Last Updated: April 9, 2022
1. Intellectual Property and Your Use of Content on the Site
The Site and its original content (excluding User Content provided by users discussed below), features and functionality, including without limitation, all intellectual property rights therein, are and will remain the exclusive property of Unflakable and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Unflakable.
You may access Site Content for your information and personal use solely as permitted under these Terms. You shall not download any Site Content unless you a see a “download” or similar link displayed by Unflakable on the Site for that Site Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Site Content for any other purposes without the prior written consent of Unflakable or the respective licensors of such Site Content. Unflakable and its licensors reserve all rights not expressly granted in and to the Site and the Site Content. You agree not to circumvent, disable, or otherwise interfere with the security-related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on the use of the Site or Site Content.
2. Prohibited Actions
In using the Site, you may not and may not allow any third party, including your end users, to:
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
- Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
- Use the Site to violate the legal rights (such as rights of privacy and publicity) of others;
- Promote or encourage illegal activity;
- Interfere with or disrupt the Site or create an undue burden on the Site or the networks or services connected to the Site;
- Launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that access the Site in a manner that sends more request messages to the Unflakable servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Modify, adapt, translate, or reverse engineer any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Site; or
- Modify the Unflakable logo or any other Unflakable Marks or logos
3. User Content
Our Site may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You fully control the type and nature of the User Content you upload, and as such you (and not Unflakable) are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness.
By posting User Content on or through the Site, You represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity. We reserve the right to terminate use of the Site by anyone found to be infringing on a copyright or any other intellectual property right.
Unflakable has the right but not the obligation to monitor, edit, remove, or share User Content provided by users where it believes in good faith that it is necessary to comply with applicable law or to ensure the consistency, security, and stability of our Site. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You agree to defend, indemnify and hold harmless Developer Innovations, LLC d/b/a Unflakable and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site; b) a breach of these Terms, or c) User Content posted on the Site.
5. Links To Third Party Web Sites, Advertisements and Services
Our Site may contain links to third party web sites, advertisements or services that are not owned or controlled by Unflakable. Unflakable has no control over, and to the fullest extent permitted by law, assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that your use of any third-party websites, services and/or advertisements is at your own risk and that you should apply a suitable level of caution and discretion in accessing any such third-party links. When you click on any third-party links, the applicable third party’s terms and policies apply, not these Terms.
We may terminate or suspend your access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Limitation of Liability
To the fullest extent permitted under applicable law, in no event shall Unflakable, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Unflakable’s total, cumulative liability for any claim, loss or damage arising out of or relating to these terms shall be one hundred dollars ($100.00 USD).
8. Warranty Disclaimer
Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, the Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Developer Innovations, LLC d/b/a Unflakable, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, be error-free, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; d) the results of using the Site will meet your requirements; or e) that the Site and/or any content made available through the Site will be accurate or complete.
Unflakable assumes no liability or responsibility for any errors, mistakes or inaccuracies of content, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, any unauthorized access to or use of our Site, any interruption or cessation of transmission to or from the Site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through our Site by any third party and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the Site and/or any content posted, emailed, transmitted or otherwise made available via the Site.
Some jurisdictions do not allow for limited liability or exclusion of implied warranties, so not all of the above limitations and/or warranty disclaimers may apply to you. You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers, exclusions and limitations of liability, and that absent such disclaimers, exclusions and limitation of liability, the terms and conditions of these Terms would be substantially different.
9. Governing Law and Miscellaneous Provisions
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned by Unflakable without restriction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide you with notice in accordance with applicable legal obligations. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
11. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.