- Your Unfuddle Account. If You create an account on the Website, then You are the owner of that account and all information, data, text, source code, graphics, video, messages or any other materials associated with Your account (collectively the “Content”) that are uploaded, posted, stored or downloaded from, or otherwise made available by means of or any link to and from the Website. Except where You explicitly grant others access to Your Content, Unfuddle and the Website will not disclose any of Your Content unless required to do so by court order or other legal action. However, You are solely responsible for maintaining the security of Your account and its respective Content. You are also fully responsible for all activities that occur within the account and any other actions taken in connection with its Content. You must immediately notify Unfuddle of any unauthorized uses of Your Content, Your account or any other breaches of security.
- Responsibility of Participants. If You participate in an account on the Website, You are responsible for the Content of that account and any harm resulting from that Content, regardless of whether the Content in question constitutes text, source code, graphics, an audio/visual file or computer software. By making Content available, You represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
- the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party.
- Responsibility of Website Visitors. Each visitor to the Website is solely responsible for taking precautions as necessary to protect him(her)self and his (her) computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Unfuddle has not reviewed, and cannot review, all of the material, including source code and computer software, posted to the Website, and therefore cannot be responsible for that material's content, use or effects. By operating the Website, Unfuddle does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
- Unlimited Storage. In some cases, Unfuddle may offer accounts with "unlimited" storage. If Your account storage significantly exceeds the average storage of other Unfuddle customers (as determined solely by Unfuddle), or the size of individual items stored in Your account significantly exceeds the size of individual items of other Unfuddle customers (as determined solely by Unfuddle), Unfuddle reserves the right to immediately disable or terminate Your account, at its sole discretion.
- Termination of Account. Either You or Unfuddle may terminate Your Unfuddle account at any time, for any reason or no reason, by giving notice in accordance with the information then on the Website. No refunds will be made for sums previously paid — regardless of the timing of the termination. All account terminations are immediate. You are solely responsible to download, copy or otherwise preserve Your Content stored on the Website before terminating Your Unfuddle account. The reasons why Unfuddle may, in its sole discretion, terminate Your Unfuddle account include, without limitation: (1) You fail to provide and update credit card or other payment method information that enables Unfuddle to collect fees; (2) any information You give us is false, misleading or incomplete; or (3) Your account has been inactive for more than 180 days; or (4) You engage in conduct which, in our judgment, interferes with the operation or use of the Services.
- Removal of Content. At its sole discretion, Unfuddle may (but is not required to) remove Content from the Website that it deems:
- harmful or objectionable
- libelous, defamatory or false
- subject to copyright and/or trademark laws or protection
- pornographic or obscene
- Trademarks and Copyright. Unfuddle, Unfuddle.com, Unfuddle.io, the Unfuddle logos, Unfuddle STACK, Unfuddle ONE, Unfuddle TEN, U1, Agilepad, and all other trademarks, service marks, graphics and logos used in connection with Unfuddle or the Website are trademarks or registered trademarks of Unfuddle or Unfuddle's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any Unfuddle or third-party trademarks.
- Copyright Infringement. As Unfuddle asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by the Website violates Your copyright, You are encouraged to notify Unfuddle. Unfuddle, in its sole discretion, may choose to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a participant who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Unfuddle or others, Unfuddle may, in its sole discretion, terminate or deny access to and use of the Website. In the case of such termination, Unfuddle will have no obligation to provide a refund of any amounts previously paid to Unfuddle.
- Content Posted on Other Websites. Unfuddle has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Unfuddle.com links, and that link to Unfuddle.com. Unfuddle does not have any control over those non-Unfuddle websites and webpages, and is not responsible for their contents or their use. By linking to a non-Unfuddle website or webpage, Unfuddle does not represent or imply that it endorses such website or webpage. Each person is responsible for taking precautions as necessary to protect self and computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Unfuddle disclaims any responsibility for any harm resulting from use of non-Unfuddle websites and webpages.
- Limitation of Warranties. YOUR USE OF THE WEBSITE, SERVICES, SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNFUDDLE, ITS MEMBERS, SUPPLIERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, DATA LOSS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK, AND THAT UNFUDDLE, ITS MEMBERS, SUPPLIERS AND LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR SERVICES. UNFUDDLE, ITS MEMBERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
- Limitation of Liability and Indemnity. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL UNFUDDLE, ITS MEMBERS, SUPPLIERS AND LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE WEBSITE, THE SERVICES OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF UNFUDDLE, ITS MEMBERS, SUPPLIERS OR LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST UNFUDDLE, ITS MEMBERS, SUPPLIERS AND LICENSORS ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, THE SERVICES OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO UNFUDDLE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. YOU SPECIFICALLY AGREE THAT THIS SECTION 11 REPRESENTS A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND UNFUDDLE, ITS MEMBERS, SUPPLIERS AND LICENSORS. THESE TERMS SET FORTH THE ENTIRE LIABILITY OF UNFUDDLE, ITS MEMBERS, SUPPLIERS AND LICENSORS, AND IS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES.
- Miscellaneous Provisions.
- Communications. Unfuddle may be required by law to send you communications about the Services or Third Party Products. You agree that Unfuddle may send these communications to you via email or by posting them on the Website. We may also send business communications such as confirmations or notices that will be delivered to you via email or posted on the Website. You are required to receive these communications.