The Services enable you to send messages, upload images, and send the messages and images to another user(s) as a Challenge. Upon making the required payment, if any, we grant you a non-exclusive, non-transferable right to use the Services only for your personal, non-commercial purposes, subject to the terms of this Agreement. The Services contain material and content provided and owned by UNCOMMEN or other sources. You must comply with all applicable copyright and other laws in your use of the Services. Except as specifically permitted, you may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Services for any purpose except for your personal, non-commercial use. You are not authorized to use the Services in any jurisdiction where the terms of this Agreement are not enforceable.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one UNCOMMEN account.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
By using the Services on your mobile device, you understand that message and data rates may apply and are billed by and payable to your mobile carrier. You consent to receiving text messages from time to time related to your account and use of the Services. UNCOMMEN will not be liable for any delays in transmission of or inability to send or receive text messages.
SUBMISSION OF CONTENT
The Services include an interactive portion that allows users to submit images and create, post, transmit and store content, including but not limited to images, text, graphics and other materials. If you submit any content, you agree and represent that you are the sole owner of the content or you have obtained written permission from the owner of any copyrighted or other proprietary information, that submission, publication, distribution or use of the content by UNCOMMEN will not infringe any rights of any third party, and you are solely responsible for any damages resulting from such submissions. You are solely responsible for obtaining such permission and agree to indemnify UNCOMMEN for any claim that information or materials submitted by you infringes any third-party intellectual property right.
By submitting any content as part of the Services, you grant UNCOMMEN a nonexclusive, royalty-free, irrevocable license to use, copy, edit, modify, transmit, publish, display, distribute, sublicense and to create a derivative work of any content submitted by you, including but not limited to distribution as part of the Services.
YOU AGREE NOT TO UPLOAD, POST OR EMAIL ANY CONTENT OR INFORMATION THAT (A) IS CONFIDENTIAL, (B) IS LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ABUSIVE, HARASSING OR THREATENING, (C) CONTAINS VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE FEATURES, (D) VIOLATES THE RIGHTS OF OTHERS, SUCH AS CONTENT THAT INFRINGES ANY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR VIOLATES ANY RIGHT OF PRIVACY OR PUBLICITY, (E) OFFENDS THE COMMUNITY STANDARDS OF USERS OF THE SERVICES (F) INTERFERES WITH OR DISRUPTS THE SERVICES, (G) HARASSES ANOTHER USER OR (H) OTHERWISE VIOLATES ANY APPLICABLE LAW. OTHER USERS MAY REPORT OBJECTIONABLE CONTENT WITHIN OUR APP, AND A MODERATOR WILL DETERMINE IF YOUR CONTENT IS INDEED OBJECTIONABLE AND IN VIOLATION OF THIS USER AGREEMENT.
YOU UNDERSTAND THAT ANY CONTENT SUBMITTED BY YOU MAY BE ACCESSIBLE BY OTHER USERS. YOU MAY CONTROL ACCESS TO CONTENT BY ADJUSTING THE SETTINGS THROUGH THE SERVICES. WE RESERVE THE RIGHT, IN OUR ABSOLUTE AND SOLE DISCRETION, TO REVIEW AND DELETE ANY CONTENT AT ANY TIME AND TO SUSPEND YOUR ACCESS TO THE SERVICES IF YOU VIOLATE THE TERMS OF THIS AGREEMENT.
UNCOMMEN requests that you do not submit any idea or suggestion to UNCOMMEN that you consider confidential or proprietary. All ideas or suggestions submitted or disclosed will be deemed not confidential and will become the exclusive property of UNCOMMEN. You irrevocably transfer and assign to UNCOMMEN all rights, known or unknown, in and to the ideas or suggestions and UNCOMMEN may use any idea or suggestion without restriction for any purpose without compensation to you.
THIRD PARTY INFORMATION AND CONTACT
As you use the Services, you may encounter links that take you to web pages or websites of other companies (“Third Party Provider”) to make their products and services available to you or to enable you to communicate directly with those companies. All such information has been provided by that Third Party Provider. We do not endorse, credential or accredit the events, products or services of Third Party Providers and make no representations or warranties about the type of products or services, quality, cost, or business practices of those Third Party Providers. You are responsible for all activities between you and a Third Party Provider. You should contact the site administrator for other websites if you have any concerns regarding links or the content located on such other websites.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
UNCOMMEN PROVIDES THE SERVICES “AS IS” “AS AVAILABLE”. UNCOMMEN AND ANY THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, UNCOMMEN DOES NOT WARRANTY THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION, BE FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL UNCOMMEN OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THE SERVICES AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THE SERVICES; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION IN THE SERVICES; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF UNCOMMEN IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THE SERVICES, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING USE OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND UNCOMMEN AND THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF UNCOMMEN , ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UNCOMMEN OR ITS AFFILIATES, AGENTS OR LICENSORS EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.
You agree to indemnify, defend (if requested by UNCOMMEN), and hold UNCOMMEN, its affiliates and any employees, officers, or agents harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your content or your access to or use of the Services; (ii) your breach or alleged breach of this Agreement; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, ordinances or governmental authorities; or (v) any misrepresentation made by you. You agree to cooperate as required by UNCOMMEN in the defense of any claim. UNCOMMEN reserves the right to assume control of the defense of any claim subject to your indemnification. You agree that you will not settle any claim subject to indemnification without the prior written consent of UNCOMMEN, regardless of the form of action.
This Agreement, all intellectual property issues, and your rights and obligations are governed by the laws of the United States of America and the State of North Carolina governing contracts wholly entered into and wholly performed within North Carolina without regard to the conflicts of law provisions and any action to enforce these terms and conditions or in any manner related to UNCOMMEN will be brought exclusively in the federal or state courts located in Charlotte, North Carolina and you agree to submit to the jurisdiction of such courts. You specifically agree that this Agreement is not governed by the United Nations Conventions on Contracts for the International Sale of Goods, if applicable. If you are accessing the Services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the website, you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of North Carolina with respect to use of the Services and any dispute regarding the Services.
This Agreement constitutes the entire agreement between you and UNCOMMEN with respect to the Services, and supersedes all previous written or oral agreements with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the UNCOMMEN website or as part of the Services, the terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.
For communications concerning the Agreement, please write to UNCOMMEN, 501(c)(3), at:
2716 Roswell Ave
Charlotte, NC 28209
If you believe that your work has been copied and used with the Services in a way that constitutes copyright infringement, please provide UNCOMMEN’s designated Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law;
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 owners behalf.
UNCOMMEN’s Copyright Agent for Notice of claims of copyright infringement can be reached at:
2716 Roswell Ave
Charlotte, NC 28209
Only notices under that Digital Millennium Copyright Act (17 U.S.C. § 512, et seq.) should be submitted to the Copyright Agent. UNCOMMEN cannot take any action with respect to any notice unless all requested information is provided in the notice.