Terms of Service
Unicorn Terms of Service
Last Modified: June 20, 2019
Who’s Who - Brief Introduction to Unicorn!
Welcome to Unicorn’s website, https://unicornrides.com! Sound, Inc. (“Unicorn,” “we,” “our,” or “us”) believes that people should be able to explore the world with safety, ease, and excitement, and our mission is to encourage you to do so through the use of our electric scooters and related equipment (each, a “Scooter”). These Terms of Service and purchase terms (the “Terms”) are a legally binding agreement that describe your legal rights, remedies and obligations and they also describe Unicorn’s commitments, legal rights and remedies, so please read them carefully.
Who Do These Terms Apply To?
Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.
IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- What’s What - Things to Know About Using Our Service.
- Who is Eligible to Use the Service.
This is a contract between you and Unicorn. You must read and agree to these terms before using the Unicorn Service. If you do not agree, you may not use the Service or purchase any Products. You may use the Service and/or purchase Products only if you can form a binding contract with Unicorn, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Unicorn.
- The License to the Unicorn Service and App.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable and freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Unicorn reserves all rights not expressly granted herein in the Service and the Unicorn Content (as defined below). We may choose to terminate this license and these Terms in the future if we feel like your use does not fit with what Unicorn requires for the safety of our Users, including you, or does not fit what we envision for how Unicorn will operate. We cannot foresee every issue that may come up, and so we reserve the right to terminate this license at any time for any reason or no reason.
- Riding our Scooters.
You are a Competent Vehicle Operator. While riding an electric Scooter is fun and easy, it is also very easy to injure yourself while riding one. Please do not ride a Scooter if you are not physically fit enough to do so. Scooters are not for everyone. If you feel like Scooters are not for you, please walk, take a car or find a different means of transportation.
DO NOT RIDE OUR SCOOTERS AFTER DRINKING ALCOHOL. Any amount of alcohol in your system makes you unfit to ride.
When you ride a Scooter, you certify and expressly agree that you are responsible for compliance with all terms and conditions contained in these Terms. You further represent and certify that you are familiar with the operation of the Scooter, and you are reasonably competent and physically fit to use the Scooter. By choosing to use a Scooter, you assume all responsibilities and risks for any injuries and/or medical conditions, as detailed further below. You are responsible for determining weather conditions, including rain, snow, hail, ice or electrical storms, and/or any other conditions which, whether caused by the weather or otherwise, make it dangerous to operate a Scooter. Please adjust your riding behavior and braking distance to suit all conditions and variables, including weather and traffic.
Requirements Before You Use the Scooter. Before each use of a Scooter, you shall conduct a basic safety inspection of the Scooter, which includes inspecting the following: (i) trueness of the wheels; (ii) safe operation of all brakes and lights; (iii) good condition of the frame; and (iv) any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You agree not to ride the Scooter if there are any noticeable issues.
Requirements While Using the Scooter. If at any time, whether prior to, during, or after riding the Scooter, you discover any defect or notice any other potentially unsafe condition on any Scooter, no matter how slight, you must not use the Scooter, or, if you are already riding the Scooter, you must immediately cease riding when it is safe to do so. Please put your safety first.
You agree to park the Scooter lawfully and in locations that do not block anything, including paths, sidewalks, or doorways. It is important to keep paths clear for everyone.
If you do not strictly comply with the aforementioned requirements, you shall be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, attorneys’ fees, judgments, suits settlements, and/or disbursements of any kind, or nature whatsoever, whether foreseeable or unforeseeable, and whether known or unknown, and you shall indemnify and hold harmless Unicorn for the same.
Helmets; Safety. Unicorn advises you to wear a helmet at all times while using any of the Service, the Scooter, and/or related equipment, whether required by law or not. Unicorn recommends that you wear a Snell, CPSC, ANSI or ASTM approved helmet that has been properly sized, fitted and fastened according to the manufacturer’s instructions. If wearing a helmet is required by the laws, rules, regulations and/or ordinances applicable to the area in which the Scooter is operated, you agree to comply with such laws and regulations at all times. You agree that neither Unicorn nor its affiliates, agents, directors, employees, suppliers or licensors will be liable for any injury or death suffered by you while using the Service, whether or not you are wearing a helmet at the time of injury.
You expressly acknowledge and agree that you may need to take additional safety measures or precautions not specifically addressed in these Terms, and you expressly acknowledge and agree that determining whether you must do so is your sole responsibility - not Unicorn’s responsibility.
