TERMS AND CONDITIONS OF USE
(last modified March 27, 2012)
PLEASE READ CAREFULLY. The following Terms and Conditions of Use ("Terms & Conditions") apply to your use of the Unstuck LLC family of sites (including any feeds and mobile applications) now or in the future owned or operated by Unstuck LLC ("Unstuck") and/or our affiliates (collectively, "us", "we", or "our") including, without limitation, www.unstuck.com (collectively, our "Digital Tools"). By using our Digital Tools, you agree to these Terms and Conditions just as if you had signed this agreement. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. It is your responsibility to check these Terms & Conditions periodically for changes. By using our Digital Tools after we post any changes to these Terms & Conditions, you agree to those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Digital Tools.
For purposes of these Terms & Conditions, "affiliates" means any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, Unstuck.
1. Terms & Conditions - In General
In our sole discretion and without prior notice or liability, we may discontinue, modify, or alter any aspect of our Digital Tools including, but not limited to, (i) restricting the time our Digital Tools are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use our Digital Tools. If you do not abide by these Terms & Conditions, we may immediately deactivate or delete your user account (if applicable) and all related information and files in your user account and/or bar any further access to such information and/or files, or our Digital Tools. We shall not be liable to you for any termination, deactivation, or cancellation of your access to, or use of, our Digital Tools or user account or deletion of information or files in your user account.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities, or events ("Additional Terms"). Such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
Your use of our Digital Tools and any information or materials available through our Digital Tools, or via link to Apple's iTunes store, is at your own risk. Such information and materials may contain inaccuracies or errors and, to the fullest extent permitted by law, in no event shall Unstuck or its affiliates be liable for any such inaccuracies or errors or your use of such information or materials. It shall be your sole responsibility to ensure that any products, services, or information available through our Digital Tools or via link to Apple's iTunes store meets your specific requirements.
2. Restrictions on Use of Materials
So long as you abide by these Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to access, use, and display our Digital Tools and the material provided hereon for your personal, noncommercial use. You acknowledge that the design, layout, and appearance of our Digital Tools as well as the information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, and other materials and content contained on our Digital Tools (collectively, "Content") are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. All trademarks appearing on our Digital Tools are trademarks of their respective owners. "UNSTUCK" is the trade name and trademark of Unstuck LLC. Third parties may also have additional proprietary rights in the Content that they make available on our Digital Tools. You may not reproduce, modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content. When Content is downloaded to your computer or mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website (including via a link) or networked computer environment is prohibited unless you receive our prior written consent.
3. Becoming a Registered User
You do not have to become a registered user to use our Digital Tools, except as we may require for use of our iPad and/or iPhone mobile applications. However, you must register in accordance with instructions that you will find on our Digital Tools to participate in any Community Area or use of the "Public Profile" feature of our Digital Tools. There is no cost to become a registered user of our Digital Tools. A "Community Area" means any blog, personal page, group page, chat room, message board, bulletin board, or similar activity where you can communicate with other users of our Digital Tools or post your own Content.
If you become a registered user of our Digital Tools, you agree to provide us with accurate and complete information about yourself that we request ("Registered User Data"), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. You agree not to assign, transfer, or sublicense your rights as a registered user of our Digital Tools. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on our Digital Tools.
If you are a registered user of our Digital Tools, you are responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are responsible for any activities which occur under your user account.
5. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on our Digital Tools, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are responsible for all Postings that you post, email, or otherwise transmit to our Digital Tools. We do not endorse or control the Postings posted, emailed, or otherwise transmitted on our Digital Tools by others and, as such, we do not guarantee the accuracy, integrity, or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Digital Tools (as described below), you understand that by using our Digital Tools, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed, or otherwise transmitted to or through our Digital Tools.
