Last Modified on August 10, 2015
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Provision of the Service. You acknowledge and agree that Unroll may make changes to the Service at any time without notifying you in advance.
Termination of Service. Unroll may stop providing the Service, or terminate your use of the Service, at any time, without notifying you in advance, for any reason or no reason, and without liability to you. You may deactivate your Unroll account from within your profile settings. If we terminate your access to the Service or you deactivate your account, your uploaded data will no longer be accessible through your account, but those some data may persist and appear within the Service (e.g., if your Content has been shared or mentioned by others).
Accounts and Security. You are solely responsible for maintaining the confidentiality of your account password. Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else. You agree that any registration information that you submit to Unroll will be correct, accurate and up to date.
Username. Unroll reserves the right to force forfeiture of any username for any reason.
App Use Requirements.
- Updates. Unroll may require that you download and install updates to the App from time to time. You acknowledge and agree that Unroll may update the App with or without notifying you and add or remove features or functions to the App at any time in its sole discretion. You acknowledge and agree that Unroll has no obligation to make the App available to you, make any subsequent versions of the App available to you or to continue to support the App in any way. You acknowledge that your access to the App may not be continuous, features may change during your use of the App, and Unroll may terminate your access to the App or stop offering the App at any time.
- Agreements. You acknowledge that you may only use the App in connection with the Service provided through the App in accordance with this Agreement. The requirements hereunder and this Agreement may change as the App and/or Service evolve. Furthermore, if the App is accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- Media Uploads. Certain features of the Service through the App access and use content in your mobile device's media storage applications (e.g., a video). You hereby authorize the App to access such components of your mobile device. You can grant or revoke your consent at any time and prevent Unroll from continuing to access your media storage applications by changing the settings on your device. YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICE, MEDIA MAY BE SENT FROM YOUR MOBILE DEVICE TO UNROLL AND YOU ACCEPT SUCH TRANSMISSION AS A CONDITION OF USAGE. All media you upload will be part of Submitted Content (as defined below).
- Location-Based Information. When you use Unroll’s Service on a mobile device, Unroll may also collect location information from the GPS functionality on your device. You hereby authorize Unroll and Unroll’s Service to take such actions and access such data. You can grant or revoke your consent at any time and prevent Unroll from continuing to access your GPS information by changing the settings on your device. You hereby authorize the App to access such components of your mobile device.
- Open-Source Software. Certain software code incorporated into or distributed with the App may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in this EULA, the Open Source Software is not licensed under the App license grant above and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
- Accessing and Download the App from iTunes. The following applies to any App Store Sourced Application:
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Unroll and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Unroll.
- You and Unroll acknowledge that, as between Unroll and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
License. Subject to the terms and conditions of this Agreement and for the sole purpose of using the Service, Unroll hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to (i) install the Service on one or more mobile devices which are owned by you, are under your control and which meet Unroll’s minimum specifications; and (ii) view, review and utilize the Service and any related information provided to you by Unroll.
Use of the Service. Unroll permits you to view and use the Service solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service.
Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Service provided by Unroll. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) the Service.
No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with Unroll; (iv) use the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication not permitted by applicable law; or (v) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity Unroll may determine, in Unroll’s sole discretion.
No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Service.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Unroll through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Unroll has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Unroll a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service.
Links from the Service. The Service may contain links to websites operated by other parties. Unroll provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Unroll and Unroll is not responsible for the content available on the other websites. Such links do not imply Unroll’s endorsement of information or material on any other website and Unroll disclaims all liability with regard to your access to and use of such linked websites.
Trademarks. The Unroll name and logo are trademarks and service marks of Unroll. Unless permitted in a separate written agreement with Unroll, you do not have the right to use any of Unroll’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
Ownership. You acknowledge and agree that Unroll, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service are protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Unroll has designated as confidential and you agree not to disclose such information without Unroll’s prior written consent.
