AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED
BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES.
IF YOU BECOME A UNITTUS SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD, YOUR SUBSCRIPTION
WILL AUTOMATICALLY RENEW EVERY TWENTY-EIGHT (28) DAYS IF YOU DO NOT CANCEL PRIOR
TO THE END OF THE TERM. SEE PAID SERVICES SECTION FOR MORE INFORMATION ON THE AUTOMATIC
RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
our relationship with subscribers and others that interact with Unittus, Inc. and
subsidiaries ('Unittus,' 'we,' or 'us') in connection with the use of Unittus websites
(including www.Unittus.com) (the 'Sites') and our Services (as defined below). Unittus
currently makes services available through our Sites and applications, which include
mobile applications, (the Sites, the applications and all services provided by Unittus
in connection therewith shall be referred to collectively as, the 'Services'). Unittus
may offer additional services or products or modify or revise any of the Services
at our discretion, and this Agreement will apply to all additional services or products
and all modified or revised Services unless otherwise indicated. Unittus also reserves
the right to cease offering any of the Services. You agree that Unittus shall not
be liable to you or any third party for any modification, revision, suspension or
discontinuance of any of the Services.
Your use of certain Services may be subject to additional terms and conditions,
and such terms and conditions will be either listed in this Agreement, or will be
presented or accessible to you by Unittus when you sign up to use, or use, such
Services ('Additional Terms'). All such Additional Terms are incorporated by reference
into this Agreement unless otherwise indicated. This Agreement does not alter in
any way the terms or conditions of any other agreement you may have with Unittus
for products, services or otherwise.
All visitors to our Sites, whether registered or not, are 'users' of the Services
for purposes of this Agreement. If you register for the Services by creating an
account, you become a 'Subscriber'.
This Agreement and any policy or guideline of the Services may be modified by Unittus
in its sole discretion at any time, with or without notice. Any changes or modifications
will be effective immediately upon posting the revisions to the Site, and you waive
any right you may have to receive specific notice of such changes or modifications.
Your continued use of the Services after the posting of changes or modifications
will constitute your acceptance of such changes or modifications; therefore, you
should frequently review this Agreement and all applicable terms and policies to
understand the terms that apply to your use of the Services. If you do not agree
to the amended terms, you must stop using the Services.
Because the Services are provided electronically, you must consent to Unittus providing
important information electronically if you wish to use the Services. You consent
to being provided with this Agreement, notices, disclosures, information, policies
and other materials in electronic form (collectively 'Electronic Records'), rather
than in paper form. Your consent to receive Electronic Records applies to all notices,
disclosures, documents, records or other materials of any kind that Unittus may
be required to provide to you.
Electronic Records will be provided on our Sites and Services or sent to the email
address associated with your account. You may wish to print out all Electronic Records
and keep them for your records. If you have any trouble printing out, downloading,
and/or accessing any Electronic Records, you may contact us in writing at compliance@Unittus.com.
In order for you to access and retain Electronic Records sent by Unittus, you must
have the following hardware and software: a computer or other access device capable
of reading html and text files, a modem or other means of accessing the Internet,
a browser capable of accessing and displaying the Unittus website and the ability
to receive and read emails. To print the Electronic Records, you will also need
You may withdraw your consent to receive Electronic Records by contacting us in
writing at compliance@Unittus.com. However, the Services provided by Unittus are
only available if you agree to receive Electronic Records, and you understand that
withdrawing such consent will result in your account being deactivated.
By accessing or using the Services, you represent and warrant that: (a) you are
of the age of majority in the jurisdiction in which you reside; (b) you have never
been convicted of a felony or any criminal offense characterized as a sexual offense
and are not required to register as a sex offender with any government entity; (c)
you have not previously been suspended or removed from the Services; (d) you have
the right, authority and capacity to enter into this Agreement and to abide by all
of the terms and conditions of this Agreement; (e) you are not a competitor of Unittus
and are not using the Services for reasons that are in competition with Unittus
or other than for its intended purpose; and (f) you are not located in, under the
control of, or a national or resident of any country which the United States has
(i) embargoed, (ii) identified as a 'Specially Designated National' or (iii) placed
on the Commerce Department's Table of Deny Orders.
Use of the Services
You agree that you will only use the Services, including the posting of any content
through the Services, in a manner consistent with this Agreement and any and all
applicable laws and regulations. Use of the Services is void where prohibited.