Routes. You agree that Unicorn does not provide or maintain places to ride the Scooters, and that Unicorn does not guarantee that there will always be a safe place to ride any particular Scooters. Roads, bicycle lanes, and routes may become dangerous due to weather, traffic, and/or other hazards outside of Unicorn’s control. Unicorn shall not be liable for any of the foregoing, without limitation. You are solely responsible for choosing a responsible and safe route. You must obey all laws at all times in choosing a route, and it is your sole responsibility to be familiar with the applicable laws, rules, regulations, and/or ordinances of the jurisdiction in which You are using Unicorn’s Services and/or Scooters.
- The License to the Unicorn App.
We may make available software to access the Service via a mobile device (the “App”). To use the App you must have a mobile device that is compatible with the App. Unicorn does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Unicorn hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Unicorn account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Unicorn may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Unicorn or its third-party partners or suppliers retain all right, title, and interest in the App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Unicorn reserves all rights not expressly granted under these Terms. If the App is being acquired on behalf of the United States Government, then the following provision applies. The App will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The App originates in the United States, and is subject to United States export laws and regulations. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the App and the Service.
- If You Download the App from an App Store, these Additional Terms Apply.
The following applies to any App you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Unicorn, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Unicorn as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Unicorn as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Unicorn, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Unicorn acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any App you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Unicorn, not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Unicorn, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as relates to Unicorn’s Google-Sourced Software.
- Wireless Features.
The Service may offer certain features and services that are available to you via a wireless device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages (including text and SMS messages) from the Service, and download applications to your wireless device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. You confirm that you are the current subscriber and/or customary user of the mobile number registered with the Service and authorized to incur any message or data charges that may be charged by your carrier. You are strictly prohibited from registering a mobile number that is not your own. If we discover that any information provided is false or inaccurate, we may hold, suspend or terminate your access to the Service at any time. Your participation in the Service is completely voluntary. You agree that as to the Wireless Features for which you are registered, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. You must notify Unicorn immediately of any breach of security or unauthorized use of your mobile phone. Although Unicorn will not be liable for your losses caused by any unauthorized use of your mobile device, you may be liable for the losses of Unicorn or others due to such unauthorized use.
- Unicorn Accounts.
Your Unicorn account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Unicorn account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify Unicorn immediately of any breach of security or unauthorized use of your account. Unicorn will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Unicorn your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. By providing Unicorn your phone number, you consent to our using such number to send you Service-related SMS text messages related to your account creation and verification process. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Subject to these Terms, we will provide UnicornCare support and services, as applicable, for additional fees. Solely at your own risk, you agree to allow Unicorn and our agents the rights to access the Scooter and/or App subject to repair, maintenance, or replacement. You represent and warrant you are either the owner of the Scooter and/or App or that you have the authority to give us access to the same. If you are not the owner of the Scooter and/or App, you are responsible for obtaining any and all necessary approval from the owner to allow us and our agents access to the Scooter and/or App to perform the activities described in this Section. UnicornCare does not include a guarantee, warranty, or extended warranty that we can repair any Scooter and/or App or that we will replace or provide a refund of your Product’s purchase price in the event the Scooter and/or App cannot be repaired.
- How you Can’t Use the Unicorn Service.
- General Service Rules.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Unicorn servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Unicorn grants the operators of public search engines revocable permission to use spiders to copy publically available materials from the Unicorn Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
You are solely responsible for your interactions with other Unicorn Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Unicorn shall have no liability for your interactions with other Users, or for any User’s action or inaction.
- Scooter Specific Rules.
You agree you will not:
- Operate any Scooter (i) in violation of any laws, rules, regulations, and/or ordinances, including any and all rules pertaining to riding any Scooter on sidewalks and/or parking Scooter; (ii) while carrying any briefcase, backpack, bag, or other item if it impedes your ability to operate safely the Scooter; (iii) while under the influence of any alcohol, drugs, medication, and/or any other substance that may impair your ability to safely operate any Scooter;
- Use any cellular telephone, text messaging device, portable music player, and/or any other device that may distract you from safely operating any Scooter;
- Carry any other person on a Scooter;
- Park any Scooter in a manner that does not strictly comply with all applicable laws, rules, regulations, and/or ordinances. You expressly agree that you are responsible for becoming familiar with any and all applicable laws, rules, regulations, and/or ordinances in the location that you are operating any Scooter; and
- Operate and/or use a Product in any location that is prohibited, illegal and/or a nuisance to others.
- Additional Permissions You Give and Promises You Make to Us.
- Scooter Specific.
