These terms of service and license (the TERMS) set forth the legal terms and conditions relating to the services and products provided via the website unblu.com (the WEBSITE) owned by unblu inc., a Swiss company being located at the address
Centralbahnplatz 10, 4051 Basel (UNBLU).
The WEBSITE is a service of UNBLU and any software or data (the PRODUCT) downloadable from the WEBSITE is a product of UNBLU. By accessing and using the WEBSITE, by downloading the PRODUCT from the WEBSITE or obtaining the PRODUCT by other means, you agree to be bound by the TERMS. If you do not agree to the TERMS you may not use the WEBSITE or PRODUCT in any manner. You may not use the WEBSITE or PRODUCT if you are prohibited by law therefrom or you are not fully able and competent to enter into a binding contract with UNBLU. UNBLU reserves the right to limit or terminate your access to the WEBSITE if you do not comply with the TERMS.
UNBLU reserves the right to amend the TERMS at any time at its sole discretion. If the TERMS are amended a new version thereof is made available on the WEBSITE. Please check the TERMS periodically. Use of the WEBSITE or PRODUCT is subject to the most current version of the TERMS at the time of such use. Continued use of the WEBSITE or PRODUCT after issuance of a new version is deemed to be an agreement to the amendments comprised in the new version.
You are solely responsible for maintaining the confidentiality of your account and other sensitive information related to your use of the WEBSITE or PRODUCT. You are solely responsible for all activities that occur in your account and you agree to notify UNBLU immediately of any unauthorized use of your account. UNBLU is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your account, or otherwise.
You agree not to use, or to encourage or permit others to use, the WEBSITE or PRODUCT to make available any content or material that
i. is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory, obscene, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner, defamatory, libelous or invasive of another’s privacy or publicity rights;
ii. infringes any intellectual property right or other proprietary right of any party;
iii. you do not have a right to make available under any law or contractual or fiduciary relationship; or
iv. includes private information of any third-party, including, addresses, phone numbers, email addresses, and credit card numbers unless you have the explicit permission by said third-party.
You further agree not to use, or to encourage or permit others to use, the WEBSITE or PRODUCT to
i. violate any applicable laws or to initiate or promote any such violation;
ii. infringe any intellectual property right or other proprietary right of any party;
iii. stalk, intimidate and/or harass another;
iv. incite others to commit violence or to act unlawfully;
v. harm minors in any way;
vi. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
vii. collect or store any information about other users or members, other than in the normal course of using the WEBSITE for their intended purpose of facilitating voluntary communication;
viii. disguise the origin of any of content or materials;
ix. link to any third-party sites to the extent a permission is required by law;
x. engage in any junk or spam e-mailing or other duplicative or unsolicited messages (commercial or otherwise);
xi. make available software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
xii. damage, disable, overburden or impair any UNBLU server or servers hosted for UNBLU or the networks connected to any such servers;
xiii. interfere with, disrupt or otherwise cause harm to the WEBSITE or PRODUCT, violate any requirements, procedures, policies or regulations of networks connected to the WEBSITE, or engage in any activity prohibited by the TERMS;
xiv. modify, adapt, translate or reverse engineer the WEBSITE or PRODUCT;
xv. reproduce, sell, trade, resell, frame, reformate or exploit for any commercial purpose, any portion of the WEBSITE or PRODUCT;
xvi. use any robot, spider, site search/retrieval application, or other device to retrieve, index or interface with any portion of the WEBSITE; or
xvii. access or attempt to access any Material that you are not authorized to access. The WEBSITE and PRODUCT may be used to upload, share or record video, make comments and share other content or materials. Thereby, all such videos, comments and other content or materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the sending or publishing person. UNBLU is not responsible for pursuing an alleged or effective infringement of your copyrights or other intellectual property rights. However, UNBLU agrees to assist you in pursuing such infringement to a reasonable extent wherein you have to bear UNBLU’s costs involved therein. Without any obligation, UNBLU reserves the right to monitor or screen the content or materials posted and/or displayed or performed in the WEBSITE and to remove any content or materials in its sole discretion. Nevertheless, you remain solely responsible for the content or materials you record, upload, post, display or play back via the WEBSITE or PRODUCT and that you transmit in any of your communications using the WEBSITE or PRODUCT.
5. Responsibility for Third-Party Content
The WEBSITE and PRODUCT may act as a technical interface between users wherein UNBLU does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to UNBLU. UNBLU cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you, and that you use the WEBSITE or PRODUCT at your own risk.
