TERMS OF SERVICE
Last Updated May, 2016
UNIFYme.tv is a full-service media distributor, offering the greatest selection of DVDs, Blu-rays, and Audiobooks, exclusively for the private home use of customers who sign up for a monthly membership fee, elect to purchase an item through our website. Customers who elect to store their content in the UNIFY vault can view their DVD on the UNIFY Streaming Player provided they utilize UNIFYFamilyFilter™.
We believe that entertainment provides a door to a world of education and discovery, and through our products and services, we aim to help families keep that door wide-open.
UNIFYme is dedicated to providing positive family images to the world. In pursuit of that goal we have designed a web marketplace to allow families greater control over what and how they view content. The following information outlines the Terms of Service for using UNIFYme.tv.
Here are some standard definitions for words (and trademarks owned by UNIFYme) commonly used at UNIFY™
Customer – A User
Filtered Video Content – Video Content (defined below) that has been filtered using the UNIFYFamilyFilter™ (defined below) associated with the Video Content.
Physical Media – DVD
Product – Products, services, and memberships sold or made available on www.UNIFYme.tv. “Products” include, but are not limited to, UNIFYFamilyFilter™, streaming services, and physical media, including DVDs that may be sold or made available through UNIFYme.tv.
Purchase Price – The amount UNIFYme charges for the purchase of a given piece of physical media.
SD – Standard Definition DVD Content
Sellback Price – The value of instant credit applied to Your UNIFYme Account if You return a DVD by reselling it to UNIFY. [THE SELLBACK PRICE IS THE PURCHASE PRICE REDUCED BY $0.01.]
Services – Any service or Product offered or made available from UNIFYme through the Site.
Site – www.UNIFYme.tv.
Site Content – The content, information, text, images, graphics, interfaces, audio and video clips, and any other materials displayed or found on the Site.
Third-Party Website – A website that is not owned or controlled by UNIFYme.
User – Anyone using UNIFYme’s service is a User. The following permission levels are available for Users:
Viewer – can access UNIFYFamilyFilter™ and create filters during Video Content playback.
Tagger – creates UNIFYFamilyFilter™.
Reviewer – Reviews UNIFYFamilyFilter™ for mistakes and makes corrections.
Publisher – Preps, polishes, and publishes UNIFYFamilyFilter™ to UNIFYme.tv.
UNIFY Credit – A currency for buying and selling Products through this Site.
UNIFY – UNIFYme.tv, LLC., the owner and operator of this Site.
UNIFY Parties – UNIFY’s affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns.
UNIFY Referrals – A program to encourage Users, through UNIFY Credit incentives, to invite and refer others to use UNIFY Services.
UNIFY Content – Video made available for filtering and streaming through this Site. Most, if not all, Video Content is copyright protected.
UNIFYFamilyFilter™ – Collection of UNIFYFamilyFilters™ that describes the content of Video Content. A UNIFYFamilyFilter is analogous to a review of the video content.
UNIFYFamilyFilter™ – Short description of a Video clip with a start time, end time, and at least one category (Alcohol/Drugs, Profane/Crude Language, Sex/Nudity, Violence and Other Elements). UNIFYFamilyFilters are also assigned to a sub-category associated with the chosen category (e.g. Graphic Violence, Implied Violence, etc.). The categories and subcategories for a given UNIFYFamilyFilter will be displayed on the filter settings section of the Video Content page of the website or app. There are five types of UNIFYFamilyFilters:
Audio – refers to potentially offensive audio content
Visual – refers to potentially offensive visual content (audio still important)
Audiovisual (AV) – refers to both potentially offensive visual and audio content
Warning – used to flag content that is crucial to understanding the video but that may be offensive to viewers
Highlight – used to mark the best content
You, Your, or Customer – A User.
2. LEGALLY BINDING AGREEMENT
THESE TERMS OF SERVICE FORM A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU AND UNIFYME.TV, LLC. (“UNIFY”), THE OWNER AND OPERATOR OF THIS SITE. THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THIS SITE AND YOUR PURCHASE OF THE PRODUCTS SOLD OR MADE AVAILABLE ON THIS SITE. BY ACCESSING AND USING THIS SITE, YOU ACCEPT AND AGREE TO COMPLY WITH THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE SET FORTH HEREIN, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THIS SITE OR PURCHASE PRODUCTS FROM THIS SITE.
