January 1, 2015
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern as to the respective party's relationship with you. In these instances, we will take steps to make the third party's terms available to you before you begin to use the service, feature, or functionality.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND UNRAPP WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must be at least 13 years old to use the Service.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service. For certain features or functionality offered by others or us through the Services, users must be at least 18 years old. Those Services may be subject to separate terms from third parties or us that contain these further age requirements. If you are under 18 and use those Services, you may be violating the third party's governing terms, which we deem a violation of these Terms as well. We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Unrapp prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all data you provide or provided to Unrapp upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other Unrapp users.
You are responsible for keeping your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You may not inject content or code or otherwise alter or interfere with the way any Unrapp page is rendered or displayed in a user's browser or device.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Unrapp.
You must not access Unrapp's private API by means other than those permitted by Unrapp.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications, commonly known as spam, to any Unrapp users.
We want users to enjoy our services. We ask that you use your best discretion when sending gifts and sharing response videos. Please do not send or post content that others would not typically wish to view and or receive.
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Unrapp is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to Unrapp, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content. Without limiting the foregoing, when you submit User Content to Unrapp in connection with our Feed and other crowd-sourced Content, you agree that the User Content License accords Unrapp the right to sublicense such User Content to other companies, organizations, or individuals in connection with the syndication, broadcast, distribution, promotion, or publication of our Feed and other crowd-sourced content in any and all media or distribution methods, now known or later developed. No use of User Content, including without limitation, our Feed and other crowd-sourced content, in accordance with the User Content License shall entitle you to any compensation from Unrapp, or any other companies, organizations, or individuals.
You agree that any feedback, suggestions, ideas, or other information or materials regarding Unrapp or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of Unrapp. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Unrapp account by logging into the Service and completing the form available here: www.unrapp.com If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been re-shared by others).
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username for any reason.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Unrapp is not responsible or liable for the conduct of any user. Unrapp reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Unrapp does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Unrapp is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Unrapp has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Unrapp Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Unrapp's express consent).
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Unrapp may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
The Service contains content owned or licensed by Unrapp ("Unrapp Content"). Unrapp Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Unrapp, Unrapp owns and retains all rights in the Unrapp Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Unrapp Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Unrapp Content.
The Unrapp name and logo are trademarks of Unrapp, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Unrapp, except in accordance with our brand guidelines, available here: www.unrapp.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Unrapp, and may not be copied, imitated or used, in whole or in part, without prior written permission from Unrapp.
Although it is Unrapp's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Unrapp reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Unrapp, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Unrapp encourages you to maintain your own backup of your Content. In other words, Unrapp is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Unrapp will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
It is Unrapp's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Unrapp does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Unrapp is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Unrapp Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Unrapp Content may violate such laws and these Terms. Except as expressly provided in these Terms, Unrapp does not grant any express or implied rights to use Unrapp Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Unrapp Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Unrapp Content. This license is revocable at any time. This license is subject to these Terms and does not include:
The distribution, public performance, or public display of Unrapp Content;
Modifying or otherwise making any derivative uses of the Services or Unrapp Content, or any portion thereof;
Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
Downloading (other than page caching) any portion of the Services, Unrapp Content, or any information contained therein, except as expressly permitted on the Services;
Accessing the Unrapp API with an unauthorized or third-party client; and
Any use of the Services or Unrapp Content other than for their intended purposes.
Any use of the Services or Unrapp Content other than as specifically authorized in these Terms, without the prior written permission of Unrapp, is strictly prohibited and will terminate the license to use Unrapp granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Compromise the security of the Services;
Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
Use or attempt to use another user's account without authorization;
Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
Engage in any harassing, intimidating, predatory, or stalking conduct;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual's consent;
Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Unrapp account, Feed Content, Messages, an Unrapp username, or a friend link without Unrapp's prior written consent;
Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Unrapp, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting Unrapp usernames in app store reviews is strictly prohibited and may result in us deleting your Unrapp account.
We respect other people's rights, and expect you to do the same.
We provide you with tools to help you protect your intellectual property rights.
After opening a Unrapp account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients that attempt to access the Unrapp API. If you use any such application or client, you acknowledge and agree that Unrapp will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
When you first create an Unrapp account, we ask for your mobile number to verify your account. Please be aware that your carrier's text messaging and data fees apply for mobile number verification. Your phone number is used to that you can be found within our network by other users that have your phone number listed in their contacts.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
Unrapp respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Unrapp becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user's account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:
Attn: Unrapp Support
2228 NE 2nd Street
Pompano Beach, FL 22062
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Unrapp to locate the material.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Unrapp to locate the material.
