THE ULIVERSE STORE POLICY
Privacy & Safety
At Uliverse, LLC, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by Uliverse, LLC. This policy explains our privacy practices for theuliverse.com (which we’ll refer to as the "Site"), Pattern by Etsy, Etsy Payments, Uliverse, LLC public Application Program Interface (the “API”), and our other services provided by Uliverse, LLC ("Uliverse, LLC," together with "we," "us," and "our"). We'll refer to the Site, the Apps, Pattern by Uliverse, LLC, Uliverse, LLC Payments, the API, and our other services as the "Services." If you are located outside of North America and South America, Uliverse, LLC is the data controller and is responsible for your personal information. This policy does not apply to the practices of third parties who may also collect or receive data in connection with your use of the Services.
By using the Services, you acknowledge that Uliverse, LLC will use your information in the United States and any other country where Uliverse, LLC operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections. Please read on to learn more about how we protect personal information that’s transferred outside of the US and Europe.
2. Information Collected or Received
In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services.
Registration, Account Setup, Service Usage: In order to use the Services, you need to provide us with a valid email address, and for Services that require registration, a name associated with your account that you can choose to represent your identity on theuliverse.com . You need to provide this information to enable us to provide you with the Services. Additional information, such as billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on the Site for delivery. In addition, as a user of Uliverse, LLC's services Uliverse, LLC may require this information from you in order to provide you with services (including, for example, to verify ownership of an account, to mitigate fraud and abuse on the platform, or to complete a transaction). Depending on your local jurisdiction, you can also choose to allow us to save your credit card information to facilitate the checkout process for future purchases. If you're an Uliverse, LLC buyer in the EEA, which comprises the EU, Norway, Iceland, and Liechtenstein, you may be asked to authenticate your payment when you place your order. To authenticate a payment, you will need to respond to a prompt from your card issuer and provide additional information. Depending on your card issuer, this additional information may include a correct response to a question, a password, or a passcode.
Profile: You may provide your name and other personal information (such as birthday, gender, location) in connection with your account and activity. You can edit or remove this information through your account settings.
Automated Information: Uliverse, LLC automatically receives and records information from your browser or your mobile device when you visit the Site or use the Apps or use certain other Services, such as your IP address or unique device identifier, cookies, and data about which pages you visit and how you interact with those pages in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. Uliverse, LLC may also receive similar information (like, for example, IP addresses and actions taken on the device) provided by a connected Internet of Things device such as a voice-activated assistant or Smart TV. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy and “Information Uses, Sharing, & Disclosure” section below.
Location Information: We may collect information about your use of the Services for advertising, for analytics, to serve content, and to protect the Services. This may include your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). When you use the Apps, you may choose to share your geolocation details with Uliverse, LLC in order to use functions like our local marketplace, maps, and for in-person sales (although you don't need to share these details).
We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as precise location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for Uliverse, LLC's internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for shipping and mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on the Apps or on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the site to function. We will only share your geolocation details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services.
Analytics Information: We use data analytics to ensure site functionality and improve the Services. In addition to web analytics, we use mobile analytics software to allow us to understand the functionality of the Apps on your phone. This software may record information such as how often you use the Apps, what happens within the Apps, aggregated usage, performance data, app errors and debugging information, and where the Apps were downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application. For more information, see Uliverse, LLC's Cookies and Similar Technologies Policy and Disclosures.
Information from Third Parties: Some members or visitors may choose to connect to theuliverse.com or register an Uliverse, LLC account using an external third-party application, such as Facebook, or an app developed using Uliverse, LLC's API. Uliverse, LLC may receive information from those connected third-party applications. Connecting your Uliverse, LLC account to third-party applications or services is optional. If you choose to connect your account to a third-party application, Uliverse, LLC may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you.
Non-Member Information: Uliverse, LLC may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered theuliverse.com member (a “non-member”) in connection with certain Uliverse, LLC feature. Non-member information is used only for the purposes disclosed when it was submitted to Uliverse, LLC, for purposes necessary to the functioning of Uliverse, LLC's services or where Uliverse, LLC has a legitimate interest, as disclosed in Section 7 below, or to facilitate action authorized by a member or the non-member.
3. Choice & Control
Depending on your location, you may have certain rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to Uliverse, LLC, via email); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have Uliverse, LLC delete your personal information, except information we are required to retain by law, regulation, or to protect the safety, security, and integrity of Uliverse, LLC, by contacting us); and/or, (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask Uliverse, LLC to stop processing your personal data, with some exceptions, by contacting us).
Uliverse, LLC may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members and costumers (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from Uliverse, LLC” section of this policy.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may require it via email.
Many changes that you make to your account settings are updated immediately, but some may take a few days to take effect, particularly those that impact email or marketing preferences. Some major requests, such as changes to billing information or account data deletion, may require verification of identity before they can be processed.
You may choose to connect directly with your email service provider, your mobile device’s address book, or a social network account to import your contacts to theuliverse.com. We do not retain the login information for your email service, mobile device, or social network site. You may be able to search for people you know by email address or phone number on the Site or by connecting to your mobile device’s contact list through the Apps.