6. International Use
The WEBSITE and PRODUCT can potentially be accessed from countries around the world and may contain references to services and products that are not available in all of these countries. These references do not imply that UNBLU intends to announce such services or products in these countries. All users of the WEBSITE or PRODUCT understand the potential cross-border nature of communications, and acknowledge that using the WEBSITE or PRODUCT may result in international transmission of data.
The WEBSITE is controlled and administered by UNBLU from its offices in Switzerland. UNBLU makes no representation that the WEBSITE or PRODUCT is appropriate or available for use outside of Switzerland. UNBLU reserves the right to block access to the WEBSITE or PRODUCT by certain international users. If you access the WEBSITE from a location outside Switzerland, then you are responsible for compliance with all local laws.
The WEBSITE and PRODUCT, and their selection and arrangement, are protected by intellectual property rights. Except as expressly provided in the TERMS or in an additional explicit agreement, UNBLU and its licensors do not grant any express or implied rights to use the WEBSITE or PRODUCT. All rights, title and interest in the WEBSITE and PRODUCT, in all languages, formats and media throughout the world, whether registered or not, are and will continue to be the exclusive property of UNBLU and/or its licensors and nothing in the TERMS shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.
Nothing in the TERMS gives you a right to use any of UNBLU’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Other than the limited license set forth in the TERMS, UNBLU acknowledges and agrees not to obtain any right, title or interest from you (or your licensors) under the TERMS in or to any content that submitted, posted, transmitted or displayed on, or through, the WEBSITE or PRODUCT, including any intellectual property rights which subsist in that content.
You acknowledge and agree that it is your sole responsibility to determine what limitations, if any, are placed on your content and materials. UNBLU does not monitor or control what others do with your content or materials, nor can UNBLU prevent them from adding to, modifying or adapting it. You agree that UNBLU has no liability of any kind should any third party use, modify, destroy, corrupt, copy or distribute your content or materials in violation of the limitations that you may impose on its use
It is your sole responsibility for any and all personal information that you or other users used and submitted in connection with the WEBSITE or PRODUCT. You shall comply with all data protection and privacy laws and rules applicable to personal information of other users or third parties.
Provided that you comply with the TERMS, UNBLU grants you a non-exclusive, non-transferable, non-sublicensable revocable right to access and use the WEBSITE and PRODUCT in the intended manner and for the intended purposes and to make available your content through the WEBSITE, subject to the following conditions:
i. You may not alter, modify, or re-transmit or create derivative works based on the WEBSITE or PRODUCT without UNBLU’s express consent.
ii. You may not lease, (sub)license, rent, distribute or sell the PRODUCT or the right to use and access the WEBSITE.
iii. You may not remove, obscure, or alter any proprietary rights notices which may be provided with the WEBSITE or PRODUCT.
iv. You may not copy or imitate part or all of the design, layout, or look-and-feel of the WEBSITE or PRODUCT.
v. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the WEBSITE or PRODUCT.
vi. You agree to use the WEBSITE and PRODUCT only as permitted by the TERMS.
vii. You acknowledge and agree that the PRODUCT and certain parts of the WEBSITE may be available only if you have paid a fee or have provided certain information. Such fees are assessed at the time of downloading the PRODUCT or of subscription to said parts of the WEBSITE. They are non-refundable and may change, e.g., at the end of a subscription period.
viii. You are responsible for paying all taxes and additional expenses involved in connection with the use, purchase and subscription of the WEBSITE and PRODUCT.
ix. You acknowledge and agree that the WEBSITE may be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond UNBLU’s control. UNBLU may modify or discontinue, temporarily or permanently, the WEBSITE or PRODUCT, or any portion thereof, with or without notice wherein you agree that UNBLU shall not be liable for doing so.
By submitting, posting, transmitting or displaying content and/or materials through the WEBSITE or PRODUCT you give UNBLU a perpetual, irrevocable, worldwide, royalty-free, sublicensable and non-exclusive license to reproduce, adapt, modify, translate, publish, transmit and distribute any content which you submit, post or display on or through the WEBSITE or PRODUCT. This license is for the sole purpose of enabling UNBLU to maintain, operate and provide the WEBISTE and PRODUCT. You confirm and warrant to UNBLU that you have all the rights, power and authority necessary to grant this license. You may revoke this license and terminate UNBLU’s rights at any time by removing your content or materials from the WEBSITE. However, you agree that UNBLU may retain and use copies of your content and materials for archival or “backup” purposes.
9. Links to Third-Party Websites
The WEBSITE and PRODUCT may contain links to third-party websites that are not under control of UNBLU. UNBLU is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. UNBLU is not responsible or liable for any loss or damage of any kind incurred as the result of any action with such third-party resulting from the presence such links on the WEBSITE. UNBLU is not responsible for any content, cookies, web beacons, or other technology used in connection with advertising embedded in third party content displayed on the WEBSITE.
