenhouse gas emissions by purchasing verified Carbon Offsets from third-party providers (collectively, with the Software and In-Person Activities (defined below), the “UCapture Service” or the “Service.”)  UCapture retains a portion of fees received by Advertisers in order to operate the Service.

 

Membership: Enrolling as a Member allows UCapture to credit the Member’s account for offsetting their “carbon footprint”. Members may be individuals or organizations.  All UCapture Members must be at least 13 years old.  Membership is not transferable and passwords shall be kept private.  UCapture reserves the right to refuse any User, Member or Advertiser.

 

Changes and Suspension of Use: UCapture may at any time and without prior notice:

  • edit, delete, modify, suspend or discontinue any feature, aspect, product or service comprising, or available through, this Website at any time
  • suspend your use of or access to all or part of the UCapture Service.

 

Offer Terms: Advertisers dictate the requirements for a Member’s activity to qualify for Carbon Offsets. UCapture attempts to present an accurate description of an Advertisers’ Offer Terms on www.ucapture.com and through the UCapture Extension. However, Advertisers’ Offer Terms are subject to change without notice.

 

“Qualifying Activity”: In order to receive credit for Carbon Offsets, meaning UCapture permanently retiring verified Carbon Offsets in your name, measured by the pound (“Credits”), Members must:

 

For online  Advertisers: (1) be signed in to their account prior to utilizing the UCapture Service; (2) access an Advertiser through either (a) a link hosted on www.ucapture.com  (the “Shop”) or the App, or (b) by having the Extension installed and active on the Member’s internet browser; and (3) comply with the Offer Terms of the Advertiser;

 

For in-person Advertisers: comply with the Offer Terms and instructions provided by the in-person Advertiser (see definition of Qualifying In-Person Activity below).

 

Members may only receive Credits for activity completed by accessing an Advertiser through the UCapture Service, as described above.  Credit cannot be obtained by links to Advertisers posted by publishers other than UCapture. Credits credited are always subject to Advertiser’s own policies which may impact UCapture’s rights on a case by case basis.

 

“Qualifying In-Person Activity”: UCapture works with local Advertisers to provide opportunities to earn Credits by completing Qualifying Activity in-person in accordance with the promotional terms posted or informed by the local Advertiser.  Refer to the specific promotional terms for each In-Person Activity for more information, including service charges and refund policies. UCapture is merely an intermediary and does not host or operate any In-Person Activity, so please contact the responsible Advertiser for more information about any such transaction.

 

Whether or not the Extension is installed, Members may earn credits by accessing Advertisers via the Software or following the Advertiser’s procedures for recording Qualifying In-Person Activity.  Members understand that UCapture will collect commissions from Members’ Qualifying Activity and (where permitted  by the terms of the relevant Advertiser) use a portion of those commissions to purchase Carbon Offsets, subject to the following conditions: (1) Actual purchase of Carbon Offsets and the posting of credit to a Member’s account is contingent on the Member not canceling, returning or voiding the Qualifying Activity that led to the commission, or taking any other action that may result in the cancellation or reversal of any commission earned by UCapture and (2) actual purchase of Carbon Offsets and the posting of credit to a Member’s account is contingent the actual payment of the commission from the Advertiser.

 

Offer Terms are an estimate of the amount of Carbon Offsets that will be credited as a result of any Qualifying Activity. The estimated amount will be posted on UCapture and will be displayed by the Extension when visiting an Advertiser, and may, or may not, be communicated by a local Advertiser at an In-Person Activity. This amount may vary from time to time, but shall never change retroactively. Carbon Offsets represent the permanent reduction of greenhouse gas emissions, thus credits earned remain valid even after the Member or feature is terminated from the Service.

 

UCapture is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Members will not receive Credits posted to their account for visits to Amazon.com.

 

Registration Bonus: In certain circumstances, UCapture may credit a registration or sign-up bonus to a Member’s account upon initial account creation.  Members will only retain that portion of their Registration Bonus that is matched by an equal amount of Credits earned through any Qualifying Activity within the first 12 months after sign-up.

