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Last Updated 12/06/2011

User Agreement

1. Your Agreement with Unispace

1.1 This User Agreement
Welcome to the User Agreement for Unispace. This User Agreement describes the terms on which you may access and use the Unispace services. In order to become a Unispace user, you must read and accept all of the terms and conditions of this agreement and the Unispace Privacy Policy. In the event of any inconsistency between the Unispace Privacy Policy and this User Agreement, the User Agreement shall control. Nothing in this User Agreement shall be deemed to confer any rights or benefits on third parties other than our parent company, Unispaceworks Technologies. If you do not agree to be bound by the terms of this User Agreement, you may not use nor access the Unispace services.

1.2 Changes to User Agreement We reserve the right to modify this User Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Unispace service indicates your acceptance of the amended User Agreement.

1.3 Separate Agreement
If you have entered into or enter into a master subscription agreement with Unispaceworks Technologies, that master subscription agreement shall not apply to the Unispace service, and the Unispace service shall not be considered a service or product or part of any service or product under such master subscription agreement, unless otherwise expressly agreed in writing by Unispace Technologies. The Unispace service is delivered from an infrastructure different from the infrastructure underlying other Unispace Technologies services, and any representations or commitments by Unispace Technologies regarding the security or availability of its services or products do not apply to the Unispace service.

1.4 Future Features and Functionality
You agree your purchases of the Unispace service are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Unispace or any of its affiliates regarding future functionality or features.

1.5 Description of Unispace Service
Unispace is an online service designed to simplify your work life by organizing your connections and the information you share with them (the "Unispace Workflow"). Users can work on a project and invite members, assign tasks and track status using the Unispace service.

1.6 Membership Eligibility
The Unispace Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Unispace for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring a Unispace account to another party. If you do not qualify as a user under this paragraph, you may not use the Unispace Service.

2. Use of Unispace Service

2.1 General
Your use of the Unispace Service is governed by this User Agreement. Unispace may refuse service without prior notice to any user for any or no reason.

2.2 Password and Account
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Unispace of any unauthorized use of your password or account or any other breach of security. Unispace cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

2.3 Templates
Unispace offers templates as one way for users to re-use and share business processes, tasks, documents, links, documents and members. Users can determine if templates are public, private or partially shared. Ideas you post and information you share may be seen and used by other Users, and Unispace cannot guarantee that other Users will not use the ideas and information that you share on Unispace. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Unispace template or elsewhere on Unispace. Unispace is not responsible for a user's misuse or misappropriation of any content or information you post in any Unispace community forums such as the Unispace blog or templates. Unispace, at its sole discretion, may remove any templates or other content.

2.4 User Conduct
You agree not to use the Unispace Service for any of the following: * To post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable; * For any illegal purpose, including but not limited to conspiring to violate laws; * To falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; * To upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); * To upload, post, email, transmit or otherwise make available any content or initiate communication that infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary right; * To upload third-party content that infringes or violates any license, permission, consent or agreement necessary for the lawful use of such third party content; * To upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to a) using Unispace Service invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) using the Unispace Service to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases; * To upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; * To stalk or harass anyone; * To forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Unispace Service; * To post content in fields that aren't intended for that content (for example, putting an address in a name or title field); or * To interfere with or disrupt the Unispace Service or servers or networks connected to the Unispace Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Unispace Service.

3. Termination

3.1 You agree that Unispace may, with or without cause, immediately terminate your Unispace account and access to the Unispace Service without prior notice. Without limiting the foregoing, the following may lead to a termination by Unispace of a user's use of the Unispace Service: (a) a breach or violation of this User Agreement or any other incorporated agreement or guideline, (b) a request by law enforcement or other government or judicial authority, (c) a request by you (a self-initiated account deletion), (d) an unexpected technical issue or problem, or (e) an extended period of inactivity. Termination of your Unispace account includes removal of access to all offerings within the Unispace Service and may also bar you from further use of the Unispace Service. Furthermore, you agree that all terminations shall be made in Unispace's sole discretion and that Unispace shall not be liable to you nor any third-party for any termination of your account or access to the Unispace Service.

4. Service Policies and Privacy

4.1 International Use
Recognizing the global nature of the Internet, you agree to comply with all laws, regulations and rules that apply to your use of the Unispace Service wherever you are located, including but not limited to rules regarding privacy, online conduct, acceptable content and transmission of and access to export-controlled technology and technical data. Without limiting the foregoing, the Unispace Service may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You shall not access or use the Unispace Service in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation.

4.2 Information Provided on this Website
In the course of using the Unispace Service, users may provide information about themselves and their company which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Unispace website or otherwise providing materials to Unispace, you are granting to Unispace a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Unispace Service. Furthermore, you understand that Unispace retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Unispace Service is the sole responsibility of the person from which such content originated and that Unispace will not be liable for any errors or omissions in any content. You understand that Unispace cannot guarantee the identity of any other users with whom you may interact in the course of using the Unispace Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

4.3 Access to Unispace Service
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Unispace website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

4.4 Unispace Communications
In the course of providing you services, Unispace may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive email messages which are specific to your account and necessary for the normal functioning of the Unispace Service, including a series of welcome email messages which help inform new users about various features of the Unispace Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Unispace Service.

