Unwind is a mobile application to discover and share digital assets such as mobile applications, ebooks, music and movies . The services offered by Unwind ("Unwind" or "we") include the Unwind website (the " Unwind Website"), and any other features, content, or applications offered from time to time by Unwind in connection with the Unwind Website (collectively, the " Unwind Services"). The Unwind Services are hosted in the United States of America.
Unwind may modify this Agreement from time to time and such modification shall be effective upon posting by Unwind on the Unwind Website. You agree to be bound to any changes to this Agreement when you use the Unwind Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on Unwind and that you provide to other Users. Your Unwind profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Unwind Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Unwind assumes no responsibility or liability for this material. If you become aware of misuse of the Unwind Services by any person, please contact Unwind.
Unwind reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Unwind Services at any time, for any or no reason, with or without prior notice, and without liability. Unwind expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Unwind Services if Unwind determines, in its sole discretion, that you pose a threat to Unwind and/or its Users.
Use of and Membership in the Unwind Services is void where prohibited. By using the Unwind Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) At the time of reading this agreement, you agree that you are of the legal age to adhere to any contractual obligations, as per the local law of your country; and (d) your use of the Unwind Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 10 years of age.
This Agreement shall remain in full force and effect while you use the Unwind Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Unwind Home Settings page. Unwind may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Unwind immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Non-commercial Use by Members.
The Unwind Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Unwind. Illegal and/or unauthorized use of the Unwind Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Unwind Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Unwind Services.
5. Proprietary Rights in Content on Unwind.
1. Unwind does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Unwind Services. After posting your Content to the Unwind Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Unwind Services, you hereby grant to Unwind a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Unwind Services.
Without this license, Unwind would not be unable to provide the Unwind Services. For example, without the right to modify Member Content, Unwind would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Unwind could not allow Users to listen to music posted by Members. The license you grant to Unwind is non-exclusive (meaning you are free to license your Content to anyone else in addition to Unwind), fully-paid and royalty-free (meaning that Unwind is not required to pay you for the use on the Unwind Services of the Content that you post), sub licensable (so that Unwind is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Unwind Services), and worldwide (because the Internet and the Unwind Services are global in reach). This license will terminate at the time you remove your Content from the Unwind Services. The license does not grant Unwind the right to sell your Content, nor does the license grant Unwind the right to distribute your Content outside of the Unwind Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Unwind Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Unwind Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Unwind Services.
3. The Unwind Services contain Content of Unwind ("Unwind Content"). Unwind Content is protected by copyright, trademark, patent, trade secret and other laws, and Unwind owns and retains all rights in the Unwind Content and the Unwind Services. Unwind hereby grants you a limited, revocable, non-sub licensable license to reproduce and display the Unwind Content (excluding any software code) solely for your personal use in connection with viewing the Unwind Website and using the Unwind Services.
4. The Unwind Services contain Content of Users and other Unwind licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Unwind Services.
6. Content Posted.
1. Unwind may delete any Content that in the sole judgment of Unwind violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Unwind assumes no responsibility for monitoring the Unwind Services for inappropriate Content or conduct. If at any time Unwind chooses, in its sole discretion, to monitor the Unwind Services, Unwind nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Unwind Services, and any material or information that you transmit to other Members and for your interactions with other Users. Unwind does not endorse and has no control over the Content. Content is not necessarily reviewed by Unwind prior to posting and does not necessarily reflect the opinions or policies of Unwind. Unwind makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Unwind Services. Unwind reserves the right to investigate and take appropriate legal action against anyone who, in Unwind's sole discretion, violates this provision, including without limitation, removing the offending communication from the Unwind Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Unwind:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Unwind Website and through your use of the Unwind Services. Unwind reserves the right to investigate and take appropriate legal action against anyone who, in Unwind's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Unwind Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Unwind Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
3. covering or obscuring the banner advertisements on your personal profile page, or any Unwind page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Unwind Services or the networks or services connected to the Unwind Services;
6. attempting to impersonate another Member or person;
7. for band profiles, copying the code for your Unwind Player and embedding it into other profiles or asking other Members to embed it into their profiles;
8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9. selling or otherwise transferring your profile;
10. using any information obtained from the Unwind Services in order to harass, abuse, or harm another person;
11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Unwind Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; or
12. using the Unwind Services in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Unwind to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Unwind by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Unwind Services in a way that constitutes copyright infringement, please use the "May offend?" link to report it.
9. Member Disputes.
You are solely responsible for your interactions with other Unwind Members. Unwind reserves the right, but has no obligation, to monitor disputes between you and other Members.
Unwind is not responsible for any incorrect or inaccurate Content posted on the Unwind Website or in connection with the Unwind Services, whether caused by Users of the Unwind Services or by any of the equipment or programming associated with or utilized in the Unwind Services. Profiles created and posted by Members on the Unwind Website may contain links to other websites. Unwind is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Unwind. Inclusion of any linked website on the Unwind Services does not imply approval or endorsement of the linked website by Unwind. When you access these third-party sites, you do so at your own risk. Unwind takes no responsibility for third party advertisements which are posted on this Unwind Website or through the Unwind Services, nor does it take any responsibility for the goods or services provided by its advertisers. Unwind is not responsible for the conduct, whether online or offline, of any User of the Unwind Services. Unwind assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Unwind is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Unwind Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Unwind Services. Under no circumstances shall Unwind be responsible for any loss or damage, including personal injury or death, resulting from use of the Unwind Services, attendance at a Unwind event, from any Content posted on or through the Unwind Services, or from the conduct of any Users of the Unwind Services, whether online or offline. The Unwind Services are provided "AS-IS" and as available and Unwind expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Unwind cannot guarantee and does not promise any specific results from use of the Unwind Services.
12. Limitation on Liability.
IN NO EVENT SHALL UNWIND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF UNWIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNWIND'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UNWIND FOR THE UNWIND SERVICES DURING THE TERM OF MEMBERSHIP.
You agree to indemnify and hold Unwind, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys'' fees, made by any third party due to or arising out of your use of the Unwind Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Unwind Website or through the Unwind Services causes Unwind to be liable to another.
This Agreement is accepted upon your use of the Unwind Website or any of the Unwind Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Unwind regarding the use of the Unwind Services. The failure of Unwind to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
By becoming a Member of the Site/ Unwind Service, you agree to receive certain specific emails from unwindapp.com
You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or any thing which is in violation of this Agreement or any applicable law, you shall forthwith report such violation to Unwind by writing to team@Unwindapp.com On receipt of such complaint, Unwind may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a Member shall make such Member liable for appropriate legal action including but not limited to termination of his/her membership without any refund of the subscription fee.
Unwind is a trademark of Unwind App Inc.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org
with any questions regarding this Agreement.