5. Messages from Uliverse, LLC
On occasion, Uliverse, LLC may need to contact you. Primarily, these messages are delivered by email, Uliverse, LLC Messages, or by push notifications for a variety of reasons, including marketing, transactions, and service update purposes. If you no longer wish to receive push notifications, you can disable them at device level. You can opt out of receiving marketing communications via email or Messages in your account settings or by following the unsubscribe link in any marketing email you receive. To ensure you properly receive notifications, we will need to collect certain information about your device, such as operating system and user identification information. Every account is required to keep a valid email address on file to receive messages. Uliverse, LLC may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent, Uliverse, LLC may send you an SMS (or similar) message in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact preferences in your account settings.
Some messages from Uliverse, LLC are service-related and necessary for members and Guest Checkout users. You agree that Uliverse, LLC can send you non-marketing emails, theuliverse.com Messages, or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying Messages with buyers, and correspondence with Uliverse, LLC’s Support team.
When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number such as for a Guest Checkout purchase, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages. Please note that some changes to your account settings may take a few days to take effect.
6. Information Uses, Sharing, & Disclosure
We respect your privacy. Uliverse, LLC will not disclose your name, email address, or other personal information to third parties without your consent, except as specified in this policy.
Please note that some changes to your privacy settings may take a few days to take effect.
When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
You have consented to the processing, which you can revoke at any time;
Necessary to comply with a legal obligation, a court order, or to exercise or defend any impending or asserted legal claims;
Necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;
You have expressly made the information public;
Necessary in the public interest; and
Occasionally necessary to protect your vital interests or those of others.
Note that we principally rely on consent (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes.
We rely on consent for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match.
Where we process your information on the basis of legitimate interests, we do so as follows:
Providing and Improving our Services: We may use your information to improve and customize our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users, and obtaining insights into usage patterns of our Services. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases.
Keeping our Services Safe and Secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services. This includes enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind.
We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, and for general research and aggregate reporting.
We may learn the sorts of products that you’re interested in from your browsing and purchasing behavior on (and off) the Site or Apps and suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customizing your on-site experience to help you search for and discover relevant items and recommended purchases.
If Uliverse, LLC receives a lawful, verified request for a costumer's records or information in one of the limited circumstances described in the previous paragraph, Uliverse, LLC may disclose personal information, which may include, but may not be limited to, a costumer's name, address, phone number, email address, and company name. Find out more about how Uliverse, LLC responds to requests for records or information about members of Uliverse, LLC’s community in our Requests for Information Policy.
Aggregated Information: Uliverse, LLC may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.
Service Providers: Uliverse, LLC also needs to engage third-party companies and individuals (such as research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to Uliverse, LLC not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.
If you provide your information to such third parties in connection with your use of the Services, different practices may apply to the use or disclosure of the information that you provide to them. While Uliverse, LLC requires these third parties to follow Uliverse, LLC’s privacy and security requirements, Uliverse, LLC does not control the privacy or security policies of such third parties. To the full extent applicable in your jurisdiction, Uliverse, LLC is not responsible for the privacy or security practices of these sellers, API users, or other websites on the internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers, third party providers, and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.
The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.
To the extent that Uliverse, LLC is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:
The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing email@example.com.
Uliverse, LLC does not participate in Privacy Shield at this time.
Necessary for the Performance of the Contract between Uliverse, LLC and its Costumers
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org
Uliverse, LLC encrypts certain information (such as credit card numbers) using TLS (transport layer security). Uliverse, LLC follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
Uliverse, LLC will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Uliverse, LLC member account), as described in this policy, or as needed to provide the Services to you. If you no longer want Uliverse, LLC to use your information to provide the Services to you, you may close your account. Uliverse, LLC will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
10. Your Rights
You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, Uliverse, LLC will provide you with information about whether we hold any of your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. Please ensure you've read the options you have under the "Choice & Control" section above. If you need further assistance, you can contact Uliverse, LLC through one of the channels listed below under “Contact.” We will respond to your request within a reasonable timeframe.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings. Please note that some changes to your account settings may take a few days to take effect.
11. Your Responsibilities
12. Withdrawing Consent
You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by using specific features provided to enable you to withdraw consent, like an email unsubscribe link. If your account does not have any open issues such as unpaid bills, unfulfilled orders, unresolved cases, or policy violations, you will receive an email with instructions to confirm your deletion request. This process may take up to approximately four weeks after which your account will be deleted to the extent permitted. Depending on which of our Services you've used (such as whether you've made purchases or sales on Uliverse, LLC), we may be required to retain certain information for legal, regulatory, tax, security, or compliance reasons for a limited period of time, after which it will be deleted. This deletion is permanent, and your account cannot be reinstated.
We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.
If you have any questions:
Contact Uliverse, LLC's Support team email@example.com
Write to us at one of the following address:
3411 30th Street West
Bradenton, FL 34205, USA
If you live in the EEA, you may also file a complaint with your local data protection regulator.