3. MINIMUM AGE REQUIREMENT
By using this Site, You represent, acknowledge, and confirm that You are at least 18 years of age or, if You are under 18 years of age but are at least 13 years old, that You are using this Site with the consent of Your parent[s] or legal guardian and that You have received permission from Your parent[s] or legal guardian to enter into this Agreement. If You are a parent or legal guardian using this Site for a child, You hereby agree to bind Your child to this Agreement and to fully indemnify and hold harmless UNIFY if Your child breaches or disaffirms any term or condition of this Agreement.
4 - CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
4.1 – CHANGES TO TERMS
UNIFY may add to, change, or remove any part of this Site, including, without limitation, any Site Content at any time without prior notice to You. UNIFY also reserves the right to modify this Agreement at any time. Should UNIFY modify the terms of the Agreement, UNIFY will revise the “Last updated” date at the top of the Agreement and will prominently post a notice of any such modification on this Site for a reasonable time and/or will send You e-mail notification of any such modification. UNIFY encourages You to review this Agreement whenever You visit the Site. By continuing to access and use this Site after any such modifications have been posted, You are indicating Your acceptance of such modifications, even if You have not reviewed those modifications.
4.2 – PERSONAL INFORMATION/PRIVACY
5 – RESPECT FOR COPYRIGHTS; USE OF UNIFY’S SERVICES; PASSWORDS; USE OF SITE
5.1 – RESPECT FOR COPYRIGHTS
Through its Site, UNIFY provides Products and Services including, but not limited to streaming of Filtered Video Content, buying and selling of media containing Video Content, and shipping and handling of media containing Video Content. Most, if not all, of the Video Content available through this Site is copyright protected. The copyright to the Video Content is, in general, owned by third parties who have produced the Video Content or otherwise acquired copyrights associated with the Video Content. Without these third-party content creators, there would be no Video Content for UNIFY Users to enjoy. UNIFY is committed to protecting the rights of all third-party copyright holders whose works it makes available for Your enjoyment. As provided in detail below, any use of UNIFY Services in violation of the rights of its third-party Video Content copyright holders will result in the termination of Your rights and privileges to use UNIFY Services.
5.2 USE OF UNIFY’S SERVICES
UNIFY provides a service that allows its Users to buy or sell physical media, such as DVDs. While a User owns any physical media purchased from UNIFY, UNIFY will provide our proprietary filtering software and a streaming service to permit the User to stream the Video Content associated with that physical media as many times as desired. Although a User owning physical media may stream the associated Video Content on demand as frequently as desired, a User is limited to streaming via only one device (e.g., smartphone, laptop, tablet, etc.) at a time, and only for private home viewing. A User may, however, stream to different devices at different times, provided the User owns the associated UNIFY-supplied physical media at the time of streaming.
Using the UNIFY Services, a User may purchase physical media from UNIFY, whom then stores the physical media in UNIFY’s physical media vault. UNIFY provides a Sellback service. At the time of a User’s purchase, UNIFY provides a Sellback Price, which is the price UNIFY will pay to re-purchase the physical media from the User. The Sellback Price is noted at the time of purchase, prior to the User taking ownership of any physical media. When a User re-sells the physical media to UNIFY, the User receives UNIFY credits equivalent to the amount of the Sellback price (Sellback Price of $19.99 = 1999 credits.
UNIFY provides filtering services in connection with streaming Video Content. A User owning physical media must use UNIFY’s filtering service to permit the streaming of Filtered Video Content to the User’s device. UNIFY utilizes both a manual and a crowdsourcing filtering paradigm, through which Users map Video Content by tagging potentially filterable elements or segments. A User who may tag offensive or otherwise filterable Audio, Visual, Highlight, Warning or Audiovisual content is called a Tagger. Each tagging action results in a UNIFYFamilyFilter™. A Tagger is also a User with privileges to combine individual UNIFYFamilyFilters™ into a UNIFYFamilyFilter™, which is a collection of UNIFYFamilyFilters™ associated with Video Content. Two other User types, Reviewer and Publisher, refine and publish UNIFYFamilyFilters™. When a UNIFYFamilyFilter™ has been published through the Site, a User who owns physical media purchased from UNIFY may choose to customize the application of a UNIFYFamilyFilter™ (selecting the elements or categories of elements to filter) to Video Content associated with physical media purchased from UNIFY. As with all
UNIFY also provides shipping and handling service that allows any User to direct UNIFY to ship, to an address identified by the User, any physical media the User owns which is stored in UNIFY’s physical media storage vault. A reasonable shipping and handling fee applies. The amount of the shipping and handling fee, which is generally dependent on shipping location, time, and other shipping and handling circumstances, is disclosed to a User when the User requests the shipping.