The copyright owner, its agent, or the law does not authorize a statement that the complaining party has a good faith belief that use of the material in the manner complained of.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE SERVICES AND THE UNRAPP CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE UNRAPP ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
Note to International Users
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless Unrapp, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the "Unrapp Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability
Except where prohibited by law, in no event will Unrapp or the Unrapp Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Unrapp has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Unrapp for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Unrapp is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Unrapp's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH UNRAPP, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Unrapp that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"), except that you and Unrapp are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Unrapp, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Unrapp, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Unrapp.
Waiver of Jury Trial. YOU AND UNRAPP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Unrapp in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND UNRAPP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated ActionsALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Los Angeles County, California.
Confidentiality.No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive.Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Small Claims Court. Notwithstanding the foregoing, either you or Unrapp may bring an individual action in small claims court.
Courts.In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, for such purpose.
Survival.This Arbitration Agreement will survive the termination of your relationship with Unrapp.
4) Forum and Venue
A lawsuit, if any, by you or Unrapp against the other will occur in state or federal court in Los Angeles County, California. You and Unrapp agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and Unrapp will be governed by these Terms and the laws of the State of Californiaand applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Unrapp. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Unrapp account.
Questions and Comments
Unrapp welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting www.unrapp.com
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, UNRAPP CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER UNRAPP NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "UNRAPP PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE UNRAPP CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO UNRAPP OR VIA THE SERVICE. IN ADDITION, THE UNRAPP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE UNRAPP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE UNRAPP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE UNRAPP CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE UNRAPP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE UNRAPP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE UNRAPP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE UNRAPP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF UNRAPP'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE UNRAPP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE UNRAPP PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
UNRAPP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Unrapp must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Unrapp to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Unrapp provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Terms of Sale
Terms of Sale
(a) In General
Third party merchants provide descriptions of the Merchant Offerings and Products advertised on Unrapp or other referenced third parties. Unrapp does not investigate or vet Merchants, and Unrapp is not responsible for any performance or quality claims associated with the description of the Merchant Offerings or Products. Pricing relating to Merchant Offerings and Products on Unrapp may change at any time inUnrapp's discretion without notice.
A Merchant may advertise goods, services or experiences on Unrapp, or with respect to Products, supply Products to Unrapp, that require Merchant to have an up-to-date regulatory authorization, license, or certification. Unrapp does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including but not limited to, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering or Product to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.
Unrapp is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on Unrapp. Unrapp is not a substitute for professional advice, including medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on Unrapp.
If an offer becomes unavailable between ordering and processing, Unrapp will either cancel or not process the order and will notify you by email.
Unrapp does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Unrapp reserves the right, in its sole discretion, to not process or to cancel any orders placed, if the price was incorrectly posted on Unrapp. If this occurs, Unrapp will notify you by email. In addition, Unrapp reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
( b) Vouchers
Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Unrapp and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.
The Merchant is the sole issuer of the Voucher. If a Merchant or venue refuses to honor any Voucher, Unrapp will refund the amount paid upon request in the original form of payment or will credit the Unrapp account of the purchaser with an equivalent number of UnrappVouchers. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Vouchers is prohibited. Pricing relating to Merchant Offerings and Products on Unrapp may change at any time in Unrapp's discretion, without notice.
Any offer that features alcohol will contain information about shipping and other restrictions. Visit the buying FAQ for information about Unrapp's tax policies. Frequently asked questions about Unrapp's shipping policies are available here.
• Additional terms applicable to traditional Vouchers. A traditional Voucher is any Voucher other than a Coupon, ticket, a Local Pick-Up Voucher (described below), or a Voucher redeemable for ticketed event. A traditional Voucher has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $20 for a Voucher that entitles you to $50 of goods, services or experiences from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded) and the promotional value is $30 (this amount expires on the date stated on the Voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the Voucher for at least the amount paid, even after the promotional value has expired. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Vouchers are not reloadable, meaning that the amount paid of the Voucher cannot be increased, but are fully transferrable.
• Additional terms for Tickskiand Vouchers.
? Tickets and Vouchers. Some Vouchers are Unrapp-brand tickets or Vouchers redeemable for a ticket for admission to a specific ticketed event at a named venue, sometimes branded as "Tickski." Tickskis, UnrappLiveVouchers and certain other Vouchers redeemable for tickets or admission to events ("Tickskis and Vouchers") have no value once the event date and time has passed. Unless otherwise stated, Tickskis and Vouchers are refundable to the purchaser in the original form of payment ONLY: (i) upon request until midnight on the day of purchase, (ii) automatically if the event is canceled and not rescheduled, and (iii) upon request if the event is rescheduled. Tickskis and Vouchers are sold inclusive of all taxes and additional fees unless otherwise noted and may not be combined with other offers. Tickskis and Vouchers do not include any applicable gratuity. Unless a specific exception is made, Tickskis and Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Tickskis and Vouchers obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
? Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission, ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue's rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Tickskis and Voucher are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Unrapp, the venue, the issuer of the tickets and all of their respective affiliates, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture or reproduction of any event for which you purchase Tickskis and Vouchers. You agree that any event for which you purchase Tickskis and Vouchers are public events, that your appearance and actions inside and outside the venue where the event occurs are public in nature and that you have no expectation of privacy with regard to your actions or conduct at the event.
