Legacy Terms of Service US - November 2019
Legacy Terms of Service
Last Updated: November 7, 2019
The Service is operated by Unidays, Inc. which is located at 276 Fifth Avenue, Suite 900, New York, NY 10001.
- Service Overview. As part of the Services, We provide a suite of member-only incentives as well as a Platform that allows users to locate and obtain deals, exclusive offers, and interact and be inspired by the brands they love. From member-only incentives, giveaways, scholarship opportunities, exclusive content, polls and more -- UNiDAYS is a destination to make students' lives more valuable and rewarding. The Services are provided to Verified Students as a free service. As part of Our offerings, We work on your behalf to locate the best publicly available offers and to negotiate exclusive offers that are not available elsewhere from brands with whom We have partnered (“Partners”). We may receive a fee or commission from Our Partners, to sustain the Services as a free service for you, when you purchase or engage with these offers through the Platform.
- Accessing Our Services.
- Account Registration. To access most features of the Service, you must register and verify as a UNiDAYS member. When you register for an account, you may be required to provide Us with some information about yourself, such as your name, email address, gender, the institution you attend, course details and year of study. You agree to provide accurate and up-to-date information to Us at all times. When you register, you will be asked to create a secure password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You may not share your password with others, nor use your password to make purchases on someone else’s behalf. We accept no responsibility for any liability that arises in connection with the theft of your account details or password by any unauthorized third parties.
- Eligibility. In order to verify as a UNiDAYS member, you must be actively enrolled in a bachelor's degree, post-graduate degree, or equivalent Higher Education course at a relevant university or college, with a university or college email address. You must be at least 16 years old to use the Services and Our Platform. If you are under 16 years of age, you may not access or use the Service. If you are under 16 years of age, you may not access or use the Services. UNiDAYS may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You agree that you will not: (i) create an account for anyone other than yourself without such person’s explicit permission; (ii) create a username with the intent to impersonate another person; or (iii) create an account that is subject to any rights of a person other than you without appropriate authorization. By using the Services, you represent and warrant to Us that: (a) you are at least 16 years old; (b) you have not previously been suspended or removed from the Services; (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations; and (d) if you are 18 years old or over you confirm that you are fully able and competent to enter into these Terms and will comply with the Terms. UNiDAYS reserves the right, at its sole discretion, to refuse the registration of an account, or to cancel an account at any time. Please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, may still apply.
- Confidentiality and Security. Following registration with Us, you may choose or receive a user identification code, password, and/or any other information relating to Our security procedures and you must treat such information as confidential. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms including any other terms or policies referred to in these Terms. You should use particular caution when accessing your account from a device which is public, shared or belongs to someone else so that others are not able to view or record your password or other personal information. You are responsible for making all arrangements necessary for you to have access to Our Services. You are also responsible for ensuring that all persons who access Our Services through your internet connection are aware of these Terms, and that they comply with them. If you believe that your account is no longer secure, then you must immediately notify Us at firstname.lastname@example.org.
- Use of Our Service
- Limited License. Subject to your compliance with these Terms, UNiDAYS grants you, solely for your personal use, a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, and revocable license to: (a) install and use an object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Service for lawful and internal purposes. You shall not sell, license, rent, or otherwise use or exploit any part of the Service or content contained therein for commercial use (whether or not for profit) or in any way that violates any third party right.
- Partner Programs. Accessing certain Partner content (including offers, competitions, scholarships, polls, surveys, and other informational materials) (“Content”) automatically enrolls you in the Partner’s program. Partners may use the Platform to share Content or offers with you through your in-app inbox. We shall not be responsible for any Partner programs or Content, and you may opt-out of receiving such Content at any time by opting-out within the Platform.
- Promotional Printing. You may download or print one copy of any promotion from the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- Limited Linking. You may link to Our Platform, provided you do so in a way that is fair and legal and does not damage or take advantage of Our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part. Our Service must not be framed on any other site, nor may you create a link to any part of Our Service other than the main home page at www.myunidays.com. We reserve the right to withdraw linking permission at any time and without notice.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, reverse engineer, distribute, sell, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. If you wish to make any use of material on the Service other than that set out in these Terms, please address your request to: email@example.com.