You understand that you are responsible for maintaining the confidentiality
of the username and password of your account, and you are fully responsible for
all activities that occur under your username and password, including the purchase
of any of our Paid Services (as defined below). You agree (a) to immediately notify
Unittus if you suspect any unauthorized use of your username or password or any
other breach of security, (b) to ensure that you exit from your account at the end
of each session, (c) not to use the account, profile, username or password of any
other user or Subscriber and (d) to use particular caution when accessing your account
from a public or shared computer so that others are not able to view or record your
password or other personal information. You acknowledge that Unittus is not responsible
for any loss or damage arising from the theft or misappropriation of your username
Exclusive Use. You will only use the
Services for your sole, personal use and not in connection with any commercial endeavors.
You will not authorize others to use the Services or otherwise attempt to transfer
your right to use the Services to any other person or entity. Interactions with
Other Users; Criminal Background Screenings. You assume all risk when using the
Services, including but not limited to all risks associated with any online or offline
interactions with others. There is no substitute for acting with caution when communicating
with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, UNITTUS
DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT
TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS
USERS. UNITTUS RESERVES THE RIGHT TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING
THE SEARCH OF ANY SEX OFFENDER REGISTRIES), HOWEVER, IN ITS SOLE DISCRETION. Unittus
does not make any representations, warranties or guarantees as to the conduct of
its users. You acknowledge that Unittus may create test profiles or accounts to
monitor the operation of the Services.
You agree to take all necessary precautions when meeting other users, especially
if you decide to meet in person. You agree to treat all other users with dignity
and respect and comply with our user conduct rules set forth below.
No Commercial Solicitation or Advertising.
You will not engage in any advertising or solicitation to buy or sell any products
or services through the use of the Services and you will not transmit any chain
letters, junk or spam email to other users. Additionally, you will not use any information
obtained from the Services in order to contact, advertise to, solicit or sell to
any user without their prior explicit consent.
Unittus is not responsible
or liable in any manner for the conduct of its users, whether or not such conduct
is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT
YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following
in connection with the Services or the Users thereof:
use the Service in any unlawful manner or in a manner that is harmful to or violates
the rights of others; Engage in any harassing, intimidating, predatory or stalking
use the Services in any manner that could disrupt, damage, disable, overburden,
impair or affect the performance of the Services or interfere with or attempt to
interfere with any other user's use of the Services;
impersonate any person or entity, or misrepresent your age, identity, affiliation,
connection or association with, any person or entity;
make any commercial use of the Services or promote or solicit involvement in or
support of a political platform, religion, cult, or sect;
defraud, swindle or deceive other users of the Services;
disseminate another person's personal information without his or her permission,
or collect or solicit another person's personal information for commercial or unlawful
solicit or engage in gambling or any similar activity or any illegal or unlawful
use any scripts, bots or other automated technology to scrape or access the Services;
collect or solicit personal information about anyone under the legal age of majority
use the Service for any phishing, trolling or similar activities;
use the Service to redirect users to other sites or encourage users to visit other
harvest or collect email addresses or other contact information of other users from
the Services by electronic or other means or use the Services to send, either directly
or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial
e-mail or communications or other spamming or spimming activities; or
attempt to access any Services or area of the Sites that you are not authorized
If you wish to
report any violation of this Agreement by others, including Subscribers, you may
do so by contacting us in writing at compliance@Unittus.com.
Verification and Enforcement.
Unittus does not routinely conduct criminal screenings of its users, you agree that
Unittus has the right to do so at its sole discretion, and you consent to such screening
and agree to provide to Unittus, upon request, complete, accurate and current information
confirming your eligibility for use of the Services. You understand and agree that
if Unittus believes in its sole discretion that you have violated the terms of this
Agreement, misused the Services or behaved in a way that could be regarded as inappropriate,
unlawful, illegal or unsafe, Unittus may, among other things, investigate, take
legal action against you and/or terminate your account and cancel your subscription
Responsibility for User Content.
are solely responsible for the content and information that you provide, publish,
display or otherwise communicate to Unittus through the Services or to other users
(collectively referred to as 'post'), including without limitation messages, data,
text, photos, video, music, graphics, links or other materials posted through chat
messages, community pages, email messages, mobile messages, photos and profile information
(your submissions and those of other users, collectively, are 'User Content'). Unittus
does not control, take responsibility for or assume liability for any User Content
posted by you or any third party, or for any loss or damage thereto, nor is Unittus
liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE
OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
Accuracy of Information.