 

Privacy: To know what privacy measures UCapture has taken and what information we retain from your visit to this Website, please read our Privacy Policy, which is incorporated herein by reference.  Members are required to confirm they have read and accept UCapture’s Privacy Policy upon account creation.

 

Notice: Official notice to Members may be made by posting information on the UCapture website or via email. Members may give notice to UCapture by emailing info@ucapture.com.

 

Compliance: Users are fully responsible for compliance with all federal, state, local and/or foreign laws, as well as rules and regulations applicable to the use of this Website and the information, content, material and services contained herein.  By using the Website, you represent that you will comply with the guidelines set forth below.

 

All of a Member’s activity, including but not limited to any earning of Credits, may be disqualified, at UCapture’s discretion, if the Member attempts to: (1) disrupt the Service or violate this Agreement; (2) create inauthentic memberships or transactions through automated means or otherwise; (3) provide false information to UCapture; (4) redirect transactions from UCapture; or (5) use automated querying, bots, repetitive searching or other technological steps harmful to the operation of the Service.  The items above are provided as examples of unacceptable and prohibited usages, and are not meant to be exhaustive or exclusive.

 

UCapture reserves all rights to remedy any such actions and disruption or circumvention in its discretion, with or without notice.

 

License Grant: UCapture grants you a non-exclusive license to use the Service solely for personal, noncommercial use. UCapture reserves the right to add additional features to the Software (including, without limitation the Website, App and/or Extension) at any time. UCapture may require a Software update from time to time when new features are available, which may occur automatically when you use any part of the UCapture Service.  UCapture is not obligated to support the Software and may suspend or terminate this license and disable all or part of the Software at any time without notice.

 

Restrictions: You may not modify the Software in any way. You may not reverse-engineer, decompile, disassemble or otherwise attempt to derive the source code of the Software for any reason. You may not rent, sell, lease, sublicense, distribute, assign, copy or in any way transfer the Software. All rights not expressly granted in this Agreement are reserved to UCapture.  Nothing in this Agreement shall require UCapture to provide Members with support or fixes to any bug, failure, malfunction or other defect in the Software.

 

UCapture Content: “UCapture,” the UCapture logo, page headers, scripts, logos and button icons are either registered trademarks, trademarks, trade names, service marks or otherwise protected property of UCapture and may not be used, copied or imitated without the prior written consent of UCapture.  UCapture retains and reserves all copyright and related rights in and to this Website, the Software and all content.  The reproduction, distribution, transmission, display or use of this Website and any content is prohibited without the prior written consent of UCapture.

 

Third Party Content: You should be aware that content presented to you as part of UCapture, including but not limited to advertisements and sponsored content, may be protected by intellectual property rights which are owned by the Advertisers who provide that content to UCapture (or by other persons or companies on their behalf). The reproduction, distribution, transmission, display or use of such content is prohibited without the prior written consent of the owner.

 

UCapture is not an agent or partner of any Advertiser and all Advertisers operate independently of, and are not under any control of UCapture with respect to the Service or otherwise.  We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by UCapture.  Inclusion of any linked website or Advertiser on this Website or through In-Person Activity marketing does not imply approval or endorsement of the linked website Advertiser or In-Person Activity by UCapture.  When you access third-party sites or visit in-person Advertisers, you do so at your own risk.  You agree that you are solely responsible for (and that UCapture has no responsibility to you or to any third party for) any content that you create, transmit or display while using this service and for the consequences of your actions (including any loss or damage which you or UCapture may suffer) by doing so.

 

Before visiting a third party website by means of the Website or a link located on the Website, visitors should review the third party website’s terms and conditions, privacy policy and all other website documents, and inform themselves of the regulations, policies and practices of such third party websites.

 

You assume all risks associated with dealing with others with whom you come in contact through the Services and any In-Person Activity. Always use caution and common sense.

