Us App Terms of Service for September (Closed Beta)
Effective Date: September 19, 2021
These are the Terms of Service (“Terms”) for the Unfinished Social Application and related services (collectively the “Us App”).
By using the Us App, you agree to be bound by these Terms. You must be 18 years old to use the Us App.
We reserve the right to update or modify these Terms at any time in our sole discretion or to comply with applicable law, and will post the effective date of any updates or modifications at the top of these Terms.
1. Account and Access
When creating an account on the Us App, you are required to provide your email address. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise provide misleading information.
Please use a strong password for any accounts you create, and don’t use the same password or a similar password between different accounts. You are responsible for protecting and maintaining the confidentiality of your login credentials and password and for restricting access to the Us App. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you agree to notify us immediately at [email protected] We may terminate your account and suspend your use of the Us App for any reason without prior notice to you, including if we suspect that your account is being used in an unauthorized manner or that you are in violation of these Terms.
2. User Conduct
Your use of the Us App may not include any activity that may:
- Constitute a criminal offense;
- Harm other persons, in particular minors, or infringe their personal rights, including the right to privacy;
- Involve content that is reasonably considered to be fraudulent, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, pornographic, obscene, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation;
- Violate any intellectual property right or any other proprietary right of any third party (including The Unfinished Group);
- Access, use, or copy any portion of the Us App or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
- Upload any contents containing any virus or any other program that could damage data;
- Transmit, store, or upload hyperlinks or contents to which you are not entitled, in particular cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or
- Distribute advertising or unsolicited spam or incorrect warnings of viruses, defects, or similar material.
You are responsible for any content you share using the Us App for how you label such content and for deciding when to encrypt such content for particular recipients. Remember that the Us App is a gateway to a decentralized social network. That network may also be accessed by people using other applications that have different terms of service from those of the Us App.
3.1 Accuracy and Appropriateness
If you use or rely on content received through the Us App, you do so solely at your own risk. Furthermore, by using the Us App, you may be exposed to content that you find offensive, deceptive, mislabeled, or otherwise inappropriate. The material on the Us App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. We don’t represent the completeness, timeliness, truthfulness, accuracy, or reliability of any content contained in the Us App, nor do we endorse opinions expressed in such content.
We reserve the right to decline to post certain content at our discretion, including if such content violates applicable law or these Terms. We also reserve the right to delete any content hosted or controlled by us. However, note that these Terms do not apply to content distributed using other applications or to content stored in places not under our control, such as on the blockchain or other public storage network.
You retain your rights to any content you share via the Us App.
By posting content via the Us App, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid up, and transferable license (with the right to sublicense through multiple tiers) to use, copy, reproduce, process, adapt, modify, make derivative works, publish, transmit, display, distribute and otherwise exploit such content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating).
This purpose of this license grant is to enable us to carry your content — that is, to make it available to others.
The previous paragraphs notwithstanding, nothing in these Terms gives us the right to decrypt content that you have encrypted to yourself or to third parties, except as required by law or legal process.
Please note that when you use the Us App to post content to a decentralized social network or to any other system not under our control, we are not responsible for how the content is copied or otherwise treated within or beyond that system.
3.4 Copyright Infringement
The Unfinished Group will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe we are hosting your content in a way that constitutes copyright infringement, you can report this through our Copyright Infringement Claim form or by contacting our designated copyright agent at:
Attn: Copyright Agent
888 Seventh Ave, 43rd Floor
New York, NY 10106
To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
- A description of the copyrighted work or other intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Us App, with enough detail that we may find it;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
5. Intellectual Property
The Us App, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of The Unfinished Group and is protected by copyright, trademark and other United States and international intellectual property laws. Any unauthorized use of the Us App is strictly prohibited and may violate copyright, trademark, and other laws. Unless expressly permitted, you may not copy or distribute any content from the Us App. The Us App grants you a non-exclusive and non-transferable right to make reasonable use of the information, software and documentation made available to you on the Us App. You may not copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Us App or any part of the Us App (in each case, including any intellectual property rights embodied therein) without the prior written consent of The Unfinished Group. For example, you may not copy, reproduce, publish, upload to another website, or otherwise distribute any of the images on the Us App.
6. Links to Other Websites and Apps
The Us App may contain links to other external, third party websites and apps for your convenience, which will be governed by the privacy practices of such applicable third parties.
You agree to indemnify, defend, and hold harmless The Unfinished Group and each of its parents, subsidiaries, shareholders, members, directors, officers, employees, representatives, consultants, agents, suppliers, licensors, predecessors, successors and assigns from and against any and all claims, demands, complaints, actions, liabilities, damages, losses, costs, judgments, settlements, fines, penalties, expenses, or fees (including reasonable attorneys’ fees and costs) that arise out of or in connection with your access to or use of the Us App, your misuse of any material, data, or other information downloaded or otherwise obtained from the Us App, or arising from your (or anyone using your account’s) violation of these Terms. The Unfinished Group reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with The Unfinished Group’s defense of such claim.
Your access to and use of the Us App or any content is at your own risk. You understand and agree that the Us App is provided to you on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (PROVIDED THAT, IN CERTAIN JURISDICTIONS WHERE THE LAW MAY NOT PERMIT THE DISCLAIMER OF ALL WARRANTIES, THIS DISCLAIMER MAY NOT APPLY TO YOU).
We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Us App or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Us App or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Us App; and (iv) whether the Us App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Us App, will create any warranty or representation not expressly made herein.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE US APP; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE US APP, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE US APP; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE US APP GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND THE LIABILITY OF THE UNFINISHED GROUP SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Entire Agreement, Governing Law and Other Provisions
These Terms, together with any additional terms to which you agree when using the Us App, constitute the entire and exclusive and final statement of the agreement between you and The Unfinished Group with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and The Unfinished Group with respect to such subject matter.
These Terms and the relationship between you and the Unfinished Group shall be governed by the laws of New York. All lawsuits arising from or relating to these Terms or your use of the Us App shall be brought in the Federal or State courts located in New York, New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
The failure of The Unfinished Group to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of The Unfinished Group and you as reflected in such provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against you or The Unfinished Group.
These Terms shall remain in full force and effect notwithstanding any termination of your use of the Us App.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Unfinished Group without restriction.
If you have any other questions or concerns regarding these Terms, please contact us at [email protected]