- Feedback. You agree that UNiDAYS may use your feedback, suggestions or ideas (“Feedback”) in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant to UNiDAYS a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the Feedback you provide to UNiDAYS in any way. Your Feedback will never be published in an identifiable format. We will only share your feedback with partners in an aggregated format where no individual is identifiable.
- Proprietary Rights. UNAUTHORIZED REPRODUCTION, REPUBLICATION, COPYING, MODIFICATION, UPLOADING, DOWNLOADING, POSTING, TRANSMISSION, CREATION OF DERIVATIVE WORKS OR DUPLICATING ANY OR ALL PARTS OF THE SERVICE IS STRICTLY PROHIBITED.
- Ownership. The Services and intellectual property rights in the Services are owned (or licensed) and operated by UNiDAYS. All visual interfaces, graphics, design, photos, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by UNiDAYS are protected by intellectual property and other laws. All Materials included in the Services are the property of UNiDAYS or its third-party licensors. Unless We give you express permission, you may not make use of the Materials. UNiDAYS and Our third-party licensors reserve all rights in any intellectual property in the Materials This means that We and where applicable Our licensors, remain owners of the Materials and are free to use them as We, or the relevant third party licensor, see fit.
- Trademarks. UNiDAYS and myUNiDAYS, are trademarks of UNiDAYS. In addition, logos, graphics, button icons, page headers, Service visuals and service names included in or made available through the Service are trademarks or trade dress of UNiDAYS. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PARTS OF THE SERVICE IS PROHIBITED.
- Other Content. UNiDAYS uses a network of independent Partners and other third parties to supply some of the products and content advertised in the Service. All other trademarks, service marks, product names, package designs, and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by Us but appear within Our Service are the property of such respective owners.
- Third Party Terms
- Third Party Services and Linked Websites. We provide tools through the Service that enable you to export information, including Social Content (defined below in Section 7.1), to third party services. This includes features which allow you to link your UNiDAYS account with an account on third party services, such as Twitter, Instagram, Pinterest or Facebook, or through Our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that UNiDAYS may transfer such information to the applicable third party service. Third party services are not under Our control, and, to the fullest extent permitted by law, We are not responsible for any third party service’s use of your exported information. This also applies to any third party websites. All products you purchase from third party merchants through the UNiDAYS Platform or Service are: (a) priced by the applicable third party merchant (including but not limited to whether such prices include applicable local, state, or federal taxes and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds and cancellations) by the applicable third party merchant and not by UNiDAYS. UNiDAYS is not a reseller or distributor of any products of third party merchants displayed on the Platform. You agree that your purchase from a third party merchant through Our Platform is subject to the merchant’s own terms and conditions prior to making your purchase. You agree that UNiDAYS is in no way responsible or liable to you for any products you purchase within or related to Our Platform or Service, including for any claim, product liability claim, injury, property damage, improper charges, delivery, failures, pricing errors, or inaccurate product descriptions.
- Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
- Social Content
- User Generated Content. From time to time, the Service permits the submission of content, generated by you and/or other users (“Social Content”). You agree that by using @UNiDAYS_US, @unidays, @MyUNiDAYS, #MeAndUnidays and any other similar social media tag that in anyway relates to the Service on any third party service, including messages, reviews, photos, video, images, text, and other types of works, you grant UNiDAYS an unrestricted, perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Social Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You represent and warrant that any images or text you upload in conjunction with such a social media tag does not infringe the intellectual property rights of any third party including but not limited to copyrights and trademarks. You retain any copyright and other proprietary rights that you may hold in the Social Content that you post.