You agree not to use our Digital Tools (including any Community Areas) to:
a. Upload, post, email, or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with Unstuck or our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Digital Tools;
e. Upload, post, email, or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email, or otherwise transmit (such as insider information, proprietary and confidential information learned or disclosed as part of employment or confidential relationships);
f. Upload, post, email, or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity;
g. Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email, or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Community Area are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user's experience of our Digital Tools;
j. Interfere with or disrupt our Digital Tools or servers or networks connected to our Digital Tools, or disobey any requirements, procedures, policies, or regulations of networks connected to our Digital Tools;
k. Intentionally or unintentionally violate any applicable local, state, national, or international law;
l. "Stalk" or otherwise harass another user or employee of our Digital Tools; or
m. Solicit, collect, or post personal data or attempt to solicit, collect, or post personal data about other users of our Digital Tools, including user names or passwords; or access or attempt to access another user's account without his or her consent.
Your privilege to use our Digital Tools and contribute to discussions on the Community Areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use our Digital Tools, participate in any Community Area, and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
7. Our Policy re Children; Parental or Guardian Permission
Some of the Content on our Digital Tools may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE OUR DIGITAL TOOLS, and we strongly recommend that children between the ages of 13 and 18 obtain their parent's or guardian's consent before viewing our Digital Tools.
These Terms & Conditions apply only to our Digital Tools, and not to the websites of any other person or entity. From time to time, we may provide links to other websites or resources. These links are for convenience of reference only. We are not responsible for the availability of such external websites or resources, and we do not endorse any content, advertising, products, or other materials available through such websites or resources. We will not be responsible or liable for any loss you incur in connection with your use of, or reliance on, any content, advertisements, products, or other resources available on any other website. You should direct any concerns with respect to any other website or resources to that website's administrator or webmaster or other resource contact.
9. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our Digital Tools are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Digital Tools;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to our Digital Tools should be sent to our designated agent for notice of claims of copyright infringement: David Glickman, c/o Unstuck LLC, 475 Brannan Street, Suite 100, San Francisco, CA 94107, firstname.lastname@example.org
10. Disclaimers of Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS & CONDITIONS OR OUR DIGITAL TOOLS, THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS ON OR AVAILABLE THROUGH OUR DIGITAL TOOLS OR VIA LINK TO APPLE'S iTUNES STORE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY STATED HEREIN, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY OUR DIGITAL TOOLS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SUITABILITY, SECURITY, ACCURACY, QUALITY OF DATA, RESULTS OF USE OF PRODUCTS OR SERVICES, NON-INFRINGEMENT, NON-INTERRUPTION, ERROR-FREE, OR LACK OF VIRUSES.
NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR DIGITAL TOOLS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
11. Limitation of Liability
THE ENTIRE RISK ARISING OUT OF THE USE OF OUR DIGITAL TOOLS, THE USE OR DOWNLOAD OF ANY PRODUCTS OR SERVICES OFFERED THROUGH OUR DIGITAL TOOLS OR VIA LINK TO APPLE'S iTUNES STORE, AND THE USE OR DOWNLOAD OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT, WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR DIGITAL TOOLS; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OUR DIGITAL TOOLS OR ANY WEBSITE, WEBSITES OR RESOURCES LINKED TO OUR DIGITAL TOOLS, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR DIGITAL TOOLS; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR DIGITAL TOOLS; OR (F) ANY OTHER MATTER RELATING TO OUR DIGITAL TOOLS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR DIGITAL TOOLS, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR DIGITAL TOOLS. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR DIGITAL TOOLS.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH HEREIN CONSTITUTE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You agree to indemnify, defend, and hold harmless Unstuck and our affiliates, and our respective officers, directors, employees, stockholders, agents, and representatives from any third party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of our Digital Tools or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
13. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to your use of our Digital Tools or these Terms & Conditions shall be filed only in the state or federal courts located in San Francisco County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
14. Miscellaneous Terms
In any action against us arising from the use of our Digital Tools, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees.
We may assign our rights and obligations under these Terms & Conditions, and these Terms & Conditions will inure to the benefit of our successors, assigns, and licensees. Any attempt by you to assign, transfer, or delegate these Terms & Conditions shall be null and void.
UNSTUCK is the trademark of Unstuck LLC.
© 2014 Unstuck LLC. All rights reserved.