Terms of Service
Last Updated: September 2016
**PLEASE READ THIS DOCUMENT CAREFULLY. United Necessitous Aid Simplified BV ("U.N.A.S.," "we," or "us") offers an online video sharing platform and community through its website located at unas.world and other U.N.A.S.-operated sites (collectively, the "U.N.A.S. Site"), mobile applications, connected TV applications, and other online services (collectively and including the U.N.A.S. Site, the "U.N.A.S. Service"). By registering as a member or by using the U.N.A.S. Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and U.N.A.S.. If you do not wish to be bound by this Agreement, do not use the U.N.A.S. Service. **
1. Who May Use the U.N.A.S. Service
AGE REQUIREMENT: You must be at least 10 years old to use the U.N.A.S. Service. If you are at least 10, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the U.N.A.S. Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the U.N.A.S. Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the U.N.A.S. Service. If your child is using the U.N.A.S. Service and is either under 10 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the U.N.A.S. Service is appropriate for your child, please contact us.
WARNING: Even if you are old enough to use the U.N.A.S. Service and/or have your parent's or guardian's permission, some of the content available within the U.N.A.S. Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
2. License to Use the U.N.A.S. Service
LICENSE: U.N.A.S. grants you a limited, non-exclusive license to access and use the U.N.A.S. Service for your own personal, non-commercial purposes. This includes the right to view content available on the U.N.A.S. Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
COMMERCIAL USE: You may not use the U.N.A.S. Service for commercial purposes unless:
If you sell U.N.A.S.-hosted videos directly to users other than through U.N.A.S. On Demand, such usage will be deemed an "Application" under our API Terms (whether you use our API or not) and will be subject to our API Terms.
RESTRICTIONS: Except as expressly permitted by U.N.A.S. in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the U.N.A.S. Service or any source code therein. Nor will you attempt to circumvent any of U.N.A.S.'s technical measures or take any measures to interfere with or damage the U.N.A.S. Service. All rights not expressly granted by U.N.A.S. are reserved.
MOBILE APP: Your use of the U.N.A.S. Service through one of our mobile applications is also subject to our Mobile App Addendum.
REGISTRATION: To fully use the U.N.A.S. Service, you must register as a member by providing personal information. You must provide complete and accurate registration information to U.N.A.S. and notify us if your information changes. If you are a non-profit entity (charity), the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using the U.N.A.S. Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.
SEAT ACCESS: If you are a non-profit (charity) user, you may grant access to your account to other U.N.A.S. members employed by your organization. You are responsible for the actions of those persons insofar as your account is concerned. If you are a U.N.A.S. member who has been granted access to a non-profit (charity) account, you must comply with the terms of this Agreement in accessing that account.
5. Subscriptions and Purchases
U.N.A.S. PLUS AND PRO: In addition to offering Basic (free) U.N.A.S. memberships, we offer U.N.A.S. Plus and U.N.A.S. PRO subscriptions. Please see our subscription pages for current Plus and PRO features and pricing. Features and prices are subject to change. Storage limits are calculated based upon source files. We reserve the right to charge for excessive use of bandwidth where plays occur on third-party sites and applications outside the native U.N.A.S. player or apps. U.N.A.S. PRO users who wish to obtain additional storage capacity, or additional bandwidth for applications not using the U.N.A.S. player may request a custom account by contacting us here: U.N.A.S..com/help/contact. Additional terms and conditions (to be shown prior to purchase) apply to custom accounts. All fees may be subject to taxes.
CANCELATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by U.N.A.S.. If your account is terminated due to your breach of this Agreement during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.
RENEWALS: Subject to the terms hereof, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. U.N.A.S. reserves the right to deny subscriptions, renewals, and other purchases for any reason. PRO subscriptions offered beginning on October 15, 2013 may not be available to existing users whose storage as of that date exceeds the yearly maximum for a PRO account. Unused storage, plays, and other limits do not roll over to subsequent subscription periods.
END OF SUBSCRIPTION: When a U.N.A.S. Plus or PRO subscription ends, the account automatically becomes a Basic (free) account and U.N.A.S. may disable access to or delete any content to comply with Basic account limits. When a custom or PRO Unlimited subscription ends, the account and its content may be deleted if the subscription is not renewed.
OTHER PURCHASES: Purchases of other products and services through the U.N.A.S. Service are subject to our Payment Addendum and to other terms and conditions that are presented to you at the time of purchase.
6. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use the U.N.A.S. Service and continues as long as you have an account with us.
ACCOUNT DELETION: You may delete your account at any time. Basic accounts may be deleted from the U.N.A.S. Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. Subscription accounts will remain active until the end of the subscription term and any renewal term.