You will not
provide any inaccurate, misleading, incomplete or false information or User Content
to Unittus or to any other user. You may be required to supply certain information
to use the Services.
No Duty to Review User Content. Although
you understand and acknowledge that Unittus has no duty to prescreen, review, control,
monitor or edit the User Content posted by users and is not liable for User Content
that is provided by others, you agree that Unittus may, at its sole discretion,
review, edit, refuse to accept or delete User Content at any time and for any reason
or no reason without notice, and you are solely responsible for creating backup
copies and replacing any User Content you post or store on the Services at your
sole cost and expense.
License of User Content to Unittus.
claims no ownership or control over your User Content, except as otherwise specifically
provided herein, on the Services or in a separate agreement. By submitting or posting
User Content, you automatically grant, and you represent and warrant that you have
the right to grant, to Unittus, its affiliates, licensees and successors an irrevocable,
perpetual, non-exclusive, fully paid, worldwide right and license to use, copy,
publicly perform, publicly display, reproduce, adapt, modify and distribute such
User Content furnished by you and to prepare derivative works of, or incorporate
into other works, such information and User Content, and to grant and authorize
sublicenses of the foregoing in any medium. You further represent and warrant that
the User Content and the public posting and use of your User Content by Unittus
will not infringe or violate the rights of or cause any harm to any third party
or violate the terms of this Agreement. By posting User Content, you hereby release
Unittus and its agents and employees from any claims that such use, as authorized
above, violates any of your rights and you understand that you will not be entitled
to any additional compensation for any use of your User Content.
Use of Proprietary Information of Others.
You will not post, copy, transfer, create any derivative works from, distribute,
reproduce or show in any manner any copyrighted or trademarked or proprietary information
or materials, including any User Content posted by other users, without the prior
consent of the owner of such proprietary rights. You acknowledge that information
or materials available through the Services may have copyright protection whether
or not it is identified as being copyrighted. Prohibited Content. You will not post
or transport to any other user any User Content that is illegal or prohibited from
being posted, which includes, but is not limited to, any User Content (or links
to content) that ('Prohibited Content'):
is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually
oriented, threatening, harassing, inflammatory, inaccurate, fraudulent or illegal;
promotes racism, bigotry, hatred or physical harm of any kind against any group
is intended to, or does, harass, or intimidate any other user or third party;
may infringe or violate any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party, including User Content that contains
others' copyrighted content (e.g., photos, images, music, movies, videos, etc.)
without obtaining proper permission first;
contains video, audio, photographs, or images of another person without his or her
permission (or in the case of a minor, the minor's legal guardian) or otherwise
violates anyone's right of privacy or publicity;
promotes or enables illegal or unlawful activities, such as instructions on how
to make or buy illegal weapons or drugs;
violates someone's data privacy or data protection rights;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful,
or disruptive codes, components or devices;
contains any advertising, fundraising or promotional content; or
is, in the sole judgment of Unittus, objectionable or restricts or inhibits any
person from using or enjoying the Services or exposes Unittus or its users to harm
or liability of any type.
Submissions. Separate and apart from
the User Content you provide as part of your use of the Services, you can submit
questions, comments, feedback, suggestions, success stories, ideas, plans, notes,
drawings, original or creative materials or other information about Unittus and
our Services (collectively, 'Submissions'). Submissions, whether posted to the Services
or provided to Unittus by email or otherwise, are non-confidential and shall become
the sole property of Unittus. Unittus shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment
or compensation to you.
and discloses personally identifiable information from its users. You understand
and agree that if you post any content, information or material of a personal or
private nature on any public areas of Unittus or post or provide to Unittus any
information or content which is intended to be shared with other users, such content,
information and materials will be shared with others accordingly, and you hereby
consent to such sharing. You hereby consent to the processing of any personal data
in the United States of America or any other country in which we process your data.
Copyright and Limited License
The Services contain the copyrighted material and other proprietary information
of Unittus and its licensors or users including without limitation, the Unittus
logo and all designs, text, graphics, pictures, video, information, data, software,
sound files, other files and the selection and arrangement thereof (collective,
You are granted a limited, non-sublicensable license to access and use the Services
and Proprietary Materials, subject to the terms and conditions of this Agreement.
