TERMS OF USE
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding
agreement made between you, whether personally
or on behalf of an entity (“you”) and Unair Games ("Company", “we”, “us”, or “our”),
concerning your access to and use of the
https://unairgames.com website as well
as any other media form, media channel, mobile
website or mobile application related, linked,
or otherwise connected thereto (collectively,
the “Site”). You agree that by accessing the
Site, you have read, understood, and agreed to
be bound by all of these Terms of Use. IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Site from time to time
are hereby expressly incorporated herein by
reference. We reserve the right, in our sole
discretion, to make changes or modifications to
these Terms of Use at any time and for any
reason. We will alert you about any changes by
updating the “Last updated” date of these Terms
of Use, and you waive any right to receive
specific notice of each such change. It is your
responsibility to periodically review these
Terms of Use to stay informed of updates. You
will be subject to, and will be deemed to have
been made aware of and to have accepted, the
changes in any revised Terms of Use by your
continued use of the Site after the date such
revised Terms of Use are posted. The information
provided on the Site is not intended for
distribution to or use by any person or entity
in any jurisdiction or country where such
distribution or use would be contrary to law or
regulation or which would subject us to any
registration requirement within such
jurisdiction or country. Accordingly, those
persons who choose to access the Site from other
locations do so on their own initiative and are
solely responsible for compliance with local
laws, if and to the extent local laws are
applicable. The Site is not tailored to comply
with industry-specific regulations (Health
Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use
this Site. You may not use the Site in a way
that would violate the Gramm-Leach-Bliley Act
(GLBA). All users who are minors in the
jurisdiction in which they reside (generally
under the age of 18) must have the permission
of, and be directly supervised by, their parent
or guardian to use the Site. If you are a minor,
you must have your parent or guardian read and
agree to these Terms of Use prior to you using
the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our
proprietary property and all source code,
databases, functionality, software, website
designs, audio, video, text, photographs, and
graphics on the Site (collectively, the
“Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are
owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws
and various other intellectual property rights
and unfair competition laws of the United
States, international copyright laws, and
international conventions. The Content and the
Marks are provided on the Site “AS IS” for your
information and personal use only. Except as
expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any
commercial purpose whatsoever, without our
express prior written permission. Provided that
you are eligible to use the Site, you are
granted a limited license to access and use the
Site and to download or print a copy of any
portion of the Content to which you have
properly gained access solely for your personal,
non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the
Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant
that: (1) all registration information you
submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of
such information and promptly update such
registration information as necessary; (3) you
have the legal capacity and you agree to comply
with these Terms of Use; (4) you are not a minor
in the jurisdiction in which you reside, or if a
minor, you have received parental permission to
use the Site; (5) you will not access the Site
through automated or non-human means, whether
through a bot, script, or otherwise; (6) you
will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the
Site will not violate any applicable law or
regulation. If you provide any information that
is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or
terminate your account and refuse any and all
current or future use of the Site (or any
portion thereof).
USER REGISTRATION
You may be required to register with the Site.
You agree to keep your password confidential and
will be responsible for all use of your account
and password. We reserve the right to remove,
reclaim, or change a username you select if we
determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any
purpose other than that for which we make the
Site available. The Site may not be used in
connection with any commercial endeavors except
those that are specifically endorsed or approved
by us. As a user of the Site, you agree not to:
1. Systematically retrieve data or other content
from the Site to create or compile, directly or
indirectly, a collection, compilation, database,
or directory without written permission from us.
2. Trick, defraud, or mislead us and other
users, especially in any attempt to learn
sensitive account information such as user
passwords. 3. Circumvent, disable, or otherwise
interfere with security-related features of the
Site, including features that prevent or
restrict the use or copying of any Content or
enforce limitations on the use of the Site
and/or the Content contained therein. 4.
Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site. 5. Use any
information obtained from the Site in order to
harass, abuse, or harm another person. 6. Make
improper use of our support services or submit
false reports of abuse or misconduct. 7. Use the
Site in a manner inconsistent with any
applicable laws or regulations. 8. Use the Site
to advertise or offer to sell goods and
services. 9. Engage in unauthorized framing of
or linking to the Site. 10. Upload or transmit
(or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including
excessive use of capital letters and spamming
(continuous posting of repetitive text), that
interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance
of the Site. 11. Engage in any automated use of
the system, such as using scripts to send
comments or messages, or using any data mining,
robots, or similar data gathering and extraction
tools. 12. Delete the copyright or other
proprietary rights notice from any Content. 13.
Attempt to impersonate another user or person or
use the username of another user. 14. Sell or
otherwise transfer your profile. 15. Upload or
transmit (or attempt to upload or to transmit)
any material that acts as a passive or active
information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”). 16.
Interfere with, disrupt, or create an undue
burden on the Site or the networks or services
connected to the Site. 17. Harass, annoy,
intimidate, or threaten any of our employees or
agents engaged in providing any portion of the
Site to you. 18. Attempt to bypass any measures
of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
19. Copy or adapt the Site’s software, including
but not limited to Flash, PHP, HTML, JavaScript,
or other code. 20. Decipher, decompile,
disassemble, or reverse engineer any of the
software comprising or in any way making up a
part of the Site. 21. Except as may be the
result of standard search engine or Internet
browser usage, use, launch, develop, or
distribute any automated system, including
without limitation, any spider, robot, cheat
utility, scraper, or offline reader that
accesses the Site, or using or launching any
unauthorized script or other software. 22. Use a
buying agent or purchasing agent to make
purchases on the Site. 23. Make any unauthorized
use of the Site, including collecting usernames
and/or email addresses of users by electronic or
other means for the purpose of sending
unsolicited email, or creating user accounts by
automated means or under false pretenses. 24.
Use the Site as part of any effort to compete
with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or
commercial enterprise.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to,
or participate in blogs, message boards, online
forums, and other functionality, and may provide
you with the opportunity to create, submit,
post, display, transmit, perform, publish,
distribute, or broadcast content and materials
to us or on the Site, including but not limited
to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable
by other users of the Site and through
third-party websites. As such, any Contributions
you transmit may be treated as non-confidential
and non-proprietary. When you create or make
available any Contributions, you thereby
represent and warrant that: 1. The creation,
distribution, transmission, public display, or
performance, and the accessing, downloading, or
copying of your Contributions do not and will
not infringe the proprietary rights, including
but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any
third party. 2. You are the creator and owner of
or have the necessary licenses, rights,
consents, releases, and permissions to use and
to authorize us, the Site, and other users of
the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or
permission of each and every identifiable
individual person in your Contributions to use
the name or likeness of each and every such
identifiable individual person to enable
inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms
of Use. 4. Your Contributions are not false,
inaccurate, or misleading. 5. Your Contributions
are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation. 6. Your Contributions are not
obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise
objectionable (as determined by us). 7. Your
Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone. 8. Your
Contributions do not advocate the violent
overthrow of any government or incite,
encourage, or threaten physical harm against
another. 9. Your Contributions do not violate
any applicable law, regulation, or rule. 10.
Your Contributions do not violate the privacy or
publicity rights of any third party. 11. Your
Contributions do not contain any material that
solicits personal information from anyone under
the age of 18 or exploits people under the age
of 18 in a sexual or violent manner. 12. Your
Contributions do not violate any applicable law
concerning child pornography, or otherwise
intended to protect the health or well-being of
minors; 13. Your Contributions do not include
any offensive comments that are connected to
race, national origin, gender, sexual
preference, or physical handicap. 14. Your
Contributions do not otherwise violate, or link
to material that violates, any provision of
these Terms of Use, or any applicable law or
regulation. Any use of the Site in violation of
the foregoing violates these Terms of Use and
may result in, among other things, termination
or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the
Site or making Contributions accessible to the
Site by linking your account from the Site to
any of your social networking accounts, you
automatically grant, and you represent and
warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute
such Contributions (including, without
limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise,
and to prepare derivative works of, or
incorporate into other works, such
Contributions, and grant and authorize
sublicenses of the foregoing. The use and
distribution may occur in any media formats and
through any media channels. This license will
apply to any form, media, or technology now
known or hereafter developed, and includes our
use of your name, company name, and franchise
name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal
and commercial images you provide. You waive all
moral rights in your Contributions, and you
warrant that moral rights have not otherwise
been asserted in your Contributions. We do not
assert any ownership over your Contributions.
