You agree that we may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with Unplugged. If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have the full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Website on behalf of your employer or other entity. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are a resident or from which you use the Website.
We may, in our sole discretion, refuse to offer our services to any person or entity. We further may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.
The use of any of Unplugged’s applications (including some features related to the applications that are available through the Website, such as UP Messenger Web), shall be governed by the End User License Agreement (EULA) and applicable terms of such services.
Grant of License
Subject to your agreement and compliance with these Terms, Unplugged grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Website. Use of the Website shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Website is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Website shall immediately terminate, and you shall immediately refrain from using the Website. If the Website or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Website and must refrain from using the Website.
Our Website is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining, or extraction tools of any type in connection with any content or information, software, products or services available through our Website for any commercial or competitive activity or purpose, without obtaining Unplugged’s prior written consent.
Access to the Website
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. Unplugged does not provide you with the equipment to access and/or use our Website. Unplugged cannot guarantee that the Website will always function without disruptions, delays, or errors. Several factors may impact the quality of your communications and use of the Website and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. Unplugged takes no responsibility for any disruption, interruption, or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).
Rules of Conduct and Usage
You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, and ordinances that govern your use of the Website and/or the transmission of technical data exported from the country in which you reside. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, Unplugged or other users and that you shall not act in bad faith in your use of the Website. If Unplugged determines that you have acted in bad faith and/or in violation of these Terms, or if Unplugged determines that your actions fall outside of reasonable community standards, Unplugged may, at its sole discretion, prohibit you from using the Website. You agree that your use of the Website shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
(i). Access the Website if you are barred under the provisions of these Terms or any applicable law;
(iii). Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Unplugged or by applicable statutory law), modify or alter any part of the Website;
(iv). Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website or the computers of other users of the Website;
(v). Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;
(vi). Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(vii). Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information;
(viii). Upload or transmit (or attempt to upload or to transmit), without Unplugged's express consent, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
(ix). Improperly use support channels or complaint buttons to make false reports to Unplugged;
(x). Develop and distribute "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
(xi). Encourage any third party to: (i) directly or indirectly generate usage, queries, impressions, or clicks through any automated, deceptive, fraudulent or other invalid means; (ii) edit or modify any tag, or remove, obscure or minimize any tag in any way; or (iii) engage in any action or practice that reflects poorly on Unplugged or otherwise disparages or devalues Unplugged’s reputation or goodwill;
(xii). Make representations with respect to Unplugged not approved in advance and in writing by Unplugged. You shall obtain Unplugged’s prior written approval to the content of any marketing message, and with respect to any use of Unplugged’s trade name and/or trademarks and/or designs in connection with the Website;
(xiii). Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
(xiv). Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website;
(xv). Attempt to use the Website on or through any service that is not authorized by Unplugged. Any such use is at your own risk and may subject you to additional or different terms. Unplugged takes no responsibility for your use of the Website through any service that is not authorized by it;
(xvi). Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; and/or
(xvii). Interfere with the ability of others to enjoy using the Website, including disruption, overburden or aid the disruption or overburdening of the Website’s servers, or take actions that interfere with or materially increase the cost to provide the Website for the enjoyment of all its users.
The Website may contain links to other websites, applications or resources (the "Linked Sites"). The Linked Sites are not under the control of Unplugged and Unplugged is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Unplugged is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Unplugged of the site or any association with its operators. You acknowledge and agree that Unplugged will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Website available on or through any such site or resource.
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Website, whether by email or otherwise (collectively, "Feedback"), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Unplugged is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Unplugged is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Disclaimers; Limitation of Liability; Indemnification
You acknowledge and agree that your use of or access to the Website and/or any materials and/or services, if any, offered by Unplugged shall be at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Website or any part thereof. To the fullest extent permitted by law, Unplugged, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
You agree that your use of the Website shall be at your sole risk. Unplugged makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, of any Third Party Materials and assumes no liability or responsibility for any:
(i). Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
(ii). Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
(iii). Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
(iv). Any interruption or cessation of transmission to or from the Website;
(v). Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; or
(vi). Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL UNPLUGGED BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UNPLUGGED HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT UNPLUGGED SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. UNPLUGGED’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED US$ 1. IN THIS SECTION, UNPLUGGED SHALL MEAN UNPLUGGED AND ITS AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES.
The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by Unplugged. You agree to indemnify and hold Unplugged, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
(i). Your use of and access to the Website;
(ii). Your violation of any term of these Terms;
(iii). Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv). Any claim that any user submission made by you has caused damage to a third party; or
Notices to you may be made via the Website and/or e-mail. Unplugged may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures, and any other communications that Unplugged provides as aforementioned satisfy any legal requirement that such communications be in writing.
By using or visiting the Website, you agree that the laws of Cyprus, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Unplugged. Any claim or dispute between you and Unplugged that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Cyprus, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts of Cyprus. Unplugged reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND UNPLUGGED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For any questions about these Terms or any other issue regarding Unplugged or the Website please contact us at: email@example.com
Last update: May 18, 2022
All rights reserved, Unplugged Systems Ltd.