You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate,
sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile
or otherwise disassemble any portion of the Proprietary Materials or the Services
or cause others to do so; (ii) 'frame' or 'mirror' any part of the Services, without
our prior written authorization; (iii) use meta tags or code or other devices containing
any reference to Unittus or the Services in order to direct any person to any other
website for any purpose; (iv) resell or make any commercial use of the Services;
(v) use any data mining, robots, or similar data gathering or extraction methods
or otherwise collect any pictures, descriptions, data or other content from the
Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted through the Services; (vii) use any automated
methods or processes to create user accounts or (viii) use the Proprietary Materials
or the Services other than for their intended purpose. Any use of the Services or
Proprietary Materials other than as specifically authorized herein, without the
prior written consent of Unittus, is strictly prohibited and will violate and terminate
the license granted herein. Such unauthorized use may also violate applicable laws
including without limitation copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in this Agreement
shall be construed as conferring any license to intellectual property rights, whether
by estoppel, implication or otherwise. The license is revocable at any time.
Repeat Infringer Policy
Unittus reserves the right to terminate, in appropriate circumstances and in its
sole discretion, users who are deemed to be repeat infringers. Unittus may also,
in its sole discretion, limit access to the Services and/or terminate the accounts
of any users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
'UNITTUS,' Unittus logos and any other trade name or slogan contained in the Services
are trademarks or service marks of Unittus, its partners or its licensors and may
not be copied, imitated or used, in whole or in part, without the prior written
permission of Unittus or the applicable trademark holder. In addition, the look
and feel of the Services, including all page headers, custom graphics, button icons
and scripts, is the service mark, trademark and/or trade dress of Unittus and may
not be copied, imitated or used, in whole or in part, without our prior written
permission. All other trademarks, registered trademarks, product names and company
names or logos mentioned in the Services are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the
Unittus websites for noncommercial purposes, provided such link does not portray
Unittus or its Services in a false, misleading, derogatory or otherwise defamatory
manner and provided further that the linking site does not contain any adult or
illegal material or any material that is offensive, harassing or otherwise objectionable.
This limited right may be revoked at any time. You may not use Unittus' logo or
proprietary graphics to link to any Unittus website without our express written
permission. Further, you may not use, frame or utilize framing techniques to enclose
any Unittus trademark, logo or other proprietary information, including the images
found in the Services, the content of any text or the layout/design of any page
or form contained in the Services without Unittus' express written consent. Except
as noted above, you are not conveyed any right or license by implication, estoppel
or otherwise in or under any patent, trademark, copyright or proprietary right of
Unittus or any third party.
Unittus makes no claim or representation regarding, and accepts no responsibility
for, the quality, content, nature or reliability of third-party websites accessible
by hyperlink from the Services. Such sites are not under the control of Unittus
and Unittus is not responsible for the contents of any linked site or any link contained
in a linked site, or any review, changes or updates to such sites. Unittus provides
these links to you only as a convenience, and the inclusion of any link does not
imply affiliation, endorsement or adoption by Unittus of any site or any information
contained therein. When you leave the Services, you should be aware that our terms
and policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any site to which you navigate
from the Services.
Third Party Content
Unittus may provide third party content on the Services and may provide links to
web pages and content of third parties (collectively the 'Third Party Content')
as a service to those interested in this information. Unittus does not control,
endorse or adopt any Third Party Content and makes no representations or warranties
of any kind regarding the Third Party Content, including without limitation regarding
its accuracy or completeness. You acknowledge and agree that Unittus is not responsible
or liable in any manner for any Third Party Content and undertakes no responsibility
to update or review any Third Party Content. Users use such Third Party Content
contained therein at their own risk.
Advertisers and Other Third Parties
The Services may contain advertisements and promotions from third parties or may
otherwise provide information about or links to third party products or services.
Your business dealings or correspondence with, or participation in promotions of,
such third parties, and any terms, conditions, warranties or representations associated
with such dealings or promotions are solely between you and such third party. Unittus
is not responsible for, and does not endorse, any features, content, advertising,
products, services or other materials on or available from third party sites. You
agree that Unittus shall not be responsible or liable, directly or indirectly, for
any loss or damage of any sort incurred as the result of such dealings or as a result
of the presence of such third party advertisers or third party information on the
If you purchase any Services
that we offer for a fee, such as a subscription to our Services or virtual tokens
(the 'Paid Services'), you authorize Unittus and our designated payment processors
to store your payment card information and other related information. You also agree
to pay the applicable fees for the Paid Services (including without limitation periodic
fees for ongoing subscriptions (the 'Subscription Fees') as set forth on the Services)
as they become due plus all related taxes (including without limitation sales and
use taxes, duties or other governmental taxes or fees), and to reimburse us for
all collection costs and interest for any overdue amounts. All fees and charges
are nonrefundable and there are no refunds or credits for any partially used subscription
periods except (i) as expressly set forth in this Agreement, (ii) as otherwise required
by applicable law and (iii) at Unittus' sole and absolute discretion. Fees for the
Paid Services may be payable in advance, in arrears, per usage or as otherwise described
when you initially purchase the Paid Services. All prices for Paid Services are
subject to change without notice.
