UNYK – Terms of Service

UNYK Terms of Service

Preamble
UNYK is a smart address book that updates itself automatically as soon as one of your contacts changes his or her contact info in UNYK.com. Accessible by the Web and soon on your mobile, UNYK is compatible and synchronizable with most current address books. While remaining in full control, the service also allows you to share your contact info quickly and automatically with one easy ID–your UNYK.
Acceptance of the Terms of Service.
By using this site and registering, you accept the following Terms of Service. You cannot modify the Terms of Service. If you do not accept the following Terms of Service, please leave the site immediately.
Why Should I Read the Terms of Service?
We would like you to know your rights and obligations. We invite you to read the Terms of Service carefully to understand the service that is offered, the rules to follow, and to be sure that you are using the UNYK service appropriately.
Summary of the Terms of Service
UNYK's Obligations Towards You Your Obligations Towards UNYK Website Security, Controlled by UNYK User Privacy User Agreement UNYK Registration Process Free Services Paid Services Sales and Refund Policy UNYK Website Ownership User Responsibility UNYK Responsibility Misuse Compensation Links to Other Sites Modifications to or Termination of the UNYK Service Modifications to the Terms of Service Agreement Between UNYK and Its Users Governing Laws and Jurisdiction Severability Terms of Service
UNYK's Obligations Towards You	[ ^ ]
Upon request, we will inform you of any changes made to the Terms of Service (see Modifications to the Terms of Service). When necessary, we will remind you of your obligations towards UNYK when you are using the service. Responsibly processing your personal information. See our Privacy Policy. Providing operation procedures that ensure the service's security and the availability of the system. Answering your questions regarding the Terms of Service, the UNYK service itself and your account information.
Your Obligations Towards UNYK.	[ ^ ]
Accepting responsibility for any legal action you may take against UNYK for whatever reason (see Compensation). Having read and understood the Terms of Service. You agree to respect the Terms and to keep up-to-date on any modifications. If there is any part of these Terms that you do not understand, you must ask UNYK for additional information. Be at least 13 years of age. Always use UNYK responsibly and in good faith. Never allow anyone besides yourself access to your account. Using UNYK for your personal gain. You cannot sell, rent, lend, release or offer this service in its entirety or in part without first obtaining UNYK's written consent. Legally using UNYK in compliance with the rights, limitations and restrictions included in the present Terms of Service. Abiding by the User Agreement and the UNYK Registration Process.
Site Security, Controlled by UNYK.	[ ^ ]
UNYK has implemented security measures to protect you from the loss, embezzlement or fraudulent use of your information.If, however you notice a fraudulent use of your account, password or any other privacy violation, you must advise UNYK immediately. It is strictly prohibited to use or transmit the tools to which you have access to compromise the site's security, to manipulate the system's resources or the Internet access rights, to attempt to guess passwords, or to hack or spy on the network without authorization. UNYK users must, by request, play an active role in preventing computer hacking.If you are personally involved in any security violation, UNYK reserves the right to pass the information regarding the details and circumstances to the system's administrators,other websites, as well as to legal authorities to aid in their searches and help resolve this type of situation.