You retain full ownership of all of your
Contributions and any intellectual property
rights or other proprietary rights associated
with your Contributions. We are not liable for
any statements or representations in your
Contributions provided by you in any area on the
Site. You are solely responsible for your
Contributions to the Site and you expressly
agree to exonerate us from any and all
responsibility and to refrain from any legal
action against us regarding your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize
any Contributions to place them in more
appropriate locations on the Site; and (3) to
pre-screen or delete any Contributions at any
time and for any reason, without notice. We have
no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave
reviews or ratings. When posting a review, you
must comply with the following criteria: (1) you
should have firsthand experience with the
person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or
abusive, racist, offensive, or hate language;
(3) your reviews should not contain
discriminatory references based on religion,
race, gender, national origin, age, marital
status, sexual orientation, or disability; (4)
your reviews should not contain references to
illegal activity; (5) you should not be
affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions
as to the legality of conduct; (7) you may not
post any false or misleading statements; and (8)
you may not organize a campaign encouraging
others to post reviews, whether positive or
negative. We may accept, reject, or remove
reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent
our opinions or the views of any of our
affiliates or partners. We do not assume
liability for any review or for any claims,
liabilities, or losses resulting from any
review. By posting a review, you hereby grant to
us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce,
modify, translate, transmit by any means,
display, perform, and/or distribute all content
relating to reviews.
SOCIAL MEDIA
As part of the functionality of the Site, you
may link your account with online accounts you
have with third-party service providers (each
such account, a “Third-Party Account”) by
either: (1) providing your Third-Party Account
login information through the Site; or (2)
allowing us to access your Third-Party Account,
as is permitted under the applicable terms and
conditions that govern your use of each
Third-Party Account. You represent and warrant
that you are entitled to disclose your
Third-Party Account login information to us
and/or grant us access to your Third-Party
Account, without breach by you of any of the
terms and conditions that govern your use of the
applicable Third-Party Account, and without
obligating us to pay any fees or making us
subject to any usage limitations imposed by the
third-party service provider of the Third-Party
Account. By granting us access to any
Third-Party Accounts, you understand that (1) we
may access, make available, and store (if
applicable) any content that you have provided
to and stored in your Third-Party Account (the
“Social Network Content”) so that it is
available on and through the Site via your
account, including without limitation any friend
lists and (2) we may submit to and receive from
your Third-Party Account additional information
to the extent you are notified when you link
your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose
and subject to the privacy settings that you
have set in such Third-Party Accounts,
personally identifiable information that you
post to your Third-Party Accounts may be
available on and through your account on the
Site. Please note that if a Third-Party Account
or associated service becomes unavailable or our
access to such Third Party Account is terminated
by the third-party service provider, then Social
Network Content may no longer be available on
and through the Site. You will have the ability
to disable the connection between your account
on the Site and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort
to review any Social Network Content for any
purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we
are not responsible for any Social Network
Content. You acknowledge and agree that we may
access your email address book associated with a
Third-Party Account and your contacts list
stored on your mobile device or tablet computer
solely for purposes of identifying and informing
you of those contacts who have also registered
to use the Site. You can deactivate the
connection between the Site and your Third-Party
Account by contacting us using the contact
information below or through your account
settings (if applicable). We will attempt to
delete any information stored on our servers
that was obtained through such Third-Party
Account, except the username and profile picture
that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions")
provided by you to us are non-confidential and
shall become our sole property. We shall own
exclusive rights, including all intellectual
property rights, and shall be entitled to the
unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial
or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby
warrant that any such Submissions are original
with you or that you have the right to submit
such Submissions. You agree there shall be no
recourse against us for any alleged or actual
infringement or misappropriation of any
proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the
Site) links to other websites ("Third-Party
Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound,
video, information, applications, software, and
other content or items belonging to or
originating from third parties ("Third-Party
Content"). Such Third-Party Websites and
Third-Party Content are not investigated,
monitored, or checked for accuracy,
appropriateness, or completeness by us, and we
are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party
Content posted on, available through, or
installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or
contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any
Third-Party Websites or any Third-Party Content
does not imply approval or endorsement thereof
by us. If you decide to leave the Site and
access the Third-Party Websites or to use or
install any Third-Party Content, you do so at
your own risk, and you should be aware these
Terms of Use no longer govern. You should review
the applicable terms and policies, including
privacy and data gathering practices, of any
website to which you navigate from the Site or
relating to any applications you use or install
from the Site. Any purchases you make through
Third-Party Websites will be through other
websites and from other companies, and we take
no responsibility whatsoever in relation to such
purchases which are exclusively between you and
the applicable third party. You agree and
acknowledge that we do not endorse the products
or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused
by your purchase of such products or services.
Additionally, you shall hold us harmless from
any losses sustained by you or harm caused to
you relating to or resulting in any way from any
Third-Party Content or any contact with
Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation,
to: (1) monitor the Site for violations of these
Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion,
violates the law or these Terms of Use,
including without limitation, reporting such
user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse,
restrict access to, limit the availability of,
or disable (to the extent technologically
feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to
remove from the Site or otherwise disable all
files and content that are excessive in size or
are in any way burdensome to our systems; and
(5) otherwise manage the Site in a manner
designed to protect our rights and property and
to facilitate the proper functioning of the
Site.
PRIVACY POLICY
We care about data privacy and security. By
using the Site, you agree to be bound by our
Privacy Policy posted on the Site, which is
incorporated into these Terms of Use. Please be
advised the Site is hosted in the Netherlands.
If you access the Site from any other region of
the world with laws or other requirements
governing personal data collection, use, or
disclosure that differ from applicable laws in
the Netherlands, then through your continued use
of the Site, you are transferring your data to
the Netherlands, and you agree to have your data
transferred to and processed in the Netherlands.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of
others. If you believe that any material
available on or through the Site infringes upon
any copyright you own or control, please
immediately notify us using the contact
information provided below (a “Notification”). A
copy of your Notification will be sent to the
person who posted or stored the material
addressed in the Notification. Please be advised
that pursuant to applicable law you may be held
liable for damages if you make material
misrepresentations in a Notification. Thus, if
you are not sure that material located on or
linked to by the Site infringes your copyright,
you should consider first contacting an
attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force
and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED
IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED
AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION. If we terminate or suspend your
account for any reason, you are prohibited from
registering and creating a new account under
your name, a fake or borrowed name, or the name
of any third party, even if you may be acting on
behalf of the third party. In addition to
terminating or suspending your account, we
reserve the right to take appropriate legal
action, including without limitation pursuing
civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Site at any time or
for any reason at our sole discretion without
notice. However, we have no obligation to update
any information on our Site. We also reserve the
right to modify or discontinue all or part of
the Site without notice at any time. We will not
be liable to you or any third party for any
modification, price change, suspension, or
discontinuance of the Site. We cannot guarantee
the Site will be available at all times. We may
experience hardware, software, or other problems
or need to perform maintenance related to the
Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason
without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access
or use the Site during any downtime or
discontinuance of the Site. Nothing in these
Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any
corrections, updates, or releases in connection
therewith.