Unittus may, from time
to time, offer various payment methods, including without limitation payment by
credit card, or by debit card. Unittus charges you for Paid Services through the
payment method you select when originally purchasing the Paid Services (the 'Payment
Method') and you agree to make payment using that Payment Method. Certain Payment
Methods, such as credit cards and debit cards, may involve agreements between you
and the financial institution, credit card issuer or other provider of your chosen
Payment Method (the 'Payment Method Provider'). If we do not receive payment from
your Payment Method Provider, you agree to directly pay all amounts due upon demand
from us. Your non-termination or continued use of the Paid Services reaffirms that
we are authorized to charge your Payment Method.
Automatic Renewal of Subscriptions.
YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED
ON OUR SERVICES AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO
NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH BELOW PRIOR TO THE END OF THE TERM, YOUR
SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE
RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED
(FOR EXAMPLE, UNLESS YOU CANCEL, A 28-DAY SUBSCRIPTION WILL AUTOMATICALLY RENEW
ON A 28 DAY BASIS AND A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A ONE
MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS, SUCH
RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS
ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF
YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE
THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES,
PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTO RENEWAL. YOU ACKNOWLEDGE THAT YOUR
SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY
FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD,
AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION
FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE
THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE
OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION
Cancellation of Subscriptions.
CANCEL YOUR SUBSCRIPTION, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END
OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED
AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION
OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS
PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW.
FOR USERS IN THE EUROPEAN ECONOMIC AREA, YOU AGREE THAT ONCE YOU COMPLETE YOUR SUBSCRIPTION
PURCHASE BY CLICKING ON 'CONFIRM' OR 'PURCHASE' (OR A SIMILAR BUTTON), WE WILL BEGIN
TO PROVIDE YOU WITH THE SERVICES. YOU AGREE THAT YOU DO NOT HAVE A RIGHT TO CANCEL
THIS CONTRACT UNDER THE DISTANCE SELLING DIRECTIVE (OR SIMILAR LEGISLATION). OUR
OF THE CONTRACT.
Current Information Required.
to provide current, complete and accurate billing information and agree to promptly
update all such information (such as changes in billing address, credit card number
or credit card expiration date) as necessary for the processing of all payments
that are due to Unittus. You agree to promptly notify Unittus if your Payment Method
is canceled (for example, due to loss or theft) or if you become aware of a potential
breach of security related to your Payment Method. If you fail to provide any of
the foregoing information, you acknowledge that your current Payment Method may
continue to be charged for Paid Services and you remain responsible for all such
Change in Amount Authorized.
If the amount
to be charged varies from the amount you authorized when purchasing any Paid Services
(other than due to the imposition or change in the amount of taxes, including without
limitation sales and use taxes, duties or other governmental taxes or fees), Unittus
will provide notice of the amount to be charged and the date of the charge at least
10 days before the scheduled date of the transaction. You agree that Unittus may
accumulate charges incurred and submit them as one or more aggregate charges during
or at the end of each billing cycle.
Incorrect Payments and Errors.
event that you submit to us a payment for Paid Services that does not match the
price for the Paid Services you selected, Unittus shall have the right, in its sole
and absolute discretion, to (1) return or refund all or some of the amount of your
payment, (2) apply all or some of your payment amount to other similar Paid Services
that have a purchase price less than the amount of your payment, (3) apply all or
some of the amount of your payment to the purchase of our virtual currency or (4)
apply your payment in any combination of the foregoing ways. Unittus reserves the
right to correct any errors or mistakes that it makes even if it has already requested
or received payment.
By using any downloadable application to enable your use of the Services, you are
explicitly confirming your acceptance of the terms and conditions of the End User
License Agreement, or similar agreement, associated with the application provided
at download or installation, or as may be updated from time to time.
UNITTUS PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN 'AS
IS' AND 'AS AVAILABLE' BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,
WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY
MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE
UNITTUS DOES NOT REPRESENT AND WARRANT THAT (A)YOUR USE OF THE SERVICES WILL BE
SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR
REQUIREMENTS, (B)ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C)THE SERVICES
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNITTUS DISCLAIMS LIABILITY FOR,
AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE
SERVICES OR THE DELIVERY OF ANY MESSAGES.
