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