Copyright Agent. Unroll respects the intellectual property rights of others, and requires that the people who use the Service do the same. Unroll maintains a policy of terminating users of the Service who engage in repeated infringing conduct. If you believe that your work has been copied in a way that constitutes copyright infringement, please complete this form or forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: Intellectual Property
9200 West Sunset Blvd, Suite 807
Los Angeles, CA 90069
Tel: (310) 728-0935
Location. The Service are operated by Unroll in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
- Unroll does not claim ownership of any communications or materials you submit, upload, post, e-mail, transmit, or otherwise make available through the Service (“Submitted Content”). With respect to such Submitted Content, you grant Unroll a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, sublicenseable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of such Submitted Content in connection with the Service and Unroll's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any Submitted Content at any time; however, you acknowledge and agree, that Unroll may still have access to such Submitted Content and that the above licenses granted by you to Unroll will remain despite your removal of such Submitted Content from the Service, including for archiving or preserving the video for disputes, legal proceedings, or investigations. Please note that removed videos may also be cached in search engine indices after removal and that we have no control over such caching. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 12.2. Basically, make sure you have the right to add content before you put that Submitted Content on Unroll’s Service.
- You acknowledge and agree that: (i) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Unroll has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on the Service; (iii) Unroll does not guarantee any confidentiality with respect to Submitted Content, whether or not they are published (iv) Unroll is not responsible for any Submitted Content that you may have access to through your use of the Service and all Submitted Content are the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (i) Unroll has no control over and is not responsible for the use of Submitted Content by a user, including any user that has uploaded such Submitted Content to such user’s personal device; and (ii) Unroll may not be able to remove certain Submitted Content that is uploaded onto another user’s device. Unroll does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
- You acknowledge that the Submitted Content is your sole responsibility. Unroll has no obligation to store any of Submitted Content that you make available on the Service. Unroll has no responsibility or liability for the deletion or accuracy of any content, including Submitted Content; the failure to store, transmit or receive transmission of content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. You are entirely responsible for the Submitted Content and agree, under no circumstance, will Unroll be liable in any way for Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service. You agree that Unroll retains the right to create reasonable limits on Unroll’s use and storage of the content, including Submitted Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Unroll in its sole discretion.
- You also hereby grant each user of the Service a non-exclusive license to: (i) access Your Content through the Service; and (ii) download and export, for the purpose of sharing, short fifteen-second or less video clips created by the Service from your Submitted Content (“Short Video Clips’) for use outside of the Service, including reproducing, distributing, displaying and performing such Short Video Clips. Please remember that even if you delete Submitted Content, Users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any Short Video Clips that they have exported, downloaded, stored or shared through Unroll. If you do not want Short Video Clips used off the Service, you should not add Submitted Content to the Service. When you delete Submitted Content from the Service, we will not be able to remove Short Video Clips which have been exported from the Service.
- You acknowledge and agree that you are solely responsible for your interaction with other users of the Service. You agree that Unroll is not responsible or liable for the conduct of any users. Unroll reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit, send chats or post content or any personal or other information. Unroll is not responsible for and does not control how other users use Short Video Clips once exported or downloaded from the Service. Any such use of Short Video Clips by such other Users (including any modification or derivative works thereof) is not subject to Unroll’s Terms. Unroll has no way to review or monitor, and does not approve, endorse or make any representations or warranties with respect to the use of Short Video Clips.
Commercialization. We reserve the right to commercialize Submitted Content, including by including advertising in and around Submitted Content. You hereby agree and acknowledge to the juxtaposition of any advertising around Submitted Content. In addition, you acknowledge and agree that you will have no right to any revenue or fees we may obtain or receive in connection with Submitted Content.
DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNROLL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
UNROLL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE.
UNROLL DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEIVCE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNROLL, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF UNROLL AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF UNROLL OR ANY OF THE RELATED PARTIES EXCEED TWENTY FIVE DOLLARS ($25.00).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Unroll and the Related Parties shall be limited to the fullest extent permitted by law.
Binding Arbitration. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Unroll and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- (b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Unroll should be sent to: firstname.lastname@example.org. After the Notice is received, you and Unroll may attempt to resolve the claim or dispute informally. If you and Unroll do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Unroll in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND UNROLL WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Unroll.
- Small Claims Court. Notwithstanding the foregoing, either you or Unroll may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Severability. You and Unroll agree that if any portion this Section 18 is found illegal or unenforceable (except any portion of Section 18.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18.4 is found to be illegal or unenforceable then neither you nor Unroll will elect to arbitrate any Claim falling within that portion of Section 18.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Unroll agree to submit to the personal jurisdiction of that court.
- Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.