UNITTUS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS
SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR
THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, UNITTUS DISCLAIMS
ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR
IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
UNITTUS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR
LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OF THE SERVICES OR FOR THE ACCURACY
OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN
UNITTUS. UNDER NO CIRCUMSTANCES WILL UNITTUS BE RESPONSIBLE FOR ANY LOSS, DAMAGE
OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN
CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNITTUS, ITS DIRECTORS,
MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT,
SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING
OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY
MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION
ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED
FROM UNITTUS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UNITTUS' RECORDS, PROGRAMS
OR SERVICES. UNDER NO CIRCUMSTANCES WILL UNITTUS' AGGREGATE LIABILITY, IN ANY FORM
OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES,
EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY
YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS AND (2) $50.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNITTUS 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 USE OF OR THE SERVICES, INCLUDING WITHOUT
LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES
RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF
THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT
OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT
APPLY TO YOU.
Indemnity. You agree to defend, indemnify and hold Unittus, its subsidiaries and
affiliates, and each of their directors, officers, managers, agents, contractors,
partners and employees harmless from any loss, liability, claim, damages, costs,
expenses or demand, including reasonable attorney's fees, due to or arising out
of (i) your use of or inability to use the Services, (ii) any User Content or Submission
you provide or transmit through the Services, (iii)your conduct in connection with
the Services or our users, (iv)your violation of any of the terms of this Agreement,
(v) your violation of any rights of a third party or (vi) your violation of any
applicable laws, rules or regulations.
This Agreement is effective upon your first use of the Services and shall remain
in effect until it is terminated in accordance with the terms of this Agreement.
Termination by Unittus.
anything to the contrary in this Agreement, Unittus may suspend, deactivate or terminate
your account and your right to use the Services and may block or prevent your access
to and use of the Services at any time in its sole discretion, for any reason or
no reason, without explanation and without notice (including without limitation
blocking users or Members from certain IP addresses). We also reserve the right
to remove or block access to your account information, User Content or data from
our Services and any other records at any time at our sole discretion. In the event
that we determine that your access to any of the Services is terminated or suspended
for cause, such as due to any breach of this Agreement, flagged conduct or content,
third party complaints or the implementation of our repeat infringer policy, you
agree that all fees then paid to Unittus by you will be nonrefundable, except as
otherwise provided by law, and all outstanding or pending payments under the terms
of your subscription will immediately be due and payable. All decisions as to the
refundability of the fees are in Unittus' sole discretion.
Termination by You.
In addition to any
right to cancel your subscription below, you may deactivate or terminate your account
at any time, for any or no reason, by accessing the 'settings' page of your account.
Except as otherwise provided by law or in this Agreement, you will not be entitled
to any refund of the fees you have paid to Unittus and all outstanding or pending
payments under the terms of your subscription will immediately be due and payable.
agree that this Agreement, together with the Additional Terms, contains the
entire agreement between you and Unittus regarding the use of the Services and supersedes
all prior agreements and understandings (including without limitation any prior
versions of this Agreement), except to the extent that the parties have entered
into a separate written agreement applicable to the Services that expressly governs
over this Agreement. If any provision of this Agreement is held illegal, void, invalid
or unenforceable, such provision will be changed and interpreted to accomplish the
objectives of the provision to the greatest extent possible under any applicable
law and the remaining provisions will continue in full force and effect. The failure
of Unittus to exercise or enforce any right or provision in this Agreement shall
not operate as a waiver of such right or provision. Other than any entities that
Unittus owns a 50% or greater interest in, there are no third-party beneficiaries
to this Agreement and no third party who is not a party to this Agreement shall
have any right to enforce any term of this Agreement. Unittus, Inc. is a corporation
organized under the laws of the State of Florida, USA.
Language of the Agreement
The language of this Agreement is English. Where Unittus has provided a translation
of the English version of this Agreement, you agree that the translation is provided
for your convenience only and that the English language version of this Agreement
will govern your relationship with Unittus. If there is any contradiction between
what the English language version of this Agreement says and what a translation
says, then the English language version will take precedence.
This website is owned and operated, or operated under agreement, by:
Unittus, Inc. 7353 International Place, Unit 309, Sarasota, FL 34240
Last Revision September 1, 2011