Ownership and responsibility of the services provided by the third party website resides with the third party.
10. Warranties and Liability
In no event will UNBLU or its suppliers be liable to you for any damage, claims or costs whatsoever related to the WEBSITE or PRODUCT. Such damage, claims or costs particularly comprise any consequential, indirect or incidental damages, or any lost profits or savings. These limitations and exclusions apply to the extent permitted by applicable law. UNBLU particularly disclaims any and all responsibility or liability for the content, legality, reliability, or operability or availability of information or material displayed in or from the WEBSITE or PRODUCT including any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any content, software, information or other material. UNBLU disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website.
The WEBSITE and PRODUCT are provided as-is and as-available with no warranties whatsoever. UNBLU disclaims any warranties to the extent permitted by law. All express, implied and statutory warranties including, without limitation, the warranties of merchantability, suitability for a specific purpose and non-infringement proprietary rights, are expressly disclaimed to the extent permitted by law. In particular, UNBLU does not warrant providing you with uninterrupted, timely, secure or error-free use of the WEBSITE or PRODUCT and that use of the WEBSITE or PRODUCT does meet your requirements or needs.
You agree to indemnify, keep indemnified, defend, and hold UNBLU and its affiliates, officers, agents, co-branders, partners and employees harmless from any claim or demand made by any third party due to or arising out of your use of the WEBSITE or PRODUCT, your connection to the WEBSITE, your violation of the TERMS, or your violation of any rights of other users of the WEBSITE or PRODUCT. Any such indemnification shall include the payment of reasonable attorneys’ fees incurred in the defense of such claim. You are obliged to conduct the defense of any such claim upon UNBLU’s first demand and at your own cost and risk.
UNBLU shall as soon as reasonably practicable (i) notify you of any such claim, (ii) at its discretion permit you to conduct the defense of any such Claim to the extent not conflicting with UNBLU’s own legitimate interests, (iii) provide you, at your cost, with reasonable assistance to defend such claim, and (iv) consent to any in- or out-of-court settlement of such claim which, to UNBLU’s reasonable satisfaction, does not conflict with its own legitimate interests.
The initial service term of this agreement is 12 months. The service subscription will automatically renew for additional periods of 12 months, unless either party gives the other notice of non-renewal at least 90 days before the end of the relevant subscription term.
You may terminate UNBLU’s right to distribute, publicly perform and publicly display your content and materials by making it no longer available through the WEBSITE. Any fees paid by you prior to your termination are not refundable.
Termination of your use of the WEBSITE or PRODUCT shall not relieve you of any obligation to pay any accrued fees or charges.
UNBLU shall have the right to immediately terminate the agreement with you in case
i. of a breach of any of the provisions of the TERMS;
ii. that any material may violate, or is alleged to violate, any applicable law or the TERMS;
iii. of being required to do so by law;
iv. that, in UNBLU’s opinion, the provision of the WEBSITE or PRODUCT to you is no longer commercially viable;
v. that UNBLU has elected to discontinue the WEBSITE or PRODUCT or any part thereof.
The TERMS shall be governed by and construed in accordance with the substantive law of Switzerland; the application of the UN Convention on Contracts for the International Sale of Goods shall be excluded.
Any claim or dispute resulting out of or in conjunction with the TERMS must be submitted to the exclusive jurisdiction of the courts of Switzerland. However, UNBLU shall be entitled to submit any such claim or dispute against you to any competent court at your seat or domicile.
The English version of the TERMS will be the version used when interpreting or construing the agreement between you and UNBLU.
The TERMS constitute the entire agreement between UNBLU and you with respect to your use of the WEBSITE and PRODUCT unless another agreement between you and UNBLU explicitly overrules the TERMS.
You may not assign or otherwise transfer the TERMS, or any right granted hereunder, without UNBLU’s written consent.
UNBLU’s rights under the TERMS are transferable by UNBLU.
If for any reason any provision of the TERMS, or portion thereof, turns out to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the TERMS shall continue in full force and effect.
Any failure by UNBLU to enforce or exercise any provision of the TERMS, or any related right, shall not constitute a waiver of that provision or right.
You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using the WEBSITE or PRODUCT.
UNBLU reserves the right to reference your company name and company logo on its homepage and other marketing collateral. If you do not wish UNBLU to reference your organization, please notify us in writing.
All headings in the TERMS are for convenience only and have no legal or contractual effect.