User Privacy.	[ ^ ]
Respecting user security and privacy is very important to UNYK. You are responsible for the confidentiality of your password and account. Only you, and not UNYK, are entirely responsible for the content of what you share, send via email or transmit via any other means of communication. Your identifier and password give you access to the site for your personal use only. In order to better ensure user security, UNYK may ask you to change your password,at it's discretion,and without necessarily justifying the request with a reason. Children 13 years of age and older can use UNYK's services. Parents should supervise their children's usage of UNYK and keep in mind that the site aims to reach a general public and that as legal guardian, it is the parents' responsibility to determine if the content of the site is appropriate for their child(ren) and to supervise their child's/children's usage. By being on this site, you are affirming that you are 13 years of age or older and that you possess the mental capacity and/or are considered to be legally apt to use UNYK. If you are a parent or legal guardian, you must monitor the use of this site by children, minors, incapable persons or any other persons in your care. You accept responsibility for their actions and usage of this site. You recognize and accept that UNYK has the right to review the content transmitted via this service. UNYK reserves the right, at it's own discretion, to refuse any form of content. You also recognize and accept that UNYK can (i) delete or remove any content violating the terms of the present document or any content considered otherwise unacceptable; (ii) deny access rights, in part or in their entirety, to your account and password at any time, and taking effect immediately and/or prohibiting all subsequent access to the service if UNYK has reason to believe that that you have violated or gone against the terms or the intent of the Terms of Service. You also recognize and accept that (i) terminating your access to the service in accordance with the Terms of Service may occur without previous notice; (ii) UNYK is not liable to you or any third party for terminating your access to the service; (iii) UNYK may divulge the content in order to conform to existing laws or in response to a request from judicial authorities,to enforce the Terms of Service, to respond to complaints related to the violation of the rights of other parties, to protect the rights or interests of UNYK, it's users or the general public. You understand and accept that UNYK cannot be held responsible for the accuracy or inaccuracy of the personal information provided by you or other users on this site. You are aware that all the information and data, whether they are made public through the site or partner sites or transmitted privately, are the sole responsibility of the person who transmitted the said content. UNYK respects and protects your privacy. For more information on privacy protection, read our Privacy Policy.
User Agreement.	[ ^ ]
You agree not to use UNYK in a manner that is illegal and/or prohibited by the Terms of Service. You agree to abide by all applicable local, state, national and international laws. You are responsible for all the acts carried out in your account name, including the content of your exchanges when using UNYK. Including, but not limited to, for example, you agree not to use UNYK to, and without limiting the generality of: Prejudicially affect any person, in any way; Transmit any content that could constitute, without being limited to, abetment of crimes and misdemeanours; incitement to discrimination, hate or violence based on race, ethnicity or nationality; spreading false news; Prejudicially affect judicial authorities; information relative to adoptions, trials, suicide of minors, or a personal financial situation; slander and abuse; invasion of privacy; Endanger minors by and without limiting the generality producing, conveying and transmitting violent or pornographic messages or messages that may cause serious injury to human dignity; Attempt to mislead other users by assuming the name, identity, or the legal name of others; Display, transmit via email or via any other means of communication any content in violation of patents, registered trademarks,trade secrets,intellectual property laws,or any other property right belonging to another party; To send photographs that depict a nude person, works of art or copyright images. Display, transmit via email or via any other means of communication any unsolicited or unauthorized advertising or any promotional material (including "spamming" or any other form of solicitation), any form of harassment directed towards one or several users; Collect and store personal information pertaining to other users; Infringe, intentionally or not, any existing national or international law or regulation or any other regulation with the force of law.
UNYK Registration Process	[ ^ ]
Your personal information: you agree to provide exact and complete information about yourself (registration information). You agree to keep this information up to date, always correct, complete and precise. You must use UNYK under your own identity,without assuming the identity of another person, living,dead or imaginary. Should you provide false, incorrect, outdated or incomplete information,UNYK reserves the right to suspend or terminate your account and to deny you access to the site, in its entirety or in part, effective immediately and indefinitely. UNYK is not required to verify the exactitude or the authenticity of users' registration information. UNYK disclaims all responsibility with regards to possible conflicts that could arise with other software when using its service on the user's computer.
Free Services	[ ^ ]
Use these basic UNYK services for free: Create your smart address book and get your UNYK ID. Add contacts to your address book. Automatic address book updating Change your contact info at any time Control access to your information Information requests to your contacts Download and use UNYK Syncro to update your Outlook data through UNYK
Paid Services	[ ^ ]
Personal UNYK UNYK gives you that chance to personalise your UNYK identity by buying one or several IDs of your choice. UNYK cannot guarantee the availability of the IDs you choose. Usage fees for a personalised UNYK ID are 9.95 € / 9.95 $ CAD / 9.95 $ USD per year. Please note: even if you choose a personalised UNYK ID, you and your contacts can still use the ID that was first attributed to you during registration.