 

LIMITED LIABILITY: THIS SERVICE IS PROVIDED “AS IS,” AND “AS AVAILABLE.”  UCAPTURE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, NEITHER ON BEHALF OF ITSELF NOR ON BEHALF OF ANY ADVERTISER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CONCERNING THE OPERATION OR USE OF THIS SERVICE, THE SOFTWARE, THE CONTENT AND THE PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SERVICE.  UCAPTURE DOES NOT WARRANT THAT THIS SERVICE WILL BE AVAILABLE AT ALL TIMES OR THAT A USER’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

 

UCAPTURE AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY USERS OR THIRD PARTIES.  UCAPTURE DOES NOT VERIFY THE ACCURACY OF INFORMATION PROVIDED ON AN ADVERTISER SITE. RELIANCE ON SUCH INFORMATION IS DONE AT USER’S SOLE RISK AND LIABILITY AND UCAPTURE WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING IN ANY WAY ANY TRANSACTION BETWEEN USERS AND ADVERTISERS.

 

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE APP OR EXTENSION.

 

UCAPTURE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SERVICE AND OTHER CONTENT COMPRISING THIS SERVICE SUPPLIED BY THIRD PARTIES.

 

ADVERTISERS ARE SOLELY RESPONSIBLE FOR THE PRODUCTS AND SERVICES THEY OFFER, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY AND AVAILABILITY. UCAPTURE DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY AN ADVERTISER THROUGH THE SERVICE OR ANY LINKED SITE, OR FEATURED IN ADVERTISING ON THE SERVICE.

 

UCAPTURE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR DAMAGES SUFFERED AS A RESULT OF (1) UNAVAILABILITY, ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (2) QUALITY OF PRODUCTS AND SERVICES OFFERED BY ADVERTISERS; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICE AND/OR IN-PERSON ACTIVITY; (4) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (5) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE INCLUDING BY OTHER USERS.

 

IN NO EVENT SHALL UCAPTURE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR (1) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY OF THE ABOVE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UCAPTURE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (a) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, IN-PERSON ADVERTISERS; (b) ANY CHANGES WHICH UCAPTURE MAY MAKE TO THE SERVICES; (c) FOR ANY CESSATION  (PERMANENT OR TEMPORARY) IN THE PROVISION OF THE SERVICES OR FEATURES; (d) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (e) YOUR FAILURE TO PROVIDE ACCURATE ACCOUNT INFORMATION TO UCAPTURE; AND (f) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT INFORMATION SECURE.

 

IN JURISDICTIONS WHERE PERMITTED, UCAPTURE’S SOLE LIABILITY TO YOU UNDER THESE TERMS FOR DIRECT DAMAGES SHALL BE LIMITED TO $100.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnity: You agree to indemnify, defend and hold UCapture and its shareholders, officers, directors, employees, agents and affiliates harmless from any damages, liability, loss, claim, demand and expense, including reasonable attorneys’ fees, related to your use of the Website and the Services and/or any breach of your representations and warranties set forth above.

 

General Provisions

  1. This Agreement (and the other UCapture agreements referenced above) constitutes the entire and only agreement between you and UCapture and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
  2. The Parties’ rights and obligations under sections intended by their nature to survive including, without limitation, payment, intellectual property, limits on warranties and liability, indemnity, termination and choice of law provisions shall survive the termination or expiration of this Agreement.
  3. If any provision of this Agreement is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
  4. You agree that all notices, disclosures and other communications that UCapture provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.
  5. This Agreement and the rights granted and obligations undertaken hereunder may not be assigned, transferred or delegated in any manner by User, but may be freely assigned, transferred or delegated by UCapture.
  6. This Agreement shall be interpreted and enforced in accordance with applicable federal law and the laws of the State of New York, without regard to any principles of conflict of laws, and venue and jurisdiction shall be in the courts located within the county of Manhattan, New York. You agree that UCapture may apply for injunctive remedies in any jurisdiction.

 

ACCEPTANCE:

 

I understand that by using this Website, I am subject to the terms and conditions set forth herein and I accept and agree to be bound by all such terms and conditions.

 

If you do not agree to the terms and conditions herein, YOU MAY NOT use this Website and/or the UCapture Services.