• Facebook Reflection
  • Twitter Reflection
  • LinkedIn Reflection

© 2016 Unleesh. Terms, conditions, features, availability, pricing, fees, service and support options subject to change without notice. iPad and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries.

© 2016 by Unleesh, LLC

 

TERMS OF USE

EFFECTIVE FEBRUARY 2, 2015

General

 

Welcome to Unleesh! Unleesh provides a social learning platform that includes mobile application(s) (“App(s)”), a website (the “Site”), and related software or services (together with the Site and App, the “Platform”). These Terms of Use (the “Terms”) form an agreement made between you and Unleesh, LLC. (“Unleesh,” “us,” “our,” or “we”). By accessing or using our Platform, you agree to these Terms.

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND UNLEESH AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS.

 

Additional Terms may apply

 

You may be required to agree to additional terms, conditions, or agreements (“Additional Terms”) before you access or use our Platform, such as a subscription agreement. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to your use of or access to the Platform. Unless you later enter into any Additional Terms or any other agreement with Unleesh regarding the Platform, these Terms are the complete and exclusive agreement between you and Unleesh regarding your access to and use of the Platform and these Terms supersede any prior agreement or proposal, oral or written, and any other communications between you and Unleesh relating to the Platform.

 

Our Privacy Policy describes the information we collect when you use our Platform, as well as how we use the information. Our Privacy Policy is incorporated into these Terms, so by using our Platform and agreeing to these Terms, you are also consenting to the collection and use of your information as described in our Privacy Policy. Any terms not defined in this Agreement shall have the definitions assigned to them in the Privacy Policy.

 

If you download the App from an online store, you are also agreeing to the terms of the store with regard to the download and use of the App. Additional terms, such as pop-up notices, may be featured within the App itself.  Unleesh does not process payments you may make through any of these stores, and we are not responsible or liable for any problems you may experience with payments.  If you have questions about your payment, please contact the applicable store directly.

 

About our Platform

 

Our Platform is a social learning tool that allows communities of users to complete a series of structured learning objectives or “Paths.” Path access, Path Content, and Path management is handled by the Path’s creator and/or sponsor (an “Administrator”). Administrators define a series of actions and objectives for users to complete, along with supplemental information to guide them (“Path Content”). Users make learning social by uploading their own content to demonstrate how they achieved a Path’s learning objectives. Using the Platform, users may write posts and upload pictures, audio or other content (collectively, “User Content”) to share their learning experience.

 

We reserve the right to change the price or applicable terms of our Platform at any time. We may also, in our sole discretion and at any time, choose to offer our Platform for free, for a temporarily reduced price, at a volume discount, or otherwise at a different price or under a different pricing structure (including but not limited to the use of in-app purchases.). We will only seek your consent to make such changes in our sole discretion or if we determine that we are legally obligated to do so.

 

Finally, we reserve the right to modify or discontinue all or any portion of our Platform with or without notice to you. We will not be liable if we choose to exercise this right or any rights noted above. You acknowledge and accept that we do not guarantee free, fixed price, continuous, uninterrupted or secure access to our Platform (or any portion or features thereof), or that operation of our Platform will be uninterrupted or error free. You understand that usage of our Platform may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

 

Security

 

Unleesh uses reasonable security measures to maintain the security of the Personal Information we collect. The security of the data collected by the Platform also depends in part upon you. For example, Unleesh cannot control to whom you give your password and cannot be responsible for activities that occur because you provided your access credentials to another party. In addition, Unleesh is not responsible for any third-party’s or your use of the Platform and whether that third party’s use or your use of the Platform is in compliance with laws, rules and regulations applicable to that third party and you. For example purposes only, although it may violate the terms of other agreements, an employer could use information collected by a Platform in a way that violates applicable data privacy laws. Any such violation is the responsibility of the third party, not Unleesh. 

 

You represent and warrant that you are of legal age to form a binding contract, or in the alternative, are using our Platform with the permission of your parent, guardian or educator, if required, for example, by the Children’s Online Privacy Protection Act (“COPPA”). Individuals who are younger than 13 years old are not permitted to use the Platform without express consent as required by COPPA.