Last updated on Dec 30, 2019
1. Accepting These Terms
The Terms are a legally binding contract between you and Uliverse, LLC. If you live in North America or South America, the contract is between you and Uliverse, LLC.; if you live elsewhere, the contract is between you and Uliverse, LLC. We’ll just refer to Uliverse, LLC. and all of its subsidiaries collectively as “Uliverse.”
Please note that Section 8. Disputes with Uliverse, LLC, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use theuliverse.com, Pattern by Uliverse, LLC, our mobile apps, and the other services provided by Uliverse, LLC (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!
2. Those Other Documents We Mentioned
Uliverse, LLC Services connect with people around the world, both online and offline, to sell unique artworks made by the artist. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
Our Rules for Third Parties. These policies apply to intellectual property owners, theuliverse.com API users, affiliates, and anyone requesting information from Uliverse, LLC .
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!
3. Your Privacy
Both Uliverse, LLC and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law.
See Section 6. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Uliverse, LLC.
4. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Uliverse, LLC , another Uliverse, LLC user, or a third party.
B. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “TAX.” In addition, Uliverse, LLC will calculate, collect, and remit sales tax where applicable.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The name "Uliverse, LLC " and the other Uliverse, LLC marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Uliverse, LLC in the US.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Uliverse, LLC are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to Us Online. From time to time, Uliverse, LLC will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
5. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You have 14 days to check and revise your purchase in order to let us know any defective or inconvenience with the item you have purchased. You release Uliverse, LLC from any claims related to items sold through our Services, including for defective items, misrepresentations, or any other issue with a product after the 14 days period for claims or refunds.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. You release us from all liability relating to that content.
Gift Cards and Promotions. You acknowledge that Uliverse, LLC does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
6. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Uliverse, LLC gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Uliverse, LLC (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
7. Disputes with a Third Party
If you find yourself in a dispute with a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Uliverse, LLC will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Uliverse, LLC has no obligation to resolve any disputes.
Release of Uliverse, LLC. You release Uliverse, LLC from any claims, demands, and damages arising out of disputes with other parties.
8. Disputes with Uliverse, LLC
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and Uliverse, LLC agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Uliverse, LLC are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $1,000 USD, Uliverse, LLC will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
D. Forum. We’re based in Florida, so any legal action against Uliverse, LLC related to our Services must be filed and take place in Manatee County, Florida. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Bradenton, Florida, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and Uliverse, LLC agree to submit to the personal jurisdiction of a state or federal court located in Manatee County, Florida if your contract is with Uliverse, LLC.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida.
F. Modifications. If we make any changes to this “Disputes with Uliverse, LLC” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Uliverse, LLC prior to the date the changes became effective. Uliverse, LLC will notify you of substantive changes to the “Disputes with Uliverse, LLC” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Uliverse, LLC a written notification (including email) within those 30 days. By rejecting a modified term, you agree to arbitrate any disputes between you and Uliverse, LLC in accordance with the provisions of this “Disputes with Uliverse, LLC” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
9. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
10. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Uliverse, LLC regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
11. Contact Information
If you have any questions about the Terms, please email us at firstname.lastname@example.org.
Last updated on Dec 30, 2019
WIX Payments allows buyers to use various forms of payments on theuliverse.com. WIX Payments users can pay with and accept payment by credit card and debit card, all in their domestic WIX Payments currencies. This policy explains all of your rights and obligations when using WIX Payments.
We accept alternative payments like: PayPal, and some bank transfer services.
1. Accepting These Terms
WIX Payments Policy (or the “Policy”) sets out your rights and responsibilities when you use WIX Payments on tUliverse, LLC's services (we’ll refer to theuliverse.com and other services as our “Services”), so please read it carefully. By using WIX Payments, you’re agreeing to the Policy.
The Policy is a legally binding contract between you and Uliverse, LLC. If you live in North America or South America, or any other country around the world the contract is between you and Uliverse, LLC.
WIX Payments allows theuliverse.com to (a) accept payment by authorized credit and debit card transactions, some bank transfers services, PayPal, (b) have those funds deposited into Uliverse, LLC's designated bank account.
WIX Payments is only available to sellers who are at least 18 years old who register and are approved for a payment account with Uliverse, LLC.
Buyers may authorize a payment with any major credit or debit card accepted by Uliverse, LLC, by certain bank transfer services, or through PayPal.
3. Uliverse, LLC's Rights and Responsibilities
Uliverse, LLC may refuse service of WIX Payments to anyone, for any reason, at any time.
In the event that a buyer does not make payment for the purchase of a legitimate item sold using Etsy Payments (e.g., where the buyer used a stolen or unauthorized credit card).
Uliverse, LLC will send you any relevant notices regarding your use of WIX Payments in accordance with our Electronic Communications Policy.
No party shall be liable for any default or delay in the performance of its obligations under these Terms if and to the extent such default or delay is caused directly or indirectly by a force majeure event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.