TERMINATION FOR BREACH: U.N.A.S. may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if U.N.A.S. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage U.N.A.S.'s reputation and goodwill. If U.N.A.S. deletes your account for the foregoing reasons, you may not re-register for the U.N.A.S. Service. U.N.A.S. may block your email address and Internet protocol address to prevent further registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by U.N.A.S. will terminate. Sections 6 and 11 through 16 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. U.N.A.S. shall not be responsible for the loss of such content.
7. Content Restrictions
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
All videos you submit must also comply with the U.N.A.S. Guidelines, which are incorporated into this Agreement.
8. Code of Conduct
In using the U.N.A.S. Service, you must behave in a civil and respectful manner at all times. Further, you will not:
U.N.A.S. has the right, but not the obligation, to monitor all conduct on and content submitted to the U.N.A.S. Service.
9. Licenses Granted by You
LICENSE TO U.N.A.S.: As between you and U.N.A.S., you own the video content ("videos") that you submit to the U.N.A.S. Service. By submitting a video, you grant U.N.A.S. and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your video for the purpose of (i) displaying the video within the U.N.A.S. Service; (ii) displaying the video on third party websites and applications through a video embed or U.N.A.S.'s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices; (iii) promoting the U.N.A.S. Service, provided that you have made the video publicly available; and (iv) archiving or preserving the video for disputes, legal proceedings, or investigations.
LICENSE TO OTHER USERS: You further grant all users of the U.N.A.S. Service permission to view your videos for their personal, non-commercial purposes. This includes the right to copy and make derivative works from the videos solely to the extent necessary to view the videos. The foregoing licenses are in addition to any license you may decide to grant (e.g., a Creative Commons license).
DURATION OF LICENSES: The above licenses will continue unless and until you remove your videos from the U.N.A.S. Service, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. Please note that removed videos may be cached in search engine indices after removal and that U.N.A.S. has no control over such caching.
9.2 Non-video Content
As between you and U.N.A.S., you own all non-video content that you submit to the U.N.A.S. Service. You grant U.N.A.S. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your non-video content. In addition, you waive any so-called "moral rights" in your non-video content. You further grant all users of the U.N.A.S. Service permission to view your non-video content for their personal, non-commercial purposes. If you make suggestions to U.N.A.S. on improving or adding new features to the U.N.A.S. Service, U.N.A.S. shall have the right to use your suggestions without any compensation to you.
10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to U.N.A.S. and grant the licenses set forth above; (ii) U.N.A.S. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless U.N.A.S. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the U.N.A.S. Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to U.N.A.S. violates any law or infringes any third party right, including any intellectual property or privacy right.
12. Third Party Copyrights and Other Rights
U.N.A.S. respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright and DMCA Policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at legal[at]U.N.A.S.[dot]com.
U.N.A.S. reserves the right to modify the U.N.A.S. Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the U.N.A.S. Service. U.N.A.S. has no obligation to screen or monitor any content and does not guarantee that any content available on the U.N.A.S. Service complies with this Agreement or is suitable for all users.
U.N.A.S. provides the U.N.A.S. Service on an "as is" and "as available" basis. You therefore use the U.N.A.S. Service at your own risk. U.N.A.S. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, U.N.A.S. makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the U.N.A.S. Service, and no warranties shall apply after such period.
14. Limitation of Liability
To the fullest extent permitted by law: (i) U.N.A.S. shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) U.N.A.S.'s total liability to you shall not exceed the amounts paid by you to U.N.A.S. over the twelve (12) months preceding your claim(s).
15. Compliance Notice Pursuant to 18 U.S.C. § 2257
All pictures, graphics, videos, and other visual media displayed on the U.N.A.S. Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995. U.N.A.S. is not the primary producer of the visual content contained in the U.N.A.S. Service.
16. General Provisions
GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the U.N.A.S. Service must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, U.N.A.S. and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by U.N.A.S. in exercising any right hereunder will waive any further exercise of that right. U.N.A.S.'s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without U.N.A.S.'s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from U.N.A.S. electronically. U.N.A.S. may provide all such communications by email or by posting them on the U.N.A.S. Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to U.N.A.S. at legal[at]U.N.A.S.[dot]com or the following address:
U.N.A.S., Inc. 555 West 18th Street New York, New York 10011 Attention: Legal Department
Nothing herein shall limit U.N.A.S.'s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by U.N.A.S. on the U.N.A.S. Site or a written amendment signed by an authorized representative of U.N.A.S.. A revised Terms of Service will be effective as of the date it is posted on the U.N.A.S. Site.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between U.N.A.S. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Notwithstanding the foregoing, this Agreement does not govern any use of U.N.A.S.'s application protocol interface (API), which is governed by our API Agreement.
END OF DOCUMENT. Have a nice day.