Last modified: 21 December 2022
Terms Of Service
The Universal Namespace (also described as “UNS”, “we”, “us” or “our” in this document) provides the Universal Namespace Platform (“Platform”), which supports the creation, maintenance and use of a unique universal name for users.
UNS provides five (5) key features for our users:
- Universal Name
Create your own universal name linked to your phone number.
Mint your own unique token proving ownership of your name.
Connect various third-party accounts to your universal name.
- Public Profile
Setup your own public profile so people can find you.
Use your UNS Name to prove compliance for the purposes of enabling and using Universal Ledger balances.
Capitalized terms used and not defined herein have the meaning ascribed to them in UNS.
These terms and conditions (“Terms”) will apply to persons and entities using the Platform to create and manage their universal name by selecting a UNS Name (as defined in the section below entitled “Your Name”) and attaching connections and other metadata to that name to build a public profile. Each such person or entity is known as a “Universal Name holder”). By using any of UNS’s services, including any associated features or functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “UNS Service” or “Service”), you are entering into a binding contract with UNS (the “Contract”). We recommend that you save a copy of these Terms for your records.
Your agreement with us includes these Terms and any additional terms with us or our affiliates that you agree to either in these Terms or elsewhere, but exclude the terms with any unrelated third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on the UNS website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the UNS Service.
We may modify the Agreements in our sole discretion at any time by publishing the amended terms on the UNS website, and all amended terms will take effect immediately upon posting. We agree that changes cannot be retroactive. You are responsible for checking these Terms periodically to inform yourself of any changes. Your continued use of the Service after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of the Agreements, you may release your Universal Name by using the Release Name function or by contacting UNS support.
By using UNS’s Service, you represent and warrant that you are (1) an individual of legal age to form a binding contract and to consent to processing your personal data, or that you are the parent or legal guardian able to form a binding contract for such person and consent to processing the personal data of a child at least 13 years of age and consent; (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws; and (3) accept these Terms and agree to all obligations and liability hereunder, including any disclaimers and waivers of applicable legal protection herein.
If you do not meet the above stated eligibility requirements, you may not use or access the UNS Service.
2.1. Your Universal Name
In order to become a UNS Name holder and claim your Name, you will select a unique “Universal Name” and you will complete a verification to confirm that you have access to the phone number you provide. Once you provide your phone number, you will receive a text message or a phone call. As a part of these Terms, you consent to receiving this text message or phone call. You promise that you will not select a UNS Name in an unauthorized manner. Taking a name in an unauthorized manner includes selecting or using a name: (i) of another person or entity with the intent to impersonate that person or entity; (ii) subject to any rights of a person other than you without appropriate authorization; (iii) that is otherwise offensive, vulgar or obscene; (iv) using any procedure or method that violates third party rights; (v) by using an automated device, script, bot, spider, crawler or scraper; or (vi) that violates these Terms, or any applicable laws. You must not solicit, collect or use the login credentials of other UNS Nameholders. UNS reserves the right to freeze and/or revoke any UNS Names taken in an unauthorized manner at any time and without notice to you.
If you enable two-factor authentication (”2FA”) for your name, you may use this 2FA to access your name and associated data even if you lose access to your mobile phone number. You understand that you are responsible for all use (including any unauthorized use, to the extent permitted by applicable laws) of your Universal Name and 2FA authentication tools on the Service. We cannot guarantee that we can recover your Universal Name for you should you lose access to both your phone number and your 2FA authentication tools. If you lose access to your mobile number and your 2FA tools, please contact UNS Support.
Keep in mind that you are solely responsible for losses you incur from the use of lost or stolen UNS Names or 2FA Codes, and your failure to secure your UNS Name will only increase the risk of these losses. We may assist you with recovering your UNS Name, but are not obligated to do so, and you are solely responsible for losses due to lost or stolen UNS Names or 2FA Codes, compromise of your UNS Name and 2FA Code, and any other unauthorized use or modification of your UNS Name. UNS is not liable or responsible to you and you waive any right to bring a claim against us for any losses that result from the use of lost or stolen credentials or unauthorized use or modification of your UNS Name, unless such losses result from UNS’s willful or intentional actions. You agree to notify UNS immediately of any unauthorized use of your account or any other breach of security. You agree to keep your password secure.
You agree that we will provide notices and messages to you within the Service. Notices may include notifications about your Universal Name, changes to the Services, terms and conditions, privacy statement or notices and any changes thereto, pre-payment disclosures, transaction receipts and confirmations, and customer service communications, notices required by law, or other information we are required to provide to you (“Communications”). You also agree that electronic delivery of a notice has the same legal effect as if we provided you with a physical copy. We will consider a notice to have been received by you within 24 hours of the time a notice is either posted to our website or otherwise sent to you within the Service.