You expressly agree that you will only use the Scooter in areas where the Scooter is allowed by law, rule, regulation or ordinance. You agree that you will not use any Scooter in any restricted areas, and you assume all responsibility and liability for any operation of any Scooter in any restricted area, including, but not limited to, any fines or fees as a result of your use of any of the Scooter in any restricted areas. You further agree to follow all laws, rules, regulations, and/or ordinances pertaining to the use, riding and/or operation of the Scooter, including, without limitation, helmet laws.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY VIOLATION OF ANY LAWS, RULES, REGULATIONS, AND/OR ORDINANCES CAUSED BY YOUR USE OF THE SERVICE, INCLUDING IMPROPER RIDING AND/OR PARKING OF THE SCOOTER, AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS, FEES (INCLUDING IMPOUNDING FEES CHARGED BY ANY LOCAL GOVERNMENT) AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICE.
- User Content.
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on or through the Service, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with any Unicorn promoted hashtag (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Unicorn and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (a) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (b) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Unicorn will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Unicorn shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Unicorn retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Unicorn, you will furnish Unicorn any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Unicorn and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Unicorn does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge Unicorn and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Unicorn or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Unicorn has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Unicorn acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Unicorn becomes aware of any User Content that allegedly may not conform to these Terms, Unicorn may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Unicorn has no liability or responsibility to Users for performance or nonperformance of such activities.
UNICORN HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST UNICORN FOR SUCH REMOVAL AND/OR DELETION. UNICORN IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SERVICE OR ANY OTHER SITES OR PLATFORMS.
- Rights that We Retain – Our Content.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Unicorn Content”), and all Intellectual Property Rights (defined below) related thereto, are the exclusive property of Unicorn and its licensors (including other Users who post User Content to the Service). For the avoidance of doubt, the Scooters, and any Unicorn equipment attached thereto, at all times, remain the exclusive property of Unicorn. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Unicorn Content. Use of the Unicorn Content for any purpose not expressly permitted by these Terms is strictly prohibited. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Unicorn under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Unicorn does not waive any rights to use similar or related ideas previously known to Unicorn, or developed by its employees, or obtained from sources other than you.
- Order and Payment Terms; How the Payment Process Works.
If Unicorn offers the ability to pre-order Products (“Pre-Orders”), such Pre-Orders are not transferable. If you transfer your Pre-Order, Unicorn may cancel your Pre-Order and refund any amounts that you paid for such Pre-Order.
- Placing an Order.
After you place an order, we will review the information you provided for validity by verifying your method of payment, billing, and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories. You agree to provide current, complete and accurate purchase and account information for all orders. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid order information may result in delays in processing your order. For Product purchases, your receipt of an order confirmation does not constitute Unicorn’s acceptance of your order. Without prior notification, Unicorn maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Unicorn may, but is not obligated to, investigate your order for violation of these Terms, including without limitation to verify your credit card information. Unicorn reserves the right not to sell to resellers, dealers, or distributors. If your order is canceled or refused, we will attempt to notify you using the email address or phone number you have given us with the order.
- Payment Methods.
You must input a payment method (e.g., credit card number and expiration date) before you will be registered to use the Service. You represent and warrant to Unicorn that you are authorized to use the payment method that you furnish to Unicorn. You authorize Unicorn, or our third-party payment processor such as Stripe or Shopify, to charge the payment method provided for all fees incurred by you. By using our Service, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal and Shopify’s Terms of Service available at https://www.shopify.com/legal/terms. All fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Unicorn.
After we’ve received your payment, we will ship you the Product(s) that conform to your order. We will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. Please note that you may be required to sign for delivery of Products. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as reasonably possible after you place your order. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays. You agree that you will not hold Company liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from Company, all Products are shipped F.O.B. from any place we designate the Products to leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. You agree to pay any additional charges that may arise to do circumstances in which we take such action.
- No Sales to Children.
Unicorn does not sell products through its Service for or to children, but only to adults, who can purchase with a credit card or other permitted payment method. If you are under eighteen (18) years of age, you may use the Service only with involvement and consent of a parent or legal guardian.
- California Residents.
The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
- Term; Termination of these Terms and Your Account.
These Terms will be in effect from the time that you place an order until terminated as provided for by these Terms or by any addendum to or replacement of these Terms. UnicornCare begins the day your Scooter is delivered to the address you provide. At any time and from time to time, and without your consent, Unicorn may unilaterally terminate your right to use the Service, in Unicorn’s sole discretion and without any notice or cause. You may terminate your use of the Service at any time; provided, however, that no refund will be provided by Unicorn. All applicable fees and charges for the Service will accrue until these Terms have terminated or the Service has been terminated. These Terms remain in full force and effect, in accordance with its terms and conditions, after any termination of your right to use the Service, regardless of how the Terms are terminated.