 

Unleesh’s License to User Content and Path Content

 

User Content and Path Content is owned by the author or Administrator, respectively. Unleesh does not claim ownership of original works created and posted to the Platform. However, except where prohibited by applicable law:

(i) By uploading, posting, transmitting or otherwise making any User Content available on our Platform, you are granting Unleesh and its subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, photo, place of study, employment, professional title, and other information made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.

(ii) By uploading, posting, transmitting or otherwise making any Path Content available on our Platform, an Administrator grants Unleesh an exclusive, perpetual, fully-paid, royalty free, worldwide right and license to (a) display the Path Content on the Platform, (b) make the Path Content available to Unleesh staff, contractors, affiliates, and prospective customers for marketing, (other than using any Personal Information), to guide the creation of other Paths, or for any non-commercial purpose, or (c) to analyze and process anonymized and aggregated Path Content, either for a single Path or in combination with content from other Paths, for any data analytics, marketing research, or other research or forecasting related purposes.

 

Responsibilites regarding your User Content or Path Content

 

All User Content is the sole responsibility of the person who made such User Content available on the Platform. Under no circumstances will Unleesh be liable for any User Content or Path Content made available on the Platform by you or any third party.

 

Administrators and Users are responsible for ensuring that Path Content and User Content, respectively, comply with these Terms, and for notifying Unleesh in the event of suspected copyright infringement. Unleesh reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content or Path Content that is posted on the Platform. You agree that the exercise by Unleesh of such discretion shall not convert or transform User Content to Content owned or provided by Unleesh, and the user who made such User Content available on the Platform will retain ownership thereof as described below.

Unleesh does not guarantee the truthfulness, integrity, appropriateness, or quality of User Content or Path Content, and it does not endorse such content. You also agree and understand that by accessing the Platform, you may encounter content that you may consider to be objectionable. Unleesh has no responsibility for any User Content or Path Content, including without limitation any errors or omissions therein. Unleesh is not liable for any loss or damage of any kind incurred as a result of any User Content on the Platform.

 

Restricted Activities

 

You agree that you will not post to the Platform, or use the Platform to transmit or make available any Content that:

  • violates any laws or regulations, contains any threats, is abusive, tortious, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;

  • infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;

  • contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual;

  • you know or have reason to know is false, misleading, or fraudulent;

  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • contains any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, any request for or solicitation of money, goods, or services for private gain, or any information (other than advertisements approved by Unleesh) posted primarily for advertising, promotional, or other commercial purposes;

  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;

  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use the Platform to:

  • engage in any click fraud or other unethical means of receiving payment based on any content posted to our Platform (including without limitation payment to third parties for non-human traffic to any content on our Platform);

  • engage in any conduct which might be harmful to any individual;

  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;

  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

In addition, you are prohibited from interfering with or disrupting the Platform, or servers or networks connected thereto.

Without our written consent, you may not (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any content or materials or any portion of the Platform provided by Unleesh; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Platform or monitor or copy our Platform or the content contained thereon; (iv) deep link to the Platform for any purpose; or (v) frame the Platform, place pop-up windows over its pages, or otherwise affect the display of its pages.

 

User Feedback

 

All user communications, feedback, questions, comments, suggestions, proposed features and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Unleesh. By submitting Feedback to Unleesh, you assign to Unleesh, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.

 

Ownership of Intellectual Property

 

All intellectual property rights related to the Platform, Unleesh Content, and the technology, algorithms, and software underlying the Platform or distributed in connection therewith, are the exclusive property of Unleesh and its licensors. You acknowledge that you are not receiving any ownership interest in or to any of the foregoing, and no right or license is granted to you to use them apart from the rights to access the Platform granted under this Agreement. You are prohibited from copying, distributing, republishing, displaying, posting, transmitting, decoding, or reverse engineering any content or code from the Platform unless you obtain express written permission from Unleesh or the licensor.