4.5 Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Unispace Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website. The above does not apply to claims by you that content in the Unispace Service or on the Unispace website infringes your copyright; such claims are subject to the “Intellectual Property Rights” section below.

5. Intellectual Property Rights

5.1 Reservation of Rights
Subject to the rights and licenses expressly granted under this User Agreement, Unispace reserves all rights, title and interest in and to the Unispace Service, including all related intellectual property rights. No rights are granted to you under this User Agreement other than as expressly set forth herein. Subject to the rights and licenses expressly granted under this User Agreement, Unispace acquires no right, title or interest from you under this User Agreement in or to any content or information submitted by you to the Unispace Service.

5.2 Confidential Information
The Unispace Service contains confidential and trade secret information of Unispace, including but not limited to confidential processes, methods, structures, schema, program code and elements, and user interfaces. You may not use such information for any purpose other than authorized use of the Unispace Service under this User Agreement, or disclose such information to anyone other than authorized users of the Unispace Service.

5.3 Copyright Infringement
If you believe any content in the Unispace Service or on Unispace’s website infringes your copyright, please notify our parent company, Unispace Technologies, in accordance with its Copyright Policy posted pursuant to the U.S. Digital Millennium Copyright Act.

5.4 Suggestions
Unispace and its affiliates shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into their services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Unispace Service.

6. Fees and Payment

6.1 General
Signing up for a basic Unispace account is free. Certain other services are provided for free only to selected trial users. Unispace reserves the right to charge for the Unispace Service or any portion thereof, modify the pricing of, add to, or discontinue the Unispace Service or any portion thereof without prior notice.

6.2 Automatic Renewal
Your Unispace subscription will be automatically renewed at the end of your subscription period. We will bill the subscription fee plus any applicable tax to you. Your membership will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership, or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next period's subscription fees to your Payment Method.

6.3 Charges and Billing
By using the Unispace Service, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Unispace Service. Additional charges may include service level changes you request. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter, unless and until you cancel your membership. We will automatically bill you each billing period on the calendar day corresponding to the commencement of your membership. All fees and charges are nonrefundable, and there are no refunds or credits for partially used periods. We may change the fees and charges in effect or add new fees and charges from time to time. If your credit or debit card reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.

6.4 Downgrades and Cancellations
If you change your service level (downgrade it), you may cause the loss of Content or features for your account. Unispace does not accept any liability for such loss. You may cancel your subscription to the Unispace Service at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS.

7. Idemnification

7.1 By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Unispace, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Unispace Service; ii) unauthorized access to or alteration of your communications with or through the Unispace Service, iii) any other matter relating to the Unispace Service, or iv) and file uploaded to or accessed with the Unispace Service. Any business transactions which may arise between users from their use of Unispace are the sole responsibility of the users involved.

8. Compelled Disclosure of Information

8.1 Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Unispace may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Unispace, its users, or the public.

9. Disclaimer of Warranties

9.1 You understand and agree that the Unispace service is provided on an "as is" and "as available" basis and that Unispace does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. Unispace assumes no responsibility for the accuracy or existence of any communications between users. Unispace expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Unispace makes no warranty that (i) the Unispace service will meet your requirements, (ii) the Unispace service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Unispace service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Unispace service will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Unispace service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Unispace or through or from the Unispace service shall create any warranty not expressly stated in this user agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

10. General Legal Terms

10.1 Entire Agreement
This User Agreement constitutes the entire agreement between you and Unispace and governs your use of the Unispace Service, superseding any prior agreements between you and Unispace.

10.2 Limitation of Liability
You expressly understand and agree that Unispace shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Unispace has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will Unispace's total cumulative damages exceed USD$100.

10.3 Governing Law and Jurisdiction
The User Agreement between you and Unispace Corporation will be governed by and construed in accordance with the laws of the State of California, United States of America, and controlling United States federal law, without regard to conflict of laws principles. The state and federal courts located in San Francisco County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this User Agreement. Each party hereby consents to the exclusive jurisdiction of such courts.

10.4 Assignment
Neither you nor Unispace may assign any of its rights or obligations under this User Agreement, whether by operation of law or otherwise, without the prior written consent of the other (not to be unreasonably withheld). Notwithstanding the foregoing, Unispace may assign any or all of its rights and obligations under this User Agreement to Unispace Technologies, inc. or its affiliate at any time without your consent and without notice to you. Furthermore, notwithstanding the foregoing, either you or Unispace may assign the entirety of its rights and obligations under this User Agreement, without consent of the other, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the Unispace Service upon written notice to the assigning party.

10.5 Notices
Except as otherwise specified in this User Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv), except for notices of termination or an indemnifiable claim, the first business day after sending by email. Notices to Unispace shall be addressed to the attention of VP, Operations, at unispaceworks.com. Unispace Technologies, email enquiry@unispaceworks.com; Notices to you shall be addressed to the then-current contact information submitted by you to the Unispace Service.

10.6 Trademarks
Unispace, the Unispace logo, and other Unispace logos and names are trademarks of Unispace. You agree not to display or use these trademarks in any manner without Unispace's prior, written permission.

10.7 Section Titles
The section titles of this User Agreement are displayed for convenience only and have no legal effect


Hydra Workflow
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