- Learn More About Privacy Information and How It Pertains to You.
- Security Information.
Unicorn cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Connecting to Links Not Owned or Controlled by Unicorn - Third-Party Links and Information.
- Your Indemnity Obligations.
You agree to defend, indemnify and hold harmless Unicorn and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use or misuse of and access to the Service, including any use or misuse of a Scooter and any related equipment and any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
- Disclaimer of Warranties.
WE STRIVE TO PROVIDE THE SERVICE IN THE WAY YOU NEED IT, BUT THERE ARE SOME THINGS IT IS IMPORTANT FOR YOU TO UNDERSTAND THAT WE CANNOT PROMISE.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE, INSTRUCTIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNICORN OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, UNICORN, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
UNICORN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND UNICORN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- Assumption of Risk by You.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY MISUSE, CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN, AS A RESULT OF USING ANY OF THE SERVICES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, THE SCOOTERS, AND/OR RELATED EQUIPMENT, IS AT YOUR SOLE AND INDIVIDUAL RISK, AND THAT UNICORN AND THE RELEASED PERSONS (DEFINED BELOW) ARE NOT RESPONSIBLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU FULLY UNDERSTAND THE RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE, THE SCOOTERS, AND/OR RELATED EQUIPMENT, AND THAT YOU ASSUME SUCH RISK.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE SCOOTERS AT ALL TIMES. YOU AGREE THAT THE SCOOTERS ARE MACHINES THAT MAY MALFUNCTION, EVEN IF THE SCOOTERS ARE PROPERLY MAINTAINED, AND THAT SUCH MALFUNCTION MAY CAUSE INJURY.
YOU AGREE THAT RIDING THE SCOOTERS INVOLVES MANY OBVIOUS AND NOT-SO-OBVIOUS RISKS, DANGERS, AND HAZARDS, WHICH MAY RESULT IN INJURY OR DEATH TO YOU OR OTHERS, AS WELL AS DAMAGE TO PROPERTY, AND THAT SUCH RISKS, DANGERS, AND HAZARDS CANNOT ALWAYS BE PREDICTED OR AVOIDED.
YOU AGREE THAT SUCH RISKS, DANGERS, AND HAZARDS ARE YOUR SOLE RESPONSIBILITY, INCLUDING, BUT NOT LIMITED TO, CHOOSING WHETHER TO WEAR A HELMET OTHER PROTECTIVE GEAR. UNICORN ADVISES YOU TO WEAR A SNELL, CPSC, ANSI OR ASTM APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS AT ALL TIMES WHILE USING ANY THE SCOOTERS, WHETHER REQUIRED BY LAW OR NOT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU ARE REQUIRED TO WEAR A HELMET IN THE PARTICULAR JURISDICTION IN WHICH YOU ARE USING THE SCOOTERS. IF YOU DO NOT WEAR A SNELL, CPSC, ANSI OR ASTM APPROVED HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS, YOU DO SO AT YOUR OWN RISK. A HELMET AND PROTECTIVE GEAR, EVEN WHEN USED, DO NOT ELIMINATE THE RISK OF BODILY INJURY IN THE EVENT OF AN ACCIDENT.
YOU AGREE THAT IF YOUR USE OF THE SERVICE, THE SCOOTERS, AND/OR RELATED EQUIPMENT CAUSES ANY INJURY OR DAMAGE TO ANOTHER PERSON OR PROPERTY, THEN YOU WILL BE LIABLE FOR ANY AND ALL CONSEQUENCES, CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, DAMAGES, INJURIES, FEES, COSTS AND EXPENSES, PENALTIES, ATTORNEYS’ FEES, JUDGMENTS, SUITS AND/OR DISBURSEMENTS OF ANY KIND, OR NATURE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER KNOWN OR UNKNOWN.
- Releases by You.
In exchange for your use of the Service, Scooters, and other equipment or related information provided by Unicorn, you agree to fully release, indemnify, and hold harmless Unicorn and all of its owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, assigns, and to the fullest extent permitted by law any municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) with which the operators have contracted with to provide the Service, and every sponsor the Service and all of the sponsor’s owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns (collectively, the “Released Persons”) from liability for all “Claims” arising out of or in any way related to your use of the Service, Scooters, or related equipment, including, but not limited to, those Claims based on Released Persons’ alleged negligence, breach of contract, and/or breach of express or implied warranty, except for Claims based on Released Persons’ gross negligence or willful misconduct. Such released are intended to be general and complete releases of all Claims. “Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorney’s fees, whether incurred at trial, on appeal, or otherwise), damages (including but not limited to, for personal injury, wrongful death, property damage, and injury to rider or to third parties, consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, unasserted, fixed, conditional, or contingent) that arise from or relate to (a) the Service, including any of the Scooters, placement, equipment, maintenance, related information, this agreement or (b) your use of any of the foregoing.