5.3 – PASSWORDS
You are responsible for maintaining the confidentiality of Your passwords, and You are responsible for all activities that occur using Your passwords. You agree to not share Your passwords, let anyone else access Your passwords, or do anything else that might jeopardize the security of Your passwords. You agree to notify UNIFY of any unauthorized use of Your password on this Site or if You know of any other breach of security in relation to this Site.
5.4 – USE OF SITE
Subject to Your compliance with this Agreement, UNIFY hereby grants to You a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the Site Content, solely for Your personal, non-commercial use. You may not copy, modify, reproduce, publicly display, perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Site Content. If You breach any term of this Agreement, Your authorization to use the Site and Site Content may automatically terminate without notice to You.
You hereby represent and warrant that You will not yourself, and will not induce any third party to, (a) attempt to disable or circumvent any security mechanisms used by the Site or incorporated into the Site Content, or otherwise attempt to gain unauthorized access to any portion of the Site or Site Content, any systems or networks connected to the Site, or any server of UNIFY or its third-party service providers, by hacking, password “mining,” or engaging in any other illegal means; (b) use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and functioning of the Site or with any other person’s use of the Site; (d) track or seek to trace any information supplied by or related to any other person who visits the Site; (e) use the Site or Site Content for, or in connection with, any illegal purpose, or to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Site and Site Content, or which may otherwise be applicable to the Site or Site Content.
6 – TERMS OF SALE
6.1 – SALES OF DVDs (MOVIES, TV SHOWS, CONCERTS, AND OTHER PRODUCTS) ARE TO END USERS ONLY
UNIFY facilitates buying and selling content, and provides filtering and streaming services for DVD content from the Site to Users. UNIFY may also sell physical Products or technologies to enhance its Users’ experience. Your use of purchased Products is limited by Copyright law and all other applicable laws. Except for physical Products, all Products, including associated rights and privileges, are personal and non-transferable unless otherwise required under applicable law.
6.2 – PRICING
Product Pricing (including applicable shipping and handling fees) is available on this Site. The Purchase Price that UNIFY will charge You for any Product will be the price posted on the Site when You purchase that Product. UNIFY reserves the right to change Product prices at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
6.3 – REFUND/CANCELLATION POLICY
If you are dissatisfied with the Membership for any reason UNIFY will cancel your membership. We do not refund the $5.99 monthly membership fee, but all cancellations are effective immediately. Upon cancellation all access to the UNIFY filtering software, DVDs in the UNIFY vault, and all UNIFY promotional credits are terminated. All UNIFY Credits will expire immediately upon your cancellation. Refund requests for DVD order requests to be mailed must be made directly to UNIFY at order@UNIFYme.tv. All refund requests on mail order DVDs must be made within thirty (30) days of the date of shipment to You by UNIFY. UNIFY is not liable for Products that are damaged or lost in transit from UNIFY.
Promptly following UNIFY’s receipt of Your request (typically within seven (7) to ten (10) business days), UNIFY will credit the amount You paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit or debit card You used to make the original purchase. Notwithstanding the foregoing, UNIFY does not control when any specific credit or debit card company processes a chargeback transaction. You are responsible for contacting Your card company if You have questions concerning the status of a chargeback.
UNIFY will not honor a refund request received by UNIFY more than thirty (30) days after the date of purchase, shipment, or digital delivery. UNIFY will not provide a refund for returned Products that are damaged by misuse, lack of care, mishandling, accident, abuse, or other abnormal use following UNIFY’s sale of that Product to You.
6.4 – PAYMENT METHODS
UNIFY accepts credit and debit card payments only. You agree to pay all fees charged to Your account based on UNIFY’s fees, charges, and billing terms in effect as shown on the payment page when purchasing Products from this Site. You are also responsible for paying any sales and use taxes, as well as shipping and handling fees, that apply to Your purchase of Products based on the shipping address you provide to UNIFY. By registering with UNIFY, You authorize UNIFY or its third-party payment-processing service provider to charge Your credit or debit card for any applicable taxes and fees. All payments shall be made by credit or debit card prior to shipping the Products. If You do not pay on time or if Your credit or debit card cannot be charged for any reason, UNIFY reserves the right to suspend or terminate Your account. All sales and payments will be in U.S. Dollars.
6.5 – SHIPPING AND PRODUCT ACCEPTANCE
Orders to ship a physical DVD usually ships within 3-4 weeks of completing the purchase process.
