Terms Of Use

If you do not agree to these Terms, you may not access, browse or use the Site.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms or the Privacy Policy at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of these Terms or by otherwise posting on the Site, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of any of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes. You agree that we shall not be liable to you for any delay or other damages that might result from changes to the Terms, if any. You can contact us with any questions or concerns you may have about these Terms.

Unpacked Media is the owner or licensee of all Site Content on the Site. Site Content includes, without limitation, applications, software, clips, videos, images, text, scripts, photos, graphics, music, audio, audiovisual materials, downloadable materials, as well as trade names, service marks or logos owned or licensed by Unpacked Media (the “Marks”), and all other intellectual property rights covering or embodied by the Site Content, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content does not include Your Content, as described herein. You do not acquire any ownership interest in any Site Content by accessing or using the Site or Site Content.

To access the Site, you will need a compatible device, Internet access, and certain software that may require updates or upgrades. Your ability to use the Site may be affected by the performance of hardware, software, and Internet access. You agree that such system requirements, which may change from time to time, are your responsibility. You are responsible for any costs you incur to access the Internet.

You may access, browse and use the Site and Site Content only for your personal, non-commercial use in accordance with these Terms. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site or Site Content, except as expressly provided herein.

Parts of the Site may allow you to post, upload, transmit or submit content, information or ideas to the Site. We encourage you to express yourself on the Site, but be aware that by sending us Your Content, you authorize us to make Your Content available to the rest of the world and to allow others to do so. Do not submit anything to the Site that you do not want to be viewed by others. If you do submit Your Content to the Site, we are under no obligation to use Your Content. If we do use Your Content, you waive any right to attribution (i.e., indication that you are the author or owner of Your Content) or integrity (i.e., prior approval of changes).

Please do not send us any confidential, secret or proprietary information or material through the Site, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is your original creation, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content granted herein, and that Your Content does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; (ii) represent that you have no expectation of compensation or confidentiality of any nature with respect to Your Content and that we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to Your Content; (iii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iv) shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, the Site Content, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defence of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Site and/or Site Content by our users, and we are not responsible for any such materials. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also restrict your access to part or all of the Site or Site Content without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

You warrant and agree that, while accessing or using the Site, you will not:

• reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit any portion of the Site or the Site Content unless permitted under these Terms or with the prior written authorization of Unpacked Media;

• access or attempt to access another user’s account that you are not authorized to access;

• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, our licensors or anyone otherwise affiliated with us;

• sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site Content to any third party;

• remove any proprietary notices or labels on any Site Content;

• use an inappropriate username or screen name;

• insert your own or a third party’s advertising, branding or other promotional content on the Site or into any Site Content;

• post, email, transmit or otherwise make available unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “stock touts,” “pyramid schemes,” or any other form of solicitation;

• engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;

• use the Site or Site Content in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;

• use the Site or Site Content in violation of our intellectual property or other proprietary or legal rights or rights of any third party;

• use the Site or Site Content in violation of any applicable law;

or data encryption components limiting access to Site Content;

• use the Site to “stalk” or otherwise harass or harm another in any way;

• collect or store personal data about other users of the Site;

• post, transmit or otherwise disseminate through the Site or the Site Content any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libellous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.

We may offer products and services for sale on the site, and from time-to-time we may offer opportunities to contribute to organizations that engage in charitable activities. Please carefully read all donation and pricing terms available in the areas of the Site. If you are making a donation, do not assume that the donation is tax deductible or that the recipient is a not-for-profit corporation.

We encourage you to share your ideas and suggestions with us, but to avoid any misunderstandings or disputes that may arise, please be aware that if Your Content constitutes ideas, suggestions, know-how, concepts, techniques, comments, criticism, reports or other feedback (“Feedback”), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable (through multiple tiers), fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, use, reproduce, edit, distribute, modify, adapt, create derivative works of, publish, publicly perform, publicly display, transmit, translate and license, digitally perform, make, have made, sell, offer for sale, import or make any other use of Feedback in any and all embodiments, media and means of communication, now known or hereafter developed. You represent and warrant to us that your Feedback is original to you, that you own or otherwise control all of the rights in your Feedback, or that you have the rights necessary to grant to us the license to your Feedback granted herein, and that your Feedback do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. Notwithstanding the foregoing, we are not obligated by these Terms to proceed with or conclude any agreement or transaction with you concerning any such Feedback.

If you do not wish to grant these rights, do not share, submit or post any Feedback on or through the Site.

You may find some Site Content offensive or objectionable. You agree that your use of the Site, including access to such Site Content, is at your sole risk, and Unpacked Media shall have no liability to you for content that may be found to be offensive or objectionable. Descriptions of Site Content available on the Site are for your convenience and Unpacked Media does not guarantee their accuracy.

We may provide links to websites of third parties, including, without limitation, advertisements of third party products and services. These third parties and their websites are not under our control. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.


Any information we provide on the Site is of a general nature only, and we specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.


THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE ALL USE OF THE SITE.

IN NO EVENT SHALL WE BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT


14. Notification and Counter-Notification of Claim of Copyright Infringement

We respect the intellectual property rights of others and require our users to do the same.

To notify us of your claim of copyright infringement with respect to any Site Content, please send a communication to:

unpackedmedia@gmail.com

Your notice must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative sample of such works or a link or URL to such works;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as a link or URL to all such material at the Site;

4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as described herein, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

16. Assignment.

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

17. Governing Law.

You agree that the laws of the Republic of Trinidad and Tobago without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms and all matters relating to your access to, and/or use of, the Site, including all disputes between you and Unpacked Media.

 

18. Entire Agreement.

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Site and Site Content, including, without limitation. These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site and Site Content. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

Any rights not expressly granted in these Terms are reserved to us.