- Social Content Representations and Warranties. UNiDAYS disclaims any and all liability in connection with Social Content. You are solely responsible for your Social Content and the consequences of posting Social Content and you agree to indemnify UNiDAYS for all claims resulting from your Social Content. By posting Social Content, you affirm, represent, and warrant that:
- you are the creator and owner of the Social Content, or have the necessary licenses, rights, consents, and permissions to authorize UNiDAYS and users of the Service to use and distribute your Social Content as necessary to exercise the licenses granted by you in this Section 7, in the manner contemplated by UNiDAYS, the Service, and these Terms;
- your Social Content, and the use of your Social Content as contemplated by these Terms, does not and/or is not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, right of publicity, or any other intellectual property or proprietary right; (ii) slanderous, libelous, threatening, defamatory, or invade the right of privacy, publicity or other property rights of any other person; (iii) contain any computer virus, spyware, adware, rootkit, Trojan, worm, ransomware, key logger or any other type of harmful or malicious code; (iv) contain or consist of any commercial solicitation, mass mailings, political campaigning, chain letters, or any form of spam or unsolicited commercial electronic messages; or (v) cause UNiDAYS to violate any law or regulation; and
- your Social Content could not be deemed by a reasonable person to be objectionable, profane, indecent, obscene, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
7.3 Social Content Disclaimer. We are under no obligation to edit or control Social Content that you or other users post or publish and will not be in any way responsible or liable for Social Content. You understand that when using the Service you may be exposed to Social Content from a variety of sources and acknowledge that Social Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against UNiDAYS with respect to Social Content.
- Contests and Giveaways.
- By entering a contest, sweepstake or giveaway ("Giveaway") you will be asked to agree to be bound by the applicable Giveaway Terms and Conditions.
- The Giveaways are sponsored by UNiDAYS Inc., 276 5th Avenue, 9th Floor, New York, NY 10001 (individually and collectively, the “Sponsor”). The Giveaways are not sponsored, endorsed, administered by or associated with Apple Inc. or its subsidiaries or affiliates in any manner.
- GIVEAWAYS ARE VOID WHERE PROHIBITED BY LAW AND SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS.
- NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
- Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
A violation of any of the foregoing is grounds for termination of your right to use or access the Service.
- infringe or violate the intellectual property rights of anyone else (including UNiDAYS);
- use the Service for any purpose or in any way which is unlawful or in violation of any local, state, national, or international law or prohibited by these Terms or any other applicable policies or terms;
- harass, threaten, demean, stalk, defraud, deceive, embarrass, or otherwise harm any other user of the Services;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service; (iii) attempting to circumvent password or other authroization methods;
- market, rent or lease the Service for a fee or charge, or use the Service to advertise or perform any commercial solicitation;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without explicit consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials; reproduce, make modifications to, distribute, sell, publicly display, or publicly perform the Services;
- simulate communications from Us or another service provider or entity in order to collect identity information, authentication credentials or other information (“phishing”);
- attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
- Electronic Notifications
- As part of the UNiDAYS Service and to update you regarding new offerings and promotions, you may receive push notifications, local client notifications, text messages, emails or other types of messages directly sent to you outside or inside the UNiDAYS Platform (“Push Messages”). You acknowledge that when you use the UNiDAYS Platform, your wireless service provider may charge you fees or data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages setting, and can opt in or out of these Push Messages through the UNiDAYS mobile application or through your mobile device’s operating system. Please contact your service provider for details of applicable fees.
- Modification of the Service and Terms
- Modification of the Service. We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing any parts or features of the Service), temporarily or permanently, without notice to you. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service or Our Platform.
- Modification of these Terms. We reserve the right to change these Terms on an on-going basis at any time with or without notice. Please check these Terms periodically for changes. We will use commercially reasonable efforts to generally notify all users of any material changes to the Terms, such as through a notice on Our Platform or via email, however, you should review the Terms regularly to check for all changes. If a change to these Terms materially modifies your rights or obligations, We may require that you accept the modified Terms in order to continue using the Service. You are deemed to accept and agree to be bound by any changes to the Terms when you use the Service after such changes are posted on the Platform. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
- Term and Termination
- Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and end when terminated as described in Section 12.2.
