Welcome to https://unkapped.com (together with its subdomains, Content, Marks and services, the “Website”). The Website is the property of Unkapped Ltd.
As long as you comply with these Terms, Unkapped grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website; other than as expressly granted hereunder, Unkapped reserves all other rights.
- Background. The Website is intended to provide visitors of the Website with information and Content (as defined below) about our services, partners and affiliates.
- Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be in effect ten (10) days following the publishing of the revised Terms on the Website. It is your responsibility to check the Terms periodically for changes. Your continued use of the Website thereafter constitutes your acceptance to those changes.
- Ability to Accept Terms. The Website is only intended for individuals aged eighteen (18) years or older. If you are under eighteen (18) years, please do not visit or use the Website.
- Restrictions. You shall not: (i) copy, distribute or modify any part of the Website without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Website; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Website.
- Account. To use some of the services as our affiliate, you will be required to login to your secured account (“Account“). You agree not to grant access to any third party to your account or use the account of another affiliate without their permission. You must keep your Account password secure and notify us immediately of any breach of security or unauthorized use of your Account. As between you and Unkapped, you are solely responsible and liable for the activity that occurs in connection with your Account.
- Intellectual Property Rights.
- Content and Marks. The (i) content on the Website, including without limitation, the text, documents, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“), (ii) trademarks, service marks and logos contained therein (“Marks“), are the property of Unkapped and may be protected by applicable copyright or other intellectual property laws and treaties. The name “Unkapped”, Unkapped’s logo, and other marks are Marks of Unkapped. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners.
- Use of Content. Content on the Website is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.
- Information Description. We use reasonable commercial efforts to provide accurate information on the Website. However, we cannot and do not warrant that the Content available on the Website will be accurate, complete, reliable, updated, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole discretion, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Warranty Disclaimers.
- THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. UNKAPPED HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. UNKAPPED DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR MALWARE ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT UNKAPPED WILL NOT BE HELD LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR THIRD PARTY SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY.
- Limitation of Liability.
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNKAPPED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF UNKAPPED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UNKAPPED FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE THE WEBSITE EXCEED: (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO UNKAPPED FOR USING THE WEBSITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM, OR (B) TEN US DOLLARS ($10), WHICHEVER IS HIGHER.
- YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Indemnity. You agree to defend, indemnify and hold harmless Unkapped (as well as its affiliates), its respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Website; or (ii) your violation of these Terms.
- Term and Termination. These Terms are effective until terminated by Unkapped or you. Unkapped, in its sole discretion, has the right to terminate these Terms and/or your access to the Website, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Unkapped shall not be liable to you or any third party for termination of the Website, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website. Upon termination of these Terms, you shall cease all use of the Website. Sections 6 (Intellectual Property Rights) and Sections 9 (Privacy) to 18 (General) shall survive termination of these Terms.
- Independent Contractors. You and Unkapped are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Unkapped. You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of Unkapped.
- Governing Law. Unkapped reserves the right to discontinue or modify any aspect of the Website at any time. These Terms and the relationship between you and Unkapped shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.
- Dispute Resolution. In the event of any controversy or dispute between Unkapped and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve such dispute within a reasonable time (not to exceed thirty days), then either party may submit such controversy or dispute to mediation to the Israeli Institute of Commercial Arbitration in Tel Aviv, Israel. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
- General. These Terms shall constitute the entire agreement between you and Unkapped concerning the Website. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and if there is any conflict between any provision of these Terms and any present or future statute, law, ordinance or regulation, the latter shall prevail, but in such event, the provision of these Terms affected shall be curtailed and limited only to the extent necessary to make it consistent with such legal requirements or provisions.
- No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
For any further inquiries, please contact us via the “Contact Us” page.