2.3.1. Methods of Providing Communications
You are hereby notified that communications you receive in electronic form from us will be considered “in writing.” By using the Services, you hereby consent and affirm that you have access to the hardware and software necessary to receive electronic communications. If you choose not to consent or you withdraw your consent, you will be restricted from using the Services.
We may provide Communications to you by email or by making them accessible on the UNS website, mobile applications, or mobile websites (including via “hyperlinks” provided online and in e-mails). Communications will be provided online and viewable in a browser window or with a PDF reader. A free PDF reader may be downloaded from www.adobe.com. We may request that you respond to an email or other message to demonstrate you are able to receive these Communications.
2.3.2. How to Withdraw Your Consent
You may withdraw your consent to receive Communications under this Notice by emailing UNS support, or writing to us at “Attn: E-Sign Disclosure and Consent Notice, Universal Namespace, 26 State Route 28, #1186 Crystal Bay, NV 89402 USA”. Your withdrawal of consent will cancel your agreement to receive electronic Communications, and therefore, your ability to use our Services.
2.3.3. Requesting Paper Copies of Electronic Communications
You may request a paper copy of any Communications; we will mail you a copy via U.S. Mail. To request a paper copy, contact us by emailing UNS support, or by writing to “Attn: E-Sign Disclosure and Consent Notice, Universal Namespace, 26 State Route 28, #1186 Crystal Bay, NV 89402 USA,”. Please provide your current mailing address so we can process this request. UNS may charge you a reasonable fee for this service.
2.3.4. Updating Your Primary Contact Information; Acknowledgement of Law
It is your responsibility to keep your contact information current so that UNS can communicate with you electronically. You understand and agree that if UNS sends you a Communication but you do not receive it because your contact information on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, UNS will be deemed to have provided the Communication to you; however, we may deem your account inactive. You may not be able to transact using our Services until we receive a valid, working means of contact from you. If you, your email server, or other communications provider including telephone service provider use a spam filter or similar software that blocks or re-routes messages from senders not listed in your list of approved senders, we recommend that you add UNS to your list of approved senders so that you can receive important Communications.
You can update your contact information by updating your profile or by emailing UNS support, or writing to us at “Attn: E-Sign Disclosure and Consent Notice, Universal Namespace, 26 State Route 28, #1186 Crystal Bay, NV 89402 USA”.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that such Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
2.3.5. Changes to Communications
We reserve the right, in our sole discretion, to discontinue the provision of your Communications, or to terminate or change the terms and conditions on which we provide Communications. We will provide you with notice of any such termination or change as required by law.
3. Rights and Limits
The UNS Platform is neutral, meaning that it accommodates all non-fraudulent and legally permitted activity. While UNS will make best effort attempt to restrict participation of fraudulent and illegal actors on the Platform, Universal Name holders acknowledge that third parties’ connections, profile data and activity on the Platform do not represent UNS’s endorsement of those third parties, UNS’s validation of any of the information or data attached to a Universal Name or offered by such third-parties, or UNS’s recommendation or advice of any sort as to whether to rely upon the information or data or to use or rely on third parties on the Platform.
If you use your Universal Name or the Universal Name of another person or entity for any purpose, including relying on the information attached to a Universal Name for decision-making or judgement, you do so at your own risk and according to your own criteria. You are responsible for any actions you choose to take or not take in relation to your Universal Name or the Universal Name of another person or entity, or information associated therewith.
You acknowledge that UNS does not (i) define the terms by which use of the Universal Name is made; (ii) participate in any way in the verification process for any information entered in the Platform by a UNS Name holder; or (iii) validate the information provided by the Universal Name holder or provide any warranty as to its accuracy or fitness for a particular purpose.
3.2.1. User Content
Universal Namespace users may upload, submit or otherwise contribute content to the Service (which may include, for example, pictures, text, information, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Universal Namespace Support Community as well as any other part of the UNS Service.
You agree that, with respect to any User Content you share on the Service, (1) you own or have the right to post such User Content, (2) your User Content is accurate, and (3) such User Content, or its use by UNS as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the user guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by UNS without express written consent from UNS. You agree that you will indemnify us for any infringement of third-party rights.
