Last Update: April 2022
By accessing and registering with The Ubuntu Creative Arts Project, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and The Ubuntu Creative Arts Project.
Under no circumstances shall The Ubuntu Creative Arts Project team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if The Ubuntu Creative Arts Project team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.
The Ubuntu Creative Arts Project will not be responsible for any outcome that may occur during the usage of our resources. We reserve the right to change or revise the resources usage policy at any moment.
The Ubuntu Creative Arts Project grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly under the terms of this Agreement. These Terms & Conditions are a contract between you and The Ubuntu Creative Arts Project (“we,” “our,’ or “us”) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly under the terms of this Agreement.
Definitions and key terms
For this Terms & Conditions:
- Applicant: refers to the company, organization, or person that signs up to use The Ubuntu Creative Arts Project Service to manage the relationships with your consumers or service users.
- Country: where The Ubuntu Creative Arts Project or the owners/founders of The Ubuntu Creative Arts Project are based, in this case, is Canada/Jamaica.
- Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit The Ubuntu Creative Arts Project and use the services.
- IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
- Personnel; refers to those individuals who are employed by The Ubuntu Creative Arts Project or are under contract to perform a service on behalf of one of the parties.
- Personal Data: Any information that directly. indirectly, or in connection with other information – including a personal identification number – allows for the identification or identifiability of a natural person.
- Service: refers to the service provided by The Ubuntu Creative Arts Project as described in the relative terms (if available) and on this platform.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose or services we think may interest you.
- Website: The Ubuntu Creative Arts Project’s site, which can be accessed via this URL: https://theucap.org.
- You: a person, an applicant or entity that is registered with The Ubuntu Creative Arts Project to use the services.
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the service.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers, or the licensors of the service.
If you pay for any of our one-time payment plans, you agree to pay all fees or charges to your account for the Services under the fees, charges, and billing terms in effect at the time that each fee or charge is due and payable. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities concerning your Payment Provider. By providing us with your credit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrators. Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and us for the Services until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Services.
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to us concerning the Service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our service, registering an account, you hereby consent to our Terms & Conditions.
Passwords and Access
You may have chosen or been issued a username and password under https://theucap.org username and password standards as part of the Site’s membership procedure. You agree that you are the only person who has permission to use your username or password to access the site and that you will not allow anyone to use your username or password.
You agree that all activities conducted at or via the Site by you, or any other user who uses your username and password to access the Site, shall be ascribed to and legally bind you, even if the user had no actual authority or committed an error. You accept full responsibility for any liability arising from your or others’ use of the Site and any services offered on it under your username or password. Please contact us here if you forget your account or password.
Links to Other Websites
Our service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the Terms & Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms & Conditions, or practices of any third-party sites or services.
Changes To Our Terms & Conditions
You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or users generally at our sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials which are contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to Our service
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to you.
Updates to Our service
We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (li) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications, and other services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties terms and conditions.
Limitation of Use
The actions listed below are not permitted. You agree not to:
a. Use Web-accelerated browsers or programs (such as NetJet, NetSonic, MSIECrawler, and Teleport-Pro), or other software capable of copying huge parts of the Site’s content. The Ubuntu Creative Arts Project can detect the usage of these systems through live logfile analysis, and offenders will be barred from using them in the future.
b. Make use of robots, crawlers, or similar technologies without adhering to the robot rules. We can recognize robots that are breaking the rules, and we will ban any violators. If you’re checking The Ubuntu Creative Arts Project links with a robot/crawler, make sure it follows the robot standards (see above). Allow at least 1 minute between automated inquiries and do not leave new robots unsupervised.
c. Interfere or try to interfere with any Site feature with any device, program, procedure, or the like;
d. Take any activity that places an excessively large or unreasonable demand on the Site’s infrastructure;
e. Use any email addresses found on the Site for purposes other than those directly related to the Site;
f. Use any method other than the https://theucap.org interface to access the Site, or attempt to access any portion of the Site to which you are not permitted; or
g. Attempt to reverse engineer, reverse assemble, or otherwise uncover any source code linked to the Site unless such conduct is specifically authorized by relevant law notwithstanding this restriction.
Term and Termination
This Agreement shall remain in effect until terminated by you or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the service and delete all copies of the service from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Restrictions and Copyright
This website contains The Ubuntu Creative Arts Project’s proprietary content (or material that other sources have licensed to The Ubuntu Creative Arts Project for use) that is protected by copyright and other proprietary rights laws. The Ubuntu Creative Arts Project owns all rights to the material and media, including (but not limited to) all copyright and other intellectual rights in all media across the world. Except as specifically authorized by this Agreement and Canadian/Jamaican copyright laws, you may not use The Ubuntu Creative Arts Project. It is explicitly forbidden to redistribute any portion of the items licensed herein on a regular and/or systematic basis.
End users who have been given permission may access The Ubuntu Creative Arts Project for personal use, which includes viewing the information on a computer screen, downloading small portions of the information to a computer disc for later reference, and printing paper copies of small portions for personal use only.
The rights provided here are an extension of those granted by the Copyright Act, and they do not include the right to reproduce any portion of the information or materials included therein in its entirety. Without The Ubuntu Creative Arts Project’s prior written permission, no part of the information may be replicated in any medium or format outside the precise limits of this Agreement.
Any use not permitted under the Agreement is forbidden and does not qualify as fair use under Canadian/Jamaican copyright laws.
You acknowledge that the information (and the licensed materials contained therein) is highly confidential and that unauthorized copying, transfer, or use may result in irreparable harm to THE UBUNTU CREATIVE ARTS PROJECT and/or THE UBUNTU CREATIVE ARTS PROJECT’S resources, which cannot be adequately compensated through monetary damages. You acknowledge that any breach of this clause by you, or any subscriber or end-user, may be enforced by The Ubuntu Creative Arts Project and/or any of The Ubuntu Creative Arts Project providers, in addition to any other applicable rights and remedies, through equitable action (including, but not limited to, injunctive relief).
You agree that any provider of any portion of the licensed contents, even if such supplier is not a party to the Agreement, may assert its rights against you.
You may not, and you may not allow others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner that may infringe on The Ubuntu Creative Arts Project’s copyright or proprietary interests; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer, or assign the information or Agreement. Unauthorized reproduction, transmission, and/or usage may be a crime as well as a civil offense.
Without written permission from The Ubuntu Creative Arts Project, you are expressly prohibited from placing or installing any portion of the information on any electronic media, including but not limited to local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites, or any other server that is Internet-enabled.
The Ubuntu Creative Arts Project may, in addition to any other legal rights and remedies, immediately terminate this Agreement and all licenses granted herein if you break any provision of this Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our behalf and behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither we nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or included thereon; (ii) that the service will be uninterrupted or error-free; (ill) as to the accuracy, reliability, or currency of any information or content provided through the service: or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is a material, we will provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service.
The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and allow you to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Our platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by us, its licensors, or other providers of such material and are protected by Canada/Jamaica and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ‘S INTELLECTUAL PROPERTY RIGHTS
The term “dispute” means any dispute, action, or other controversies between you and us concerning the Services or this agreement whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or we may commence arbitration.
If you and us don’t resolve any Dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration under the commercial arbitration rules of the Canadian or Jamaican Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
If you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations concerning such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing manufacturing, and marketing and services using such ideas.
We may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Don’t hesitate to contact us if you have any questions.
Via Email: [email protected]
Via this Link: https://theucap.org