Shipping dates are estimates only. Shipments are sent using U.S. Postal Service Priority Mail or First-Class mail, Federal Express, or United Postal Service. The risk of loss and title for all Products purchased via the Site passes to You upon delivery of the Product to the carrier.
You can expect Your order to arrive within 28 business days in the United States, or 4-6 weeks internationally. Orders to deliver your DVD from our vault via our streaming player will be delivered digitally immediately following completion of the purchase process and setting of filters using the UNIFY Family Filter. For UNIFY Members who pre-set their Default Filters can stream their DVD from the UNIFY vault immediately upon completing their purchase or thereafter upon request while you own the Product.
7 – PROPRIETARY RIGHTS;
You hereby acknowledge and agree that UNIFY and/or its licensors, or holders of underlying copyrights in the Site Content, own all legal right, title, and interest in and to the Site and Site Content, including, without limitation, any and all intellectual property and other proprietary rights in the Site and Site Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
“UNIFY” and all “UNIFY” terms listed in the definitions are trademarks of UNIFY. Other trademarks, names and logos on the Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Site Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole and copyright-protected property of UNIFY. All rights not expressly granted herein are reserved. Except as otherwise permitted or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
8 – THIRD PARTY SITES; INDEMNIFICATION
8.1 – THIRD PARTY WEB SITES
8.2 – INDEMNIFICATION
You hereby agree to defend, indemnify, and hold harmless each of the UNIFY Parties from and against any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from Your breach of this Agreement, or otherwise arising from Your use or misuse of the Site, content, or Products.
9 – DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. UNIFY, ON BEHALF OF ITSELF AND “UNIFY PARTIES” (AS DEFINED ABOVE) (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT, OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT OR PRODUCTS.
THIS LIMITATION OF REMEDIES IS PART OF THE BARGAIN BETWEEN YOU AND UNIFY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNIFY OR ANY PERSON ON BEHALF OF UNIFY SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 9 SHALL EXCLUDE OR LIMIT THE UNIFY PARTIES’ WARRANTIES, REPRESENTATIONS, OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE SUCH WARRANTIES, REPRESENTATIONS, OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
10 – LIMITATION OF LIABILITY
10.1 – IN NO EVENT SHALL ANY UNIFY PARTY BE LIABLE TO YOU, OR TO ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, COVENANT OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A UNIFY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 – IF, NOTWITHSTANDING THE FOREGOING, ANY UNIFY PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, SITE CONTENT, OR PRODUCTS, THE RELEVANT UNIFY PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID UNIFY FOR THE PRODUCTS AT ISSUE, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED U.S. DOLLARS (U.S. $100).
10.3 – NOTHING IN THIS SECTION 10 SHALL EXCLUDE OR LIMIT ANY UNIFY PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH UNIFY PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW AND VENUE
11.1 –RESOLUTION OF DISPUTES; CLASS ACTION WAIVER
Most customer concerns can be resolved quickly and to a customer’s satisfaction by sending an e-mail message to UNIFY’s customer service department at contact@UNIFYme.tv.
In the unlikely event that UNIFY’s customer service department is unable to resolve a complaint You may have, to Your satisfaction (or if UNIFY has not been able to resolve Your dispute after attempting to do so informally), You and UNIFY each agree to resolve any dispute ARISING UNDER THIS AGREEMENT (OTHER THAN THOSE RELATED TO UNIFY’S ENFORCEMENT AND PROTECTION OF ITS INTELLECTUAL PROPERTY RIGHTS) through binding arbitration. This includes any claims against other parties related to services or products provided or billed to You at UNIFY’s direction or on its behalf (such as by UNIFY’s licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against us in the same proceeding.
You and UNIFY each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration laws apply (despite the choice of law provision in Section 8.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither You nor UNIFY has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
All disputes alleging breach of contract, breach of fiduciary duty, negligence, personal injury, intentional tort, or other tort, and relating in any way, directly or indirectly, to UNIFY will be arbitrated according to the rules of the American Arbitration Association (AAA), including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which You agree will be decided by the arbitrators, whose decision will be final and binding on You. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by Delaware law, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorney fees. If You prove that you are unable to afford the AAA fee, You agree to notify all persons against whom You have an arbitrable claim and give such persons the opportunity, individually and as a group, to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
11.2 – CHOICE OF LAW AND VENUE
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to the conflicts-of-laws rules of any state or jurisdiction. Foreign laws do not apply. Arbitration or court proceedings arising from or related in any way to this Agreement or the provision of Products or Services described or referred to herein must be in Wilmington, Delaware, which shall be the sole and exclusive jurisdiction and venue for any such proceeding. By purchasing any Service or Product from UNIFY, You expressly agree to the foregoing choice of jurisdiction and venue. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. However, any judicial proceedings brought to enforce an arbitration award made pursuant to this Section 11 may be brought where otherwise appropriate.