You are aware that your use of the Service, Scooters, and related equipment involves obvious and not-so-obvious risks, dangers, and hazards that may result in injury or death to you or others and damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. Risks, dangers, and hazards, include, but are not limited to:
- vehicles and other objects;
- Scooter or component malfunction;
- road conditions;
- weather conditions;
- failure to perform the required safety check;
- failure to wear a helmet where required by law; and
- negligent acts or omissions by Unicorn, any other Released Person, or third party.
You are solely and fully responsible for the safe operation of the Scooter at all times. You agree that Scooters are machines that may malfunction, even if the Scooter is properly maintained and that such malfunction may cause injury. You assume full and complete responsibility for all related risks, dangers, and hazards.
To the fullest extent permitted by law, this release and hold harmless agreement includes any and all Claims related to or arising from the sole or partial negligence of Unicorn, the Released Parties, any municipality or any other party. You hereby expressly waive any claims against the Released Parties, any municipality or any other party which you do not know or suspect to exist in his or her favor at the time of use of the Service, and expressly waive your rights under any statutes that purport to preserve your unknown claims.
YOUR ACCEPTANCE OF THESE TERMS
You certify that you have read and expressly agree to the terms and conditions of Section 11 (Disclaimer of Warranties), Section 12 (Assumption of Risk by You) and Section 13 (Releases by You) and you acknowledge that this section limits your legal rights and remedies. You intend your assent to these Terms to be a complete and unconditional release of all liability to the greatest extent permitted by law. You represent and certify that you are familiar with the operation of the Scooter, and are reasonably competent and physically fit to ride the Scooter.
You certify that you are 18 years old or over, you will wear a helmet where required by law, you will not ride a Scooter with another occupant, you will obey all traffic laws, you will ride at my own risk, and you have read and expressly agree to the terms and conditions set forth in these Terms.
You expressly agree and acknowledge that you may discover facts or law different from, or in addition to, the facts or law that you know or believe to be true with respect to the Claims and the Released Persons. Nonetheless, you expressly agree and acknowledge that this section shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. You expressly agree and acknowledge that all rights under California Civil Code Section 1542 are expressly waived. California Civil Code Section 1542 provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
- Limitation of Unicorn’s Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNICORN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL UNICORN BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNICORN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (H) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THESE TERMS; (I) YOUR BREACH OF THESE TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION OR ORDINANCE, INCLUDING RIDING ON SIDEWALKS AND/OR PARKING; AND/OR (J) YOUR FAILURE TO WEAR A HELMET OR YOUR FAILURE TO WEAR A HELMET THAT HAS BEEN PROPERLY SIZED, FITTED AND FASTENED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS WHILE USING A SCOOTER. IN NO EVENT SHALL UNICORN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO UNICORN HEREUNDER OR USD $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UNICORN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. Unicorn makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
- Your License to Us for Publicity Purposes.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, you do hereby knowingly, voluntarily, and irrevocably: (a) give your full and unconditional consent to Unicorn and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, your appearance and voice in photographs, videos, and other recordings related to your use of the Service, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (b) grant to Unicorn and its affiliates, successors, and assigns (i) the right to photograph, videotape, and otherwise record your appearance and voice related to your use of the Service, at any time and from time to time, (ii) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (iii) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Unicorn may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (c) waive, release, and discharge all Released Persons from all Claims (defined above in Section 13) that you have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by you in this paragraph.
- What Happens if We Disagree.
- Governing Law.
You agree that: (i) the Service shall be deemed solely based in Texas; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. These Terms shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the State of Texas is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM UNICORN. For any dispute with Unicorn, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Unicorn has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in the State of Texas, unless you and Unicorn agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Unicorn from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
- Class Action/Jury Trial Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND UNICORN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
- Other Miscellaneous, but Important, Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Unicorn without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Notification Procedures and Changes to these Terms.
Any claim or cause of action you may have with respect to Unicorn, the Service or the Products must be commenced within one (1) year after such claim or cause of action arose.
- Entire Agreement/Severability.
These Terms, together with any amendments and any additional agreements you may enter into with Unicorn in connection with the Service, shall constitute the entire agreement between you and Unicorn concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- No Waiver.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Unicorn’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.