• Additional terms for Unrapp Local Products ("Local Pick-up" and "Local Shipping"). For some deals, Unrapp will provide you with two options for receipt of your goods: Local Pick-up and Local Shipping. Options may vary based on a specific deal. The local Merchant selling these goods retains all legal title for the goods sold. All deals are subject to the local Merchant's related terms and conditions, including the applicable return policy. Taxes and fees are included in the purchase price.
? Local Pick-up. When you opt to purchase a Voucher with Local Pick-up you agree to pick-up the good at the local store listed on the Voucher and deal page. Information about store hours, locations, and contact information is available on the Voucher. A Voucher for Local Pick-up is different than a traditional UnrappVoucher, a ticket, or a Voucher redeemable for a ticketed event, in each case, a Voucher that is redeemable for a specific good or service. Local Pick-up Vouchers are redeemable at the physical store location for in store pick-up as identified on the Local Pick-up Voucher and expire on a date certain when the goods are no longer available for pick-up. Unrapp will automatically refund you if you are unable to redeem your Voucher before the expiration date.
? Local Shipping. When you purchase a deal with Local Shipping you agree to receive goods by shipment to the address you provide. Following your purchase, no further action is required. The local Merchant selling the goods will ship the goods directly to you.
(c) Trips or Vacation Deals ("Tripski")
Tripski that you purchase through Unrapp are subject to the terms below:
• Tripski Deal. An UnrappTripskiDeal is anUnrapp-facilitated hotel or travel package at a named Merchant available for purchase for a limited period of time ("TripskiDeal"). Unless otherwise specified, a Tripski Deal is non-transferrable. A TripskiDeal may not be sold, auctioned, or bartered. Cancellations to Tripski Deals may only be made through Unrapp through the deadline specified in the fine print and details of the Tripski Deal. Cancellations to any Tripski Deal after the cancellation deadline and modifications to the traveler's name are at the discretion of the Merchant and not Unrapp. Unrapp does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant's discretion. Unrapp strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require and violation of such additional rules and restrictions may result in additional charges and the cancellation of your TripskiDeal.
• There are two types of Tripski Flash Deals:
? A TripskiVoucher is a Voucher for a specified length of stay and room type that may be booked for a pre-defined range of dates at a named Merchant property ("TripskiVoucher"). The promotional value of a TripskiVoucher will EXPIRE on the book by date specified on the face of the TripskiVoucher, unless prohibited by law. The promotional value cannot be combined with other offers. Travel must be booked by the book-by-date by directly contacting the Merchant, and all travel must be completed by the travel by date specified on the TripskiVoucher. The amount paid WILL NEVER EXPIRE. After the promotional value has expired, the Merchant is responsible for permitting you to redeem the TripskiVoucher for at least the amount paid towards the advertised experience of the Tripski Deal. If the Merchant refuses to honor the TripskiVoucher, Unrapp will refund the amount paid upon request in the original form of payment, or will credit the Unrapp account of the purchaser with an equivalent number of Unrapp Bucks for future purchases on Unrapp. TripskiVouchers are not valid for existing reservations or for group bookings. TripskiVouchers are not reloadable. TripskiVouchers are fully transferable. Unless otherwise specified, TripskiVouchers exclude all taxes and any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
? A Tripski booking is a travel reservation for a specific check-in date, length of stay, and room type at a named Merchant property ("Tripski Bookings"). Tripski Bookings have no value once the check-in date has passed. Amounts displayed in the "Taxes and Fees" line include tax that Unrapp collects as an agent on behalf of the Merchant. Such taxes are transferred to the Merchant for payment to the appropriate taxing authority. In addition, the "Taxes and Fees" line may include a fee we charge and retain in exchange for the services we provide in facilitating your transaction with the Merchant. Our service fees vary based on the amount and type of Tripski Bookings. Unrapp will apply tax to the service fee, where applicable. You may also incur other charges collected by Unrapp at check-out which will be clearly noted in the Tripski Deal terms such as, but not limited to, hotel resort fees, cleaning fees, parking fees, and/or pet fees. Unless otherwise specified, Tripski Bookings expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
• Tripski Market Pick hotels. A Tripski Market Pick hotel is a reservation for a specific check-in date