12 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
12.1 – ELECTRONIC COMMUNICATIONS
Whenever You visit UNIFY’s Site or send e-mail messages to UNIFY, You are communicating with us electronically, and you thereby consent to receive communications from us electronically. UNIFY will communicate with You by e-mail (if You have provided Your e-mail address to us), by posting notices on UNIFY’s Site, or by such other means as UNIFY may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that UNIFY provides to You electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
12.2– GENERAL TERMS
UNIFY may issue a warning, temporarily suspend, indefinitely suspend, or terminate any User’s right to use or access all or any part of the Site, including any account thereon, without notice, and for any reason in UNIFY’s sole discretion including, without limitation, breach of this Agreement and/or violation of the Terms of Service, as well as UNIFY’s belief that such access would violate any applicable law, rule, or regulation; be harmful to the interests of, or potentially cause financial loss or legal liability to, UNIFY or another User of the Site; or violate the rights of, or be harmful to, any of UNIFY’s third-party Video Content providers.
10. ACCEPTABLE USE POLICY
UNIFY is used by many people. UNIFY is proud of the trust they have placed in it to provide more choice in streaming video on the Web. In exchange, UNIFY trusts You to use its services responsibly.
You agree to not misuse the UNIFY Services. For example, You must not, and must not attempt to, use the services to do the following things:
probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, UNIFY (or our service providers’) computer systems;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
plant malware or otherwise use the Services to distribute malware;
access or search the Services by any means other than UNIFY’s publicly supported interfaces (for example, “scraping”);
send unsolicited communications, promotions, or advertisements, or spam;
send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
publish anything that is fraudulent, misleading, or infringes another’s rights;
promote or advertise products or services, other than UNIFY’s, without appropriate authorization;
impersonate or misrepresent your affiliation with any person or entity; abuse UNIFY referrals to get more credit for referrals than deserved; publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; violate the law in any way, or to violate the privacy of others, or to defame others.
14. LEAVING UNIFY
You may delete Your UNIFY account at any time and for any reason. UNIFY may revoke any of Your User Permissions at any time “without cause.”
As part of the process of leaving UNIFY, you agree that no portion of your monthly membership fee or Account Credits will be refunded or converted to cash.
Should You delete Your UNIFY account, all Your files will be deleted (not retained, as may happen with other Internet or data services), unless there is pending or threatened legal action that may involve Your data or files or unless they are subject to a “litigation hold” notice.
Effective Date: May 1, 2016
What Information Do We Collect About You and Why?
The information we collect from you enables us to fulfill your request for our Products – namely, to provide parental controls that enable you to filter swearing, sex, and violence from streaming video – to send you information or content in which you may be interested, and keep you abreast of any updates related to our Site. We also use this information to personalize and continually improve our Site and Products. Here are the types of information we gather:
Information We Collect Directly From You. You may browse our Site without registering. If you would like to place an order or request information from us, then we require you to register with us and become a member on our Site so that we can fulfill your request. To register with us, we request your name and email address. As a part of the registration process, we may ask you to select a password. In certain circumstances, such as when making a purchase, we will request that you provide your credit or debit card information and your billing and shipping address.
Information that We Collect About You from Facebook, Twitter, Yahoo, or Google. You may also log-in to our Site using your Facebook, Twitter, Yahoo, or Google account. These services control the information collected from you during the log-in process; UNIFYme does not control the information that the above mentioned services collect from you.
If you log-in to our Site using Facebook, Twitter, Yahoo, or Google, you must enter your respective login ID and password for that particular service. We will also ask that you grant us permission to (i) access and collect your basic information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have you have set to public on your account); (ii) send you email; (iii) post to your Wall; (iv) access posts in your news feed; and (v) access your Facebook, Twitter, Yahoo, or Google data at any time even if you are not using these services. Please note, if you allow UNIFYme to have access to this information, then UNIFYme will have access to this information even if you have chosen not to make that information public.
We may also use automated devices and applications, such as Google Analytics and Facebook Insights, to track usage of our Site. We may use the information gathered through these methods in anonymous or aggregated form to analyze ways to improve our Site. This information may also be associated with your username or email address and may be combined with other information, including personally identifiable information that we collect about you.