GOVERNING LAW
These conditions are governed by and interpreted
following the laws of Spain, and the use of the
United Nations Convention of Contracts for the
International Sale of Goods is expressly
excluded. If your habitual residence is in the
EU, and you are a consumer, you additionally
possess the protection provided to you by
obligatory provisions of the law of your country
of residence. Unair Games and yourself both
agree to submit to the non-exclusive
jurisdiction of the courts of Vizcaya, which
means that you may make a claim to defend your
consumer protection rights in regards to these
Conditions of Use in Spain, or in the EU country
in which you reside.
DISPUTE RESOLUTION
Binding Arbitration Any dispute arising from the
relationships between the parties to this
contract shall be determined by one arbitrator
who will be chosen in accordance with the
Arbitration and Internal Rules of the European
Court of Arbitration being part of the European
Centre of Arbitration having its seat in
Strasbourg, and which are in force at the time
the application for arbitration is filed, and of
which adoption of this clause constitutes
acceptance. The seat of arbitration shall be
Getxo, Spain. The language of the proceedings
shall be Spanish. Applicable rules of
substantive law shall be the law of Spain.
Restrictions The Parties agree that any
arbitration shall be limited to the Dispute
between the Parties individually. To the full
extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute
to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there
is no right or authority for any Dispute to be
brought in a purported representative capacity
on behalf of the general public or any other
persons. Exceptions to Arbitration The Parties
agree that the following Disputes are not
subject to the above provisions concerning
binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity
of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is
found to be illegal or unenforceable, then
neither Party will elect to arbitrate any
Dispute falling within that portion of this
provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that
court.
CORRECTIONS
There may be information on the Site that
contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing,
availability, and various other information. We
reserve the right to correct any errors,
inaccuracies, or omissions and to change or
update the information on the Site at any time,
without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THE
SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE
A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO $0.00 USD. CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries,
affiliates, and all of our respective officers,
agents, partners, and employees, from and
against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use
of the Site; (3) breach of these Terms of Use;
(4) any breach of your representations and
warranties set forth in these Terms of Use; (5)
your violation of the rights of a third party,
including but not limited to intellectual
property rights; or (6) any overt harmful act
toward any other user of the Site with whom you
connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your
expense, to assume the exclusive defense and
control of any matter for which you are required
to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims.
We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is
subject to this indemnification upon becoming
aware of it.
USER DATA
We will maintain certain data that you transmit
to the Site for the purpose of managing the
performance of the Site, as well as data
relating to your use of the Site. Although we
perform regular routine backups of data, you are
solely responsible for all data that you
transmit or that relates to any activity you
have undertaken using the Site. You agree that
we shall have no liability to you for any loss
or corruption of any such data, and you hereby
waive any right of action against us arising
from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and
completing online forms constitute electronic
communications. You consent to receive
electronic communications, and you agree that
all agreements, notices, disclosures, and other
communications we provide to you electronically,
via email and on the Site, satisfy any legal
requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements
under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction
which require an original signature or delivery
or retention of non-electronic records, or to
payments or the granting of credits by any means
other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer
Services of the California Department of
Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating
rules posted by us on the Site or in respect to
the Site constitute the entire agreement and
understanding between you and us. Our failure to
exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver
of such right or provision. These Terms of Use
operate to the fullest extent permissible by
law. We may assign any or all of our rights and
obligations to others at any time. We shall not
be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause
beyond our reasonable control. If any provision
or part of a provision of these Terms of Use is
determined to be unlawful, void, or
unenforceable, that provision or part of the
provision is deemed severable from these Terms
of Use and does not affect the validity and
enforceability of any remaining provisions.
There is no joint venture, partnership,
employment or agency relationship created
between you and us as a result of these Terms of
Use or use of the Site. You agree that these
Terms of Use will not be construed against us by
virtue of having drafted them. You hereby waive
any and all defenses you may have based on the
electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute
these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the
Site or to receive further information regarding
use of the Site, please contact us at:
Unair Games c/ Satistegi 7, 3I Getxo,
Vizcaya 48991 Spain Phone: 676443093
contact@unairgames.com