Acceptable Use Policy (AUP)
Last updated 4 April 2022
This Acceptable Use Policy (“AUP”) describes the acceptable use of, and access to, our Products (including any Mobile Apps) and Social Media Groups, (whether provided directly or through another party) by UBX Global Limited, doing business as UBX, 3rd Floor 207 Regent Street, London, England, W1B 3HH, United Kingdom (UBX, UBX Training, we, us).
Agreeing to this AUP: By accessing or using the Products and Social Media Groups (as defined below), the Customer agrees to the terms of this AUP and will be held responsible for any violations of this Policy. Without your agreement to comply with this AUP, we cannot provide or make the Products available to you. Use of all of our Products shall also be subject to our Terms of Service (of which this AUP forms a part), and any other related policies listed on the Legal pages of our website.
Keep a copy: We recommend that you print a copy of these terms for future reference.
Definitions: Unless otherwise defined, all terms used within this AUP have the following meanings:
- Customer:A member, user, or their representative who may (or may not in the case of a guest user) have an agreement with UBX for the use and/or purchase of our Products and Social Media Groups or a user of a free trial version of one of our Products or apps (including members and users who are employees, contractors or customers of our franchisees).
- Products: UBX Apps, digital products, and services, including 'Light/Free' editions of our apps, additional products purchased, and any modified, updated or enhanced versions of such products and services that we may make available and our websites (including all use of any digital account you may have with us).
- Social Media Groups: UBX Facebook, Google, Reddit, and other Social Media Groups representing the UBX brands, as well as our individual club groups.
Complying with the AUP: The provisions of this AUP must be complied with in the spirit with which the Products and Social Media Groups are made available to you as a participant of the UBX community, as well as to the letter.
Updating the AUP: We may update this AUP from time to time. If we update or change this AUP, the updated AUP will be posted publicly on our website. You should therefore check this AUP each time before you use our Products and/or Social Media Groups and/or are signing into your UBX digital account in case its terms have changed.
When changes to this AUP are made, the "Updated" date will be changed to reflect the date of the most recent version (“Update Effective Date”). If the Customer objects to any changes, the Customer's sole remedy shall be to cease using our Products and Social Media Groups. Continued use of the Products and/or Social Media Groups following any such changes to our AUP shall indicate the Customer's acknowledgement of such changes and agreement to be bound by the updated AUP.
1. No SPAM Permitted
Customers may not use the Products in any way (directly or indirectly) to send, transmit, handle, distribute or deliver (including posting private or public messages in our apps, Products, or Social Media Groups):
- unsolicited email or communications ("spam" or "spamming") or commercial electronic messages;
- email or communications to an address obtained via Internet harvesting methods or any surreptitious methods (e.g., scraping or harvesting from any of our apps, websites, or Products);
- email to an address that is incomplete, inaccurate and/or not updated for all applicable opt-out notifications; or
- make any unauthorized use of our Products and Social Media Groups, including collecting usernames and/or email addresses of other Customer to send unsolicited emails and communications or creating user accounts under false pretences.
2. Unacceptable Use of our Products (including apps), Social Media Groups and websites
When using our Products and Social Media Groups as a Customer and/or other user, you agree not:
- Breach any applicable local, national or international law or regulation or use our Products and Social Media Groups inconsistently with the spirit and letter of such laws and regulations.
- Use our Products and Social Media Groups for any purpose that is unlawful, illegal or fraudulent or has any unlawful or illegal or fraudulent purpose or effect.
- Use our Products and Social Media Groups for the purpose of harming or attempting to harm minors in any way.
- Access or use our Products and Social Media Groups for any purpose other than that for which we make the Products and Social Media Groups available.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards, as set out in this AUP.
- Access without authority, interfere with, damage, disrupt or steal any part of our Products and Social Media Groups (and any of our, or our licensees, intellectual property within them), any equipment or network on which our Products and/or Social Media Groups are stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.
- Upload any terrorist content.
- Share private or confidential information, including, but not limited to, any person's personal information (e.g. information that may identify another individual).
- Systematically retrieve data or other content from the Products and Social Media Groups to compile a database or directory without written permission from us.
- Use any of our Products and Social Media Groups to advertise, promote or sell goods and services.
- Use the Products and Social Media Groups in connection with any commercial endeavours, except those that are specifically endorsed or approved by us. This includes using the Products and Social Media Groups (and their content) as part of any effort to compete with us or to create a revenue-generating endeavour or other commercial enterprise (except those that are specifically endorsed or approved by us).
- Share content which is driven by your own agenda and priorities (whether this is personal or driven by the organisation you work for).
- Circumvent, disable, or otherwise interfere with security-related features of the Products and Social Media Groups, including features that prevent or restrict the use or copying of any content or enforce limitations on their use.
- Engage in unauthorized framing of or linking to our Products and Social Media Groups.
- Trick, defraud, or mislead us and other Customers, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services, Products and Social Media Groups or submit false reports of abuse or misconduct (including in relation to alleged breaches of this AUP).
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on our sites, API's, and the networks and services connected to our Products and Social Media Groups.
- Attempt to impersonate another Customer or person, or use the username of another user and/or give the impression that any contribution emanates from UBX, if this is not the case.
- Sell or otherwise transfer your profile (e.g. your Clubpass account).
- (Nor attempt to) Rent, lease, decipher, modify, merge, adapt, sub-license, decompile, disassemble, reverse engineer or create derivative works from Products (or any part of them) or any of the software comprising or in any way making up a part of our Products and Social Media Groups Attempt to access any portions of our Products and Social Media Groups that you are restricted from accessing.