What About Cookies and Other Tracking Mechanisms?
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged in to the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
Persistent cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, which may be combined with other user information.
Third Party Cookies. We may also engage third parties to track and analyze non-personally and personally identifiable Site data. We use the data collected by such third parties to help us administer and improve the quality of the Site and to analyze Site usage. Such third parties may combine the information that we provide about you with other information that they have collected. This Policy does not cover such third parties’ use of the data.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable their web browsers’ ability to accept cookies will be able to browse the Site; however, some Site features may not function if you disable cookies.
Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) in order to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. In addition, you cannot control, delete, or disable the acceptance of Flash LSOs through your browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash cookies, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel“ and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel“ and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Site Analytics. As noted, we may use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Site, performance and user experiences.
Third-Party Ad Networks. We may use third parties such as network advertisers to serve advertisements on our Site. Please see the section “What About Third-Party Ad Networks?” below for additional information about our practices and your choices with regard to receiving such advertisements.
What About Third-Party Ad Networks?
How Do We Use Your Information?
We use the information that we gather about you for the following purposes:
– To fulfill your orders or otherwise provide Products to you, to communicate with you about your use of our Site, and for other customer service purposes.
– To fulfill any Subscriptions that you’ve opted in to receive.
– To respond to any inqiries you submit to us.
– To carry out or enforce a transaction or agreement with us.
– To operate and improve the Site.
– Where permitted by law, for marketing and promotional purposes; for example, we may use your information, such as your email address, to email you news and our newsletters, special offers, and promotions;.
– To better understand how users access and use our Site and Products, both on an aggregated and individualized basis, for the purposes of improving our Site and Products.
– We also may post to your Wall, access posts in your news feeds, and access your Facebook data when you are not logged into Facebook. We will use and access this information for the purposes described in this section and as discussed below.
– To better understand consumer usage rates of our products.
When and How Does UNIFYme Share Information It Receives?
We do not sell or rent our users’ personally identifiable information to third parties for their own marketing purposes. As discussed in this Policy and described below, we may share your information, including personally identifiable information, with third parties to assist us with our own marketing efforts and to assist us in operating our Site and fulfilling your Products.
– Affiliates and Third Party Marketing Partners. We may disclose the information we collect from you to our affiliates and marketing partners so that they may send you information and offers about select products and services that may interest you.
– Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf, including with third parties that will assist us in processing payments, fulfilling your order, and otherwise assisting us in maintaining our Site. We also may share your information with third parties to facilitate the sign-in process through third party social networking websites.
– Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
– In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
– To Protect UNIFYme and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Service or this Policy.
– Aggregate and Anonymized Information. We may share aggregate or anonymized information about users with third parties for marketing, advertising, research or similar purposes.
Third Party Links
Our Site may contain links to other third party websites. Any access to and use of such linked websites is not governed by this Policy, but, instead, is governed by the privacy policies of those third party websites, and we are not responsible for the information practices of such third party websites.
How Secure Is Information About Me?
We have implemented commercially reasonable precautions, including, where appropriate, password protection, encryption, SSL, firewalls, and internal restrictions on who may access data to protect our Site and the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security all of the time.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a password that nobody else knows or can easily guess, and keeping your password private. Also, you should never share your log-in information with others. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity. To change your Facebook, Twitter, Yahoo, or Google password, you must go to the respective service’s site and follow its procedures for changing your password.
Can I Access and Modify My Personal Information?
You may modify any personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site for a period of time.
What Choices Do I Have?
We may send periodic emails to interested users regarding various promotions or other information that we believe may be of interest to our users. If we send you any news and newsletters, special offers, promotions or other information we think may interest you, you may tell us to stop sending you such e-mail communications by following the opt-out instructions contained in any such e-mail. Please note that it may take up to 10 days for us to process opt-out requests. Further, if you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or Products you have received from us.
As noted above, to adjust the types of information about you that we receive from Facebook, you must change your Facebook account settings directly through Facebook.
Children Under 13
Our Site is not designed for children under 13. We do not knowingly collect information from children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
Special Information for California Consumers
Terms of Service
Your use of our Site and Products, as well as any dispute over privacy, is subject to this Policy and our Terms of Service, including applicable limitations on liability and damages and the resolution of disputes.
How to Contact Us About Privacy
If you have questions about the privacy aspects of our Site or would like to make a complaint, please contact us contact@UNIFYme.tv
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to our Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.