- Termination. We can revoke or disable your account or restrict your access to the Services in the following instances: (i) if you breach any provision of these Terms or We reasonably believe you have breached any provisions of these Terms ; (ii) if you disable your account; (iii) to prevent fraud or if We reasonably believe that an unauthorised person is attempting to access the Services; (iv) if We reasonably believe that your continued use of or access to the Services is likely to damage Our reputation; (v) in the event of any activity involving your account which We, in Our sole discretion, deem suspicious or potentially harmful to the Services; or (vi) to secure Our Platform or Services.
You may terminate your account and your agreement to these Terms at any time by contacting customer service at firstname.lastname@example.org.
- Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; and (b) you will no longer be authorized to access your account or the Service. All sections that by their nature should survive termination, including but not limited to sections 5, 6, 7, 11, 12, 13, 14, 15, 16, and 17, will survive termination of these Terms.
- Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify UNiDAYS and its officers, directors, shareholders, employees, consultants, affiliates, subsidiaries and agents (together, the “UNiDAYS Entities”) from and against every claim and expense brought by a third party, and any related liability, damage, loss, and expense, including but not limited to reasonable attorneys’ fees and costs, in whole or in part arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Our defense of those claims.
- Disclaimer of Representations and Warranties
- UNiDAYS has no special relationship with or fiduciary duty to you. You acknowledge that UNiDAYS has no Control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; effects, if any, the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
- You release Us from all liability for you having acquired or not acquired product or Content through the Services. The Services may contain or direct you to websites containing information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
- TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES AND MATERIALS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNIDAYS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF A COURSE OF DEALING, USAGE, OR TRADE. UNIDAYS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND UNIDAYS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. UNIDAYS EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR UNIDAYS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE UNIDAYS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, MONETARY OR OTHERWISE, THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING SOCIAL CONTENT.
- THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNIDAYS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT UNIDAYS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. UNiDAYS does its best to provide notification in a timely manner with accurate information. However, We neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that UNiDAYS shall not be liable for any delays, failure to deliver or misdirected delivery of any notification’ for any errors in the content of a notification; or for any actions taken or not taken by you or any third party in reliance of a notification.
- Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE UNIDAYS ENTITIES BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF ACTUAL OR ANTICIPATED PROFITS, REVENUE, BUSINESS OR GOODWILL, DATA, ANTICIPATED SAVINGS, OR COST OF PROCURMENT OF SUBSITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF UNIDAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNIDAYS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF UNIDAYS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THEREFORE, THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THIS AGREEMENT AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
- EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law
- Generally. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and UNiDAYS agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” Country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Government Use. The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that We may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Contact Information. The Service is offered by UNiDAYS Inc., located at UNiDAYS Inc., 276 Fifth Avenue, Ninth Floor, New York, NY 10001. You may contact Us by sending correspondence to that address or by emailing Us at email@example.com.
- Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- No Support. We are under no obligation to provide support for the Service. In instances where We may offer support, the support will be subject to published policies.
- International Use. The Service is intended for those located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from other countries or territories or by access by individuals where such access is illegal is prohibited. You may not use the Service if you are subject to U.S. sanctions.
- Notice Regarding Apple. You acknowledge and agree that these Terms are a binding agreement between you and Us. To be clear: (a) these Terms are between you and UNiDAYS only, and not with Apple, and UNiDAYS is solely responsible for UNiDAYS’ iOS Apps and the content thereof; (b) there are additional usage rules for iOS Apps by Apple, which are subject to additional restrictions set forth in the App Store Terms of Service (the “Usage Rules”) and you will comply with such Usage Rules; (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to iOS Apps; (d) to the extent permitted by law, Apple shall have no warranty obligation whatsoever with respect to iOS Apps or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of iOS Apps; (e) UNiDAYS, not Apple, is responsible for addressing any claims that you may have or any third party relating to the UNiDAYS’ iOS Apps, your possession and/or use of UNiDAYS’ iOS App, including but not limited to: (i) product liability claims; (ii) any claim that the software fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that UNiDAYS’ iOS Apps infringe a third party’s intellectual property rights; (f) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof).
Please find our legacy Terms of Service here.