Sales and Refund Policy	[ ^ ]
To ensure that our users benefit from continuous service, services paid for by credit card shall automatically be renewed upon expiry, unless you have refused this option upon payment. Users shall be notified thereof by e-mail several days before thre renewal date. Users may refuse this option at any time by simply clicking "Account Statement" in the top left. All sales are final. No refunds or exchanges after subscription to one of our paid services, even if the service has not been used or in the event of any breakage to your computer equipment during the valid period of your package. End of usage rights: the end of your subscription to a paid service does not automatically cancel your account since you are allowed to continue using the free services. To delete your account definitively, logon to www.unyk.com, and under the heading "My Account" in the top right, click "Delete My Account". Warning! Deleting your account will permanently delete your info from your contacts' address books. You will be required to re-register if you wish to use UNYK again.
UNYK Ownership Rights.	[ ^ ]
This site is the property of UNYK. The site and its contents (including but not limited to (1) the textual content, (2) the software, (3) the photos, (4) the graphics, (5) the page layout, (6) the concept presented by and as part of the UNYK service) are the property of UNYK or third parties, protected under trademarks,patents, copyright or property rights. Any unauthorized use constitutes an infringement punishable by law. You are allowed to access and use the site and its content on a personal computer, for personal, non-commercial use. Moreover, using this site, in its entirety or in part, on another website, computer network or any other medium is prohibited. Separating, inverting, disassembling or copying and/or reading the code used by the site's software in order to examine, copy, or create a derivative product based entirely or in part on the site's software is strictly prohibited, except when permitted by law. No part of the site can be reproduced, published, copied, saved, posted, transmitted, broadcast or distributed in any way, except when permitted by law, unless you have first received the authorization to do so from UNYK. The trademarks registered to UNYK, including the trademark UNYK and its respective graphic representation cannot be copied, traced or used, in its entirety or in part, without first obtaining specific authorization from UNYK. Moreover, the page headings, the customized graphics, icons, and font are trademarks and/or product presentations registered to UNYK that cannot be copied, traced or used, in their entirety or in part, without first obtaining the specific authorization of UNYK. The other trademarks or their respective graphic representations are the property of their respective owners.
User Responsibility.	[ ^ ]
In view of the volume of information exchanged, control of the content appearing on the UNYK site can only be limited. Therefore, UNYK does not ensure the authenticity, probity or the honesty of the content. You understand and accept that: You use the UNYK service at your own risk. Each user is responsible for his or her behaviour and interactions with the site's users. Each user is responsible for the content, information, or any other element that he or she shares with the site's users. These elements are transmitted "as is",without any expressed or implied warranty of any kind, with regards, in particular, to the exactitude or validity of trademarks or any content displayed on the site. The information and content included on, or made available by, this service can be inaccurate or contain typographical errors. UNYK and/or it's respective suppliers can make changes to the site at any time in an effort to improve and/or modify the service and/or its content. The present Terms of Service take precedence over any other information or counsel, oral or written, that you may have received from UNYK. Under no circumstance can UNYK be held responsible for , and without limiting the generality of, the content, errors or omissions in the content, any damage consequential to the use of the information displayed, transmitted via email or via any other means of communication on the site. UNYK cannot be held responsible for any direct or indirect damages that may occur when using, or, on the contrary, being unable to use the site.
UNYK Responsibility	[ ^ ]
UNYK cannot guarantee that the site will be available at all times, without interruption or error, nor that its site or servers that ensure that the site's online availability are virus-free or will not malfunction. Therefore, though every possible effort is being made to ensure that the information is accessible and the system is functional, users must not assume that there are any guarantees as to the site's exactitude,reliability or connection. UNYK does not guarantee that the site, in part or in its entirety, will not infringe on the rights of others and is not responsible for any errors or omissions of any kind on the site. UNYK cannot guarantee that each user will achieve his or her goals or aspirations by using this site. UNYK only provides the tools and means to its users. Moreover, UNYK cannot be held responsible, in any way, for any losses or damages resulting from the use or the inability to use the content, information, software, services or any other content made available on the UNYK, in part or in its entirety, for any reason, even if UNYK had been warned that such losses or damages could occur. In this case, you alone must bear the cost of any repair or correction service that could consequently be incurred.
Misuse	[ ^ ]
Sending, creating or responding to messages (spam) that could have a prejudicial effect on the site's functioning or that could prevent users from normally using this site is prohibited. Reproducing, selling, reselling or operating, in any way, the services or the access to the services offered on the site is prohibited.
Compensation	[ ^ ]
When