- Delete the copyright or other proprietary rights notice from any content.
- Upload or transmit (or attempt to upload or to transmit) viruses, worms, Trojan horses, time- bombs, keystroke loggers, spyware, adware or other material that interferes with any party’s uninterrupted use and enjoyment of the Products and Social Media Groups, or any material that acts as a passive or active information collection or transmission mechanism and that is designed to adversely affect the operation of computer software and/or hardware.
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
3. Using interactive services on our Products and Social Media Groups – Our “Content Standards”
We reserve the right to determine in our sole discretion whether you have broken our Content Standards set out below when you access, use, upload, share and contribute to our Products and Social Media Groups.
In addition to the prohibited activities set out in section 2 of this AUP, when you participate in any private chat, chat room, bulletin boards, video-sharing functionality or interactive live feeds (or other feature which allows you to share contributions and participate) as part of or relating to our Products and Social Media Groups you must:
- Be accurate if you are stating any facts.
- Genuinely hold your own opinions and not misrepresent the opinions of others.
- Not breach any confidentiality obligations (or other legal duty that may be contractual or otherwise).
- Not be in contempt of court.
Any contributions you make (including any comments and communications you submit via our Products and Social Media Groups) also must not:
- Contain any material (nor promote any other material) which could be deemed defamatory, obscene, offensive, profane, racist, violent, hateful, sexually suggestive, explicit or threatening or which constitute(s) racial or sexual harassment, or harassment relating to sexual orientation, religion or belief, nationality, disability, age or any other protected characteristic.
- Contain or promote any illegal content or activity, including child sexual abuse material.
- Include content that relates to and/or promotes the use or sale of illegal or regulated substances, including, but not limited to, tobacco products, ammunition and/or firearms.
- Include content that relates to and/or promotes gambling, including but not limited to, any online casino, sports books, bingo or poker.
- Be obscene, offensive, threatening, abusive, hateful, inflammatory or deceptive (including impersonating any person or misrepresent your identity or affiliation with any person, falsely imply a relationship with us or another company with whom you do not have a relationship or misrepresent experience, skills, or information about you or about another Customer).
- Stalk, bully, insult, upset, intimidate, humiliate, defame, harass, embarrass, alarm, annoy, intimidate, or threaten (including threatening UBX or other Customers with negative feedback) any of our employees, agents, or other Customers nor invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. You must also not use any information you learn from our Products and Social Media Groups for the purposes of any of these offensive behaviours on our sites and Social Media Groups (or via our Products) or otherwise.
- Infringe any copyright, database right or trade mark, privacy, publicity or other personal or proprietary right of any other person nor promote or incite any party to commit, or assist any unlawful or criminal act (e.g copyright infringement or computer misuse).
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or our Products.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Restrict another Customer from using or enjoying our Products and Social Media Groups in any way.
- Encourage or facilitate violations of this AUP or the Terms of Service.
For the avoidance of doubt, with regard to any video content you upload and/or share via our Products and/Social Media Groups in addition to the rest of the terms of this AUP:
- You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
- You must not upload a video containing harmful material.
- You must not upload a video containing advertising, especially (but not limited to) advertising for cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine or for alcoholic drinks or the consumption of alcohol.
Any video (including, subject to the above restriction, any advertising which is incidentally included) you upload must not:
- promote disrespect for human dignity;
- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- promote behaviour which is disrespectful to health and/or safety;
- promote behaviour which is disrespectful to protecting the environment;
- cause physical, mental or moral damage to persons under the age of 18;
- encourage such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- directly encourage such persons to persuade their parents or others to purchase or rent goods or services nor exploit the trust of such persons in parents, teachers or others; or
- unreasonably show such any person in a dangerous situation.
Where applicable, you must use any functionality provided via our Products and Social Media Groups to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
4. We are under no obligation to monitor our Products and Social Media Groups
We are under no obligation to oversee, monitor or moderate any interactive service we provide via our Products, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards.
Please note that the use of any of our Products by a minor is subject to the express consent of their parent or guardian. We advise parents who permit their children to use these Products that it is important that they communicate with their children about their safety online. Minors who are using any of our Products that are interactive services should be made aware of the potential risks to them.
5. Customer Reporting Suspected breaches of this AUP
A Customer can report abuse of this AUP to email@example.com with the subject line: [ATTN: UBX COMPLIANCE]. If the Customer is the recipient of messages sent using the Products or via Social Media Groups that Customer knows or suspect are sent in violation of this AUP, we encourage Customers to report this to us by sending us an unaltered copy of a received communication, screenshot or identifying the place where the contribution was last seen.
6. Your breach of this AUP
If we think that you have breached this AUP (either via a notification from another Customer or otherwise), we may take action at our sole discretion that we decide is appropriate considering the nature of the breach.
If you break your obligations under this AUP, this is a material breach of the Terms and Conditions of Use of our Products and Social Media Groups (and of any other contract you have with us). As a result we may immediately suspend (either temporarily or permanently) your use and access to our Products and/or Social Media Groups (and any of our other services), remove content, issue a warning to you as a result of the breach or terminate any contract you have with us. We also reserve the right to take any other action that we deem appropriate.
We expressly exclude our liability for any loss or damage arising from the use of any of our Products and Social Media Groups by a Customer in contravention of our Content Standards.
We exclude our liability for any and all action we may take in response to breaches of this AUP.