The UNS Platform is compliant with Section 230 of the Communications Decency Act of 1996 (“CDA”) which states that, “no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” (47 U.S.C. §230). By using the Service, you may encounter User Content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that we are not responsible for others’ (including other Universal Name holders’) User Content or information. UNS may, but has no obligation to, monitor, review, or edit User Content. We cannot always prevent this misuse of our Service, and you agree that we are not responsible for any such misuse. Subject to your compliance with these Agreements, UNS grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Services and use the Services for your personal, non-commercial use, and as we otherwise intend. UNS reserves the right to monitor the Service for the purpose of determining that your usage complies with these Agreements.
The broad protections of freedom of expression and innovation in the CDA do not exempt certain criminal and intellectual capital violation-based User Content. UNS reserves the right to determine the appropriate local law enforcement agency with which to share flagged User Content, based on factors related to the location of the person or entity posting the content in question, as well as the server location hosting the content in question.
You are solely responsible for all User Content that you post. UNS is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST UNS RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD UNS HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
3.2.2. Public Content
Each Universal Name is public and has a Public Profile associated with it, to which you may upload a profile photo, display name, and biographic information. You acknowledge that the information that you share on your Public Profile is publicly available and may be viewed by anyone using or accessing the UNS Platform, including the UNS website and UNS public APIs. Remember that the information that you share on your Public Profile may be used and re-shared by other users on the UNS Platform or across the web, so please use UNS carefully. UNS has no responsibility for your choices to post material on the Service.
3.2.3. Use Guidelines
Please respect UNS and other Universal Name holders. Don’t engage in any activity or post any User Content which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of UNS or a third party;
- includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your identity or affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by UNS;
- involves the reverse engineering, decompiling, tampering with or disassembling the technology used to provide the Service (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
- attempts to obtain unauthorized access to the Service;
- violates, misappropriates or infringes a third party’s intellectual property or other right, or any social media platform terms;
- interferes with any third party’s ability to use or enjoy, or our ability to provide, the Service;
- interferes with or in any way disrupts the UNS Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or UNS’s computer systems, network, usage rules, or any of UNS’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by UNS.
UNS may, but has no obligation to, monitor or review User Content. However, you acknowledge and agree that posting any User Content that violates these user guidelines (or that UNS reasonably believes violates these user guidelines) may result in termination or suspension of your UNS account.
3.3. Data Access
3.4. Service Limitations and Modifications
We will make reasonable efforts to keep the UNS Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. UNS reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the UNS Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the UNS Service or any function or feature thereof. You understand, agree, and accept that UNS will, although it has no obligation, make reasonable efforts to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law.
3.5. Third-Party Partners, Sites and Apps
3.6. Intellectual Property Rights
UNS reserves all of its intellectual property rights in the Service. Using the Service does not give you any ownership in our Service or the content or information made available through our Service. Trademarks and logos used in connection with the Service are the trademarks of their respective owners. UNS, the UNS logo and other UNS trademarks, service marks, graphics, and logos used for our Service are trademarks or registered trademarks of UNS and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Trademarks and other intellectual property rights of third parties are the property of their respective owners and are displayed or used in the Service pursuant to limited permission granted to UNS. No rights to trademarks or other intellectual property rights of third parties is granted to you nor arises from any use of the Service.
4. Disclaimer and Limit of Liability
4.1. No Warranty
YOU UNDERSTAND AND AGREE THAT THE UNS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. UNS AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER UNS NOR ANY OWNER OF CONTENT WARRANTS THAT THE UNS SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS, THAT THE UNS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL INFORMATION WILL BE ACCURATE, TIMELY OR COMPLETE.
THIRD PARTIES MAY ADOPT ADDITIONAL LIMITATIONS ON WARRANTIES PROVIDED IN CONNECTION WITH THEIR RESPECTIVE SERVICES, AS INDICATED IN THE TERMS SPECIFICALLY APPLICABLE TO THEIR SERVICES. IN ADDITION, UNS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE UNS SERVICE OR ANY HYPERLINKED WEBSITE, AND UNS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM UNS SHALL CREATE ANY WARRANTY ON BEHALF OF UNS.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
4.1.1. Identity Verification
YOU ACKNOWLEDGE THAT UNS IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND THE THIRD PARTY VERIFICATION PROVIDERS: (II) BETWEEN YOU AND OUR PARTNERS WHO MAY REQUEST YOUR VERIFIED INFORMATION; AND (II I) BETWEEN YOU AND ANY CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY SUPPLYING YOUR CREDIT REPORTS FOR PURPOSES OF VERIFICATION OF YOUR IDENTITY INFORMATION. UNS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS, CREDIT SCORES, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
4.2. Limitation and Time for Filing
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE UNS SERVICE IS TO UNINSTALL ANY UNS SOFTWARE AND TO STOP USING THE UNS SERVICE. YOU AGREE THAT UNS HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE UNS SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO UNS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS AVAILABLE THROUGH OR IN CONNECTION WITH THE UNS SERVICE OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL UNS, ITS AFFILIATES AND ITS AND THEIR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE UNS SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER UNS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE UNS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO UNS DURING THE PRIOR TWELVE MONTHS IN QUESTION OR, IF NO FEES OR CHARGES APPLY, TO A MAXIMUM OF USD100, OR ANY LARGER AMOUNT THAT IS IMPOSED AS MINIMUM LIABILITY BY ANY APPLICABLE MANDATORY LAW.
