These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, advertisements, commerce services, and all related services (collectively, the “Platform”), as well as any information, text, links, graphics, photos, audio, videos, or other materials or arrangements thereof uploaded, downloaded, or appearing on the Platform (collectively, “Content”). By using the Platform, you agree to be bound by these Terms.
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Eligibility to Use the Service
You may use the Platform only if you agree to form a binding contract with Unboxers Corp. (“we,” “us,” or “our”) and you are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are using the Platform on behalf of a company, organization, government, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and that you are authorized to do so. In such a case, the terms “you” and “your” in these Terms refer to that entity.
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Personal Information
Our Privacy Policy describes how we handle the information you provide when you use the Platform. By using the Platform, you understand and agree that your information may be collected, transferred, stored, processed, and used in the United States or other countries for the purposes set out in the Privacy Policy. By continuing to use the Platform, you consent to the collection and use of your information (including transfer to and processing in the U.S. and other countries) as described in the Privacy Policy.
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Content on the Platform
Unless we are legally obligated otherwise, you are responsible for your use of the Platform and any Content you provide, including verifying that your Content complies with all applicable laws, regulations, and rules. You should only provide Content that is lawful and that you can comfortably share with others.
You assume all risks associated with the use and reliance on any Content or materials obtained through the Platform. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Platform, nor do we endorse any opinions expressed on the Platform. By using the Platform, you may be exposed to Content that you find offensive, harmful, inaccurate, or inappropriate, or that may be deceptive. All Content is the sole responsibility of the person who posted it. We do not necessarily monitor or control the Content posted via the Platform and assume no responsibility for such Content. We reserve the right to remove any Content that may violate copyrights, trademarks, or other intellectual property rights, or that we deem to be impersonation, unlawful, or otherwise abusive. For details on reporting such content, please refer to our customer support or in-Platform reporting features.
Rights and License to Your Content
By submitting, posting, or displaying Content on or through the Platform, you grant us a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content worldwide in any and all media or distribution methods now known or later developed. This license enables us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Platform and to make Content submitted to or through the Platform available to other companies, organizations, or individuals for the syndication, broadcast, distribution, sharing, promotion, or publication of such Content on other media and services, without any obligation to pay you any compensation.
You represent and warrant that you have all the rights, licenses, consents, permissions, authority, and power necessary to grant the rights granted herein to any Content you submit, post, or display on or through the Platform and that such Content does not contain any copyrighted or proprietary materials unless you have the necessary rights to use them.
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Use of the Service
You may use the Platform only in compliance with these Terms and all applicable laws, regulations, and rules.
The Platform is evolving, and we may change it at our discretion without notice. We may temporarily or permanently stop providing the Platform (or any features within it) to you or to other users. We also reserve the right to impose limits on use and storage at our sole discretion at any time. We may remove or refuse to distribute any Content, restrict the distribution or visibility of any Content on the Platform, suspend or terminate users, reclaim usernames, and take other actions without liability to you.
In exchange for your use of the Platform and the services provided therein, you agree that we and our third-party providers and partners may place advertisements on the Platform, or in connection with the display of Content or information submitted by you or others.
You agree not to misuse the Platform, including but not limited to interfering with or accessing the Platform using a method other than our provided interface and instructions. Except as permitted by law, you agree not to circumvent or disable any technical limitations, reverse engineer, decompile, or disassemble any software provided to you as part of the Platform. You may not (i) access or attempt to access non-public areas of the Platform, our computer systems, or the technical delivery systems of our providers, (ii) probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures, (iii) access or search the Platform by any means other than the currently available, published interfaces provided by us (scraping is expressly prohibited without our prior consent), (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Platform to send altered, deceptive, or false source-identifying information, or (v) interfere with or disrupt the access of any user, host, or network, or attempt to do so, including by sending a virus or overloading, flooding, spamming, or mail-bombing the Platform, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Platform.
We may access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) comply with applicable laws, regulations, legal processes, or government requests, (ii) enforce these Terms (including investigation of potential violations), (iii) detect, prevent, or address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our users and the public. Unless otherwise stated in our Privacy Policy, we do not disclose personally-identifying information to third parties.
Additional terms may apply to certain features or services of the Platform. By using or paying for these features or services, you agree to be bound by any additional terms, which become part of your agreement with us. In the event these additional terms conflict with these Terms, the additional terms will take precedence while you use the applicable feature or service.
If you wish to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use any part of the Platform or Content, you must follow these Terms or any other guidelines we provide.
Your Account
You may need to create an account to use some or all features and services of the Platform. You are responsible for safeguarding your account by using a strong password and not sharing it with third parties. We are not responsible for any loss or damage arising from your failure to comply with these security obligations.
You may control most communications from the Platform. We may need to provide certain communications, such as service announcements and administrative messages, which are considered part of the Platform and may not be opt-outable. You must keep your contact information (e.g., email address) accurate and current so that we can send account-related notices to you.
Termination
You may deactivate your account and stop using the Platform at any time, thereby terminating your legal contract with us. For more details on how we handle your information, please refer to our Privacy Policy.
If, in our reasonable judgment, (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us, (iii) we believe your account should be removed due to unlawful conduct, (iv) we believe your account should be removed due to prolonged inactivity, or (v) providing the Platform to you is no longer commercially viable for us, we may suspend or terminate your account or cease providing the Platform to you at any time for any reason. We will make reasonable efforts to notify you via the email address associated with your account and when you attempt to access your account thereafter. The provisions of these Terms will remain in effect even after your account is disabled or terminated.
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Disclaimers and Limitations of Liability
Provided “As Is”
Your access to and use of the Platform and any Content is at your own risk. You understand and agree that the Platform is provided to you on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by applicable law, Unboxers Corp., its parent, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Parties”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, and non-infringement.
The Parties make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Platform or any Content; (ii) any harm to your computer system, loss of data, or other harm resulting from your access to or use of the Platform or any Content; (iii) the deletion of, or the failure to store or transmit, any Content and other communications; and (iv) whether the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
To the maximum extent permitted by law, the Parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your access to or use of (or inability to access or use) the Platform, (ii) the conduct or Content of any third party on the Platform, (iii) any Content obtained from the Platform, or (iv) unauthorized access, use, or alteration of your transmissions or Content. These limitations apply regardless of the legal theory and whether or not the Parties have been informed of the possibility of such damages, and even if a remedy fails its essential purpose.
In jurisdictions that do not allow the exclusion of implied warranties or limitation of liability, these provisions may not fully apply to you, but will apply to the maximum extent permitted by applicable law.
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Consent to Receive Marketing Information
You may refuse to consent to receive marketing information, and you may still register as a member. However, certain features including advertisements, events, and custom service recommendations may be limited without such consent.
By giving consent, you agree that we may collect and use your personal information (as provided at registration) for marketing and advertising purposes, including developing new services, offering personalized services, providing event and promotional information, verifying service effectiveness, analyzing access frequency, or providing statistical data on your use of the Platform. We will retain and use this information until you withdraw consent or terminate your account.
We may provide various information via service screens, email, or app push notifications. Mandatory informational notices unrelated to marketing cannot be refused. If any changes occur to the above, we will notify you via service screens or email.
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General Provisions
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will notify you of material revisions by posting a notice on the Platform or sending an email to the email address associated with your account. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If you have any questions about these Terms, please contact our customer support.
Effective Date: December 15, 2024