 

All trademarks, service marks, logos, trade names and any other proprietary designations of Unleesh used by the Platform are trademarks or registered trademarks of Unleesh. All goodwill generated from the use of Unleesh’ trademarks will inure to the exclusive benefit of Unleesh. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of the parties who own them. Unleesh reserves all rights not expressly granted herein.

 

Your License to Unleesh Content

 

All data, information, text, graphics images, music, sounds, photographs, illustrations, logos, messages, audio, video and other information or content that is available through the Platform, including any content licensed by Unleesh from a third party (collectively, “Unleesh Content”) is for informational or entertainment purposes only. Unleesh has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Unleesh Content, including errors in translation. You are solely responsible for your use of or reliance on any Unleesh Content.

 

Subject to your compliance with this Agreement and except with regard to your own User Content, Unleesh grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to access and view all Unleesh Content solely for your own personal purposes in connection with your own use of the Platform. You will have no right to sublicense this license. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Unleesh Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Unleesh Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Unleesh Content. Except as stated in this Section or as provided by any Additional Terms, you are granted no other licenses or rights in or to any Unleesh.

 

Notification of Claimed Copyright Infringement

 

In the event that you find content posted on the Platform which is believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact Unleesh’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"):

  • your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;

  • a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;

  • a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;

  • if your claim is based on a registered work, the registration number, and the date of issuance of the registration;

  • a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;

  • your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and

  • a statement that all of the information you have provided is true.

 

Please send your notice of alleged infringement to:

 

By Mail addressed to:

Travis Henry, Chief Product and Content Officer

110 16th Street, Suite 1300

Denver, CO 80202

 

Fax: 202-513-8588

 

E-mail: copyright@unleesh.com

 

In accordance with the DMCA, it is the policy of Unleesh to terminate use of our Platform by repeat infringers in appropriate circumstances.

 

Third Party Sites and Services

 

When accessing our Platform or related resources, you may encounter links to third-party websites or services. If you choose to access third party websites, you do so at your own risk. These other websites are not under Unleesh’s control, and you acknowledge that Unleesh is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources, or any damage caused by your use thereof. The inclusion of any such link does not imply endorsement by Unleesh or any association with its operators. You further acknowledge and agree that Unleesh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

 

Termination

 

Unless otherwise expressly set forth in any Additional Terms between you and Unleesh, Unleesh may terminate your access to all or any part of the Platform at any time, with or without cause, and with or without notice. This may result in the forfeiture and destruction of all information you have entered in your profile on the Platform (“Profile Information”), User Content or Path Content associated with your use of the Platform, or any account you may have created. All terminations will be subject to the terms and conditions set forth in any Additional Terms Unleesh may have with you. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and other intellectual property provisions, warranty disclaimers, indemnity and limitations of liability. Unleesh reserves the right to destroy any and all Profile Content, Path Content or User Content after a reasonable period of time. Unleesh shall not be liable for exercising the right to destroy any such content in accordance with this section.

 

Indemnification

 

You shall defend, indemnify, and hold harmless Unleesh, its affiliates and each of its, and its affiliates employees, contractors, directors, officers, agents, partners, suppliers and representatives, and the successors and assigns of each of the foregoing (each an “Unleesh Party”) from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your misuse of, or access to, the Platform, violation of these Terms or any Additional Terms that apply to you, or infringement by you, or any third party that you provide access to the Platform, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act, omission or negligence of Unleesh), or your violation of any law or regulation. Unleesh reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will provide reasonable assistance and cooperate with Unleesh in asserting any available defenses.

 

Warranty Disclaimer.

 

YOU ACKNOWLEDGE THAT UNLEESH HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHAT ANY USER DOES WITH THE CONTENT THEY CREATE USING THE PLATFORM OR FROM THE MOBILE DEVICE ON WHICH THE APP IS INSTALLED, OR ANY OTHER ACTIONS OF ANY END USER OF THE PLATFORM. UNLEESH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY OTHER PARTY WITH REGARD TO ITS USE OF CONTENT CREATED WHILE USING OUR PLATFORM.

 

OUR PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” AND TO THE GREATEST EXTENT PERMITTED BY LAW, UNLEESH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE.