Nothing in the Agreements removes or limits UNS’s liability for fraud. Additionally, if and to the extent required by applicable law, nothing in the Agreements removes or limits UNS’s liability for fraudulent misrepresentation, death or personal injury caused by UNS’s negligence.
YOU AGREE THAT ANY CLAIM AGAINST UNS MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION UNDER SECTION 8 WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Both you and UNS may terminate this Contract at any time without notice to the other by releasing your Universal Name. On termination, you lose the right to access or use the Service. Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending actions, and (ii) stop accepting or requesting new actions. Your continued or renewed use of the Service after all pending actions have been processed serves to renew your consent to the terms of this Agreement.
The following shall survive termination and release of the Universal Name:
- Our rights to use and disclose your feedback;
- Other users’ rights to further re-share content and information you shared publicly through the Service to the extent copied or re-shared prior to termination;
- Any amounts owed by either party prior to termination remain owed after termination; and
- Sections 3.2. Content, 3.3. Data Access, 4. Disclaimer and Limit of Liability, 5. Termination, 6. Severability, Waiver, Interpretation and Assignment, 7. Indemnification and Release, and 8. Governing Law and Dispute Resolution of these Terms and UNS will survive and continue to apply.
6. Severability, Waiver, Interpretation and Assignment
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding, and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Service) is the only agreement between us regarding the Service and supersedes all prior agreements for the Service.
If we don’t act to enforce a breach of this Contract, that does not mean that UNS has waived its right to enforce this Contract or such breach at a later time. You may not assign or transfer this Contract (or your membership or use of Service) to anyone without our written consent. However, you agree that UNS may assign this Contract without your consent to its affiliates or a party that buys it, its assets, or equity. There are no third-party beneficiaries to this Contract.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
7. Indemnification and Release
You agree to indemnify, defend and hold UNS harmless from and against all damages, claims, fines, penalties, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the UNS Service; (4) fraud committed by, or the intentional misconduct or gross negligence of you; and (5) your violation of any law or the rights of a third party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
8. Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, UNS and you agree to resolve it in California courts using California law, except to the extent required under applicable local law which requires that venue be in the country of your residence. You and UNS agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services, except to the extent required in the country of your residence that the law to be applied for contracts of this type be that of the country of your residence. You and UNS both agree that all claims and disputes can be litigated only in the federal or state courts in San Francisco County, California, USA, and you and UNS each agree to personal jurisdiction in those courts. UNS and you may mutually agree to resolve the dispute in arbitration rather than the courts.
9. Consumer Rights Notice
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
You may contact UNS at: [email protected] or UNS 26 State Route 28, #1186 Crystal Bay, NV 89402 USA.
10. Mobile App
To use the software on a mobile device, you must have a mobile device that is compatible with the Services. UNS does not warrant that the Services will be compatible with your mobile device. You are responsible for any mobile charges that you may incur for using the Services, including text-messaging, roaming charges, and data charges.
10.2. Location-Based Services
You acknowledge and authorize that information concerning the location of your mobile device may be used to assess location. Location may be obtained at any time while logged into the UNS website or mobile application. Location information will not be disclosed to others without the UNS User’s consent. You expressly agree that you authorize UNS to collect and use your location as a part of the UNS service and eligibility for use of the UNS website or app or any feature or function of the Service.
THE SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. THE SERVICES ARE NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.
You acknowledge that UNS may from time to time issue upgraded versions of the app, and may automatically electronically upgrade the version that you are using on your mobile device or may require an update before Services will be provided via your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of the Agreements will apply to all such upgrades. You agree that UNS will not be liable to you for any such modifications.
10.4. App Stores
You acknowledge and agree that the availability of the UNS app is dependent on the third party from which you received it, e.g., Google Play or Apple’s App Store (each, an “App Store”). You acknowledge that these Terms are between you and UNS and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the UNS app from it. You agree to comply with, and your license to use the Services via the app is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.