Acceptance of Terms.
Registration & Eligibility.
You shall not:
create any account for anyone other than yourself without such person's permission;
use a User Name that is the name of another person with the intent to impersonate that person;
use a User Name or Unifyre account that is subject to any rights of a person other than you without appropriate authorization; or
use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Unifyre reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Unifyre account. You shall never use another user's account without such other user's prior express permission. You will immediately notify Unifyre in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
When using Services on a mobile device, please be aware that your carrier's normal rates and fees, such data and roaming charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
The Service contains Content specifically provided by Unifyre or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
We may use your User Submissions in a number of different ways in connection with the Service and Unifyre’s business as Unifyre may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Service, you hereby do and shall grant Unifyre a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and Unifyre's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Service and Third Party Media. For clarity, the foregoing license grant to Unifyre does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Unifyre.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such Content originated; that Unifyre will not be liable for any errors or omissions in any Content; and that Unifyre cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Unifyre may prioritize, deprioritize, promote or hide any Content on the Services.
Unifyre reserves the right to retain User Submissions, even after they have been deleted or expired from view within the Services. However, Unifyre has no obligation to retain any Submission for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.
Code of Conduct.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
You shall not (directly or indirectly):
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third party websites, you do so at your own risk. These other websites are not under Unifyre's control, and you acknowledge that Unifyre is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Unifyre or any association with its operators. You further acknowledge and agree that Unifyre shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
TERMINATION & RESTIRCTION
You acknowledge that these Terms are between you and Unifyre only, and not with Apple, Inc., Google Inc. or any Company who owns an app marketplace (Collectively “App Store”) where the Services are available for download. Your use of Unifyre’s Services must comply with the App Store’s then-current Terms of Service. Unifyre, and not App Store, are solely responsible for the Services and Content available thereon. You acknowledge that App Store has no obligation to provide maintenance and support services with respect to Services. To the maximum extent permitted by applicable law, App Store has no warranty obligation whatsoever with respect to the Services. You agree that Unifyre, and not App Store, are responsible for addressing any claims by you or any third-party relating to our Services. You agree that Unifyre, and not App Store, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the Services.
Your use of the Services is at your own risk. The Content may not have been verified or authenticated in whole or in part by Unifyre, and they may include inaccuracies or typographical or other errors. Unifyre does not warrant the accuracy or timeliness of the Content contained on the Services. Unifyre has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Content or any other portion of the Services, whether provided by Unifyre, our licensors or suppliers or other users.
You release Unifyre from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Unifyre makes no representations concerning any Content contained in or accessed through the Service, and Unifyre will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
You release us from all liability relating to activities, events or crowd actions (“Actions”) that may be initiated on Unifyre. You understand that we do not, in any way, screen users, nor do we inquire into the Actions on the Service. We make no representations or warranties as to veracity or advisability of Actions. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from Actions initated through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all Actions you engage in through the Services.
THE SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
UNIFYRE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
ALL LIABILITY OF UNIFYRE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF UNIFYRE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNIFYRE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT UNIFYRE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
LOSS OF ACTUAL OR ANTICIPATED PROFITS;
LOSS OF REVENUE;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF ANTICIPATED SAVINGS;
WASTED EXPENDITURE; OR
COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
The following arbitration and governing law provisions shall apply:
Integration & Severability.
You may contact Unifyre at firstname.lastname@example.org.
Effective Date: September 24, 2017