 

THE UNLEESH PARTIES DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE COMPLETELY SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. UNLEESH MAY HAVE PROVIDED CERTAIN REPRESENTATIONS, WARRANTIES AND GUARANTEES TO OTHERS, BUT UNLESS MADE DIRECTLY TO YOU, SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES ARE FOR THE BENEFIT OF THAT THIRD PARTY AND NOT YOU.

YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability.

 

IN NO EVENT SHALL ANY UNLEESH PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE PLATFORM, THE INFORMATION COLLECTED OR TRANSMITTED THROUGH THE PLATFORM, THE CONDUCT OF YOU, ANY USER, OR ANY CONNECTION WITH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND ANY DAMAGES RESULTING IN ANY WAY FROM ANY USERS’ USE OF THE PLATFORM, OR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE PLATFORM. ALL LIABILITY OF THE UNLEESH PARTIES, HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF OR RELATED TO YOUR USE THE PLATFORM IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF ANY UNLEESH PARTY (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY UNLEESH PARTIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANY UNLEESH PARTY HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE PLATFORM FOR:

  • INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;

  • LOSS OF ACTUAL OR ANTICIPATED PROFITS;

  • LOSS OF REVENUE;

  • LOSS OF GOODWILL;

  • LOSS OF PATH CONTENT OR USER CONTENT;

  • LOSS OF ANTICIPATED SAVINGS;

  • WASTED EXPENDITURE; OR

  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

NOTHING IN THESE TERMS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LIABILITY OF THE UNLEESH PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Governing Law

 

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado and the United States of America, excluding any conflicts of law rules. For all purposes of these Terms and any claims arising out of or relating to the Platform, the parties consent to exclusive jurisdiction and venue in the United States Federal Court or state courts located in the City and County of Denver, Colorado. Use of the Platform is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section, or in any jurisdiction in which these Terms would be deemed illegal or unenforceable for any reason. You and Unleesh agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

Integration and Severability

 

These Terms, together with any Additional Terms between you and Unleesh (if applicable) are the entire agreement between you and Unleesh with respect to the Platform and use of the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Unleesh with respect to the Platform. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, Unleesh must provide you with written notice of such waiver through one of its authorized representatives.

 

Modification of Terms

 

Unleesh reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue all or part of the Platform (subject to the terms of any Additional Terms, if applicable), at any time by posting the revised Terms through the Platform and without notice to you. Your continued use of the Platform or any portion of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.

 

Miscellaneous

 

Unleesh shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Unleesh’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Unleesh’s prior written consent. Unleesh may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

 

Terms for iOS Users

 

Your download of this App for use on an iOS device constitutes your acknowledgement and acceptance that:

This agreement is between you and Unleesh, and not Apple Inc. Unleesh is solely responsible for the App and the content thereof.

The license for this software is non-transferable and may only be used on a Genuine Apple iPad, iPhone or iPod Touch owned and operated by you pursuant to the Apple App Store Terms of Platform.

 

Unleesh is solely responsible for all maintenance and support services for the App. Apple Inc. is in no way responsible for these services.

 

In the event of any failure of this App to conform to any applicable express or implied warranty, a user may notify Apple, and Apple will refund any purchase price paid to that end user. Unless required by law, Apple has no other warranty obligation with respect to the App.

 

Unleesh, not Apple Inc., is responsible for addressing any claims relating to the App and a user’s possession or use of the App, including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

In the event of a third party’s claim of intellectual property right infringement relating to the App or a user’s possession or use of the App, Unleesh, not Apple Inc., is solely responsible for the investigation, defense, settlement and discharge of that intellectual property infringement claim.

 

You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or has been designated by the U.S. as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Apple and its subsidiaries are third party beneficiaries of this agreement, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against You as a third party beneficiary thereof.

 

Questions?

 

If you have any questions or need any information about Unleesh, our collection and use of Personal Information, or our data protection practices, please contact us at:

 

Unleesh, LLC

110 16th Street, Suite 1300

Denver, CO 80202

Fax: 202-513-8588

 

or

 

contact@unleesh.com