This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 6a contains certain changes to the general terms for users outside the United States.
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
2. SITE CONTENTS
The UNARIUS UNITED Services contain Content of UNARIUS UNITED ("UNARIUS UNITED Content"). UNARIUS UNITED Content is protected by copyright, trademark, trade secret, and other laws, and UNARIUS UNITED owns and retains all rights in the UNARIUS UNITED Content and the UNARIUS UNITED Services. UNARIUS UNITED hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the UNARIUS UNITED Content (excluding any software code) solely for your personal use in connection with viewing the UNARIUS UNITED Website and using the UNARIUS UNITED Services.
The UNARIUS UNITED Community Services contains Content of Users and other UNARIUS UNITED licensors. Except as provided within this Agreement and subject to UNARIUS UNITED's copyright policy (viewable at UNARIUSUNITED.com), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the UNARIUS UNITED Services.
UNARIUS UNITED performs technical functions necessary to offer the UNARIUS UNITED Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the UNARIUS UNITED Services.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
Proprietary Rights in Content on the UNARIUS UNITED Website
UNARIUS UNITED does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, software scripts and applications, or any other materials (collectively, "Content") that you post on or through the UNARIUS UNITED Services. After posting your Content to the UNARIUS UNITED Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.
By displaying or publishing ("posting") any Content on or through the UNARIUS UNITED Community Services, you hereby grant to UNARIUS UNITED a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content in furtherance of UNARIUS UNITED's mission and UNARIUS UNITED's sole and absolute discretion, including without limitation distributing part or all of the UNARIUS UNITED Website in any media formats and through any media channels.
The license that you grant to UNARIUS UNITED is non-exclusive (meaning that you are free to license your Content to anyone else in addition to UNARIUS UNITED); fully paid and royalty-free (meaning that UNARIUS UNITED is not required to pay you for the use on the UNARIUS UNITED Services of the Content that you post); sub licensable; and worldwide (because the Internet and the UNARIUS UNITED Services are global in reach).
- By uploading or otherwise posting any Content to the UNARIUS UNITED Website, you represent, warrant, and covenant that: (i) you own the Content posted by you on or through the UNARIUS UNITED Services or otherwise have the right to grant the license set forth in this Section;
- the posting of your Content on or through the UNARIUS UNITED Services does not violate any applicable laws, including but not limited to all applicable data protection laws and the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights, or any other rights of any person or entity; and
- you have obtained the prior consent of any individuals whose personal information you use, disclose, or transmit on or through the UNARIUS UNITED Services. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the UNARIUS UNITED Services.
Use of the UNARIUS UNITED Services and registration to be a Member for the UNARIUS UNITED Services ("Membership") is void where prohibited. By using the UNARIUS UNITED Services, you represent and warrant that
- all registration information that you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you are 13 years of age or older; and
- your use of the UNARIUS UNITED Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe that you are over 18 years of age and represent yourself as under 18.
Use by Members
The UNARIUS UNITED website and related services are for the personal use of Members only. The Services may only be used for commercial endeavors if such endeavors are specifically endorsed or authorized by UNARIUS UNITED. UNARIUS UNITED reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the UNARIUS UNITED Services, including collecting usernames, user ID numbers, and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the UNARIUS UNITED Website, or employing third-party promotional sites or software to promote profiles for money, is prohibited.
Commercial advertisements, affiliated business links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. UNARIUS UNITED reserves the right to take appropriate legal action for any illegal or unauthorized use of the UNARIUS UNITED Services.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify UNARIUS UNITED immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
You are solely responsible for your interactions with other UNARIUS UNITED Members. UNARIUS UNITED reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
3. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Unarius United on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Unarius United property. Such disclosure, submission or offer of any
comments shall constitute an assignment to Unarius United of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, Unarius United will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Unarius United is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
You agree that Unarius United may use and/or disclose information about your demographics and use of the site in any manner that does not reveal your identity. By participating in site activities, contests, promotions, and/or requesting promotional information or product updates, you agree that Unarius United may use your information for marketing and promotional purposes.
3a. SHARING YOUR CONTENT AND INFORMATION
You own all of the content and information you post on Unarius United Community website, and you can control how it is shared through your privacy and application settings.
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Unarius United Community website (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Unarius United Community website, to access and use that information, and to associate it with you (i.e., your name and profile picture).
We always appreciate your feedback or other suggestions about Unarius United Community website, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Unarius United Community website safe, but we cannot guarantee it. We need your help to keep Unarius United Community website safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Unarius United Community website.
- You will not collect users' content or information, or otherwise access Unarius United Community website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Unarius United Community website.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Unarius United Community website.
- You will not use Unarius United Community website to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Unarius United Community website, such as a denial of service attack or interference with page rendering or other Unarius United Community website functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
5. REGISTRATION AND ACCOUNT SECURITY
Unarius United Community website users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Unarius United Community website, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal timeline primarily for your own commercial gain, and will use a Unarius United Community website Page for such purposes.
- You will not use Unarius United Community website if you are under 13.
- You will not use Unarius United Community website if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
6. PROTECTING OTHER PEOPLE'S RIGHTS
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Unarius United Community website that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Unarius United Community website if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Unarius United Community website, the Unarius United Community website and F Logos, FB, Face, Poke, Book and Wall), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on Unarius United Community website.
- You will not tag users or send email invitations to non-users without their consent. Unarius United Community website offers social reporting tools to enable users to provide feedback about tagging.
6a. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Unarius United Community website (such as advertising or payments) or operate a platform application or website.
7. MOBILE AND OTHER DEVICES
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on Unarius United Community website within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Unarius United Community website.
8. UNARIUS UNITED's COMMUNICATIONS TO YOU
You agree that Unarius United may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Unarius United's products or services, or for such other purpose(s) as Unarius United deems appropriate.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
10. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Unarius United does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Unarius United shall have the right, but not the obligation, to monitor the content of the Site, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Unarius United shall have the right to remove any material that Unarius United, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
12. DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNITY
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNARIUS UNITED DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. UNARIUS UNITED SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
ALTHOUGH UNARIUS UNITED ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. NEITHER UNARIUS UNITED NOR ITS RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.
Unarius United may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Unarius United's sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect.
15. APPLICABLE LAW
This Agreement shall be construed in accordance with the laws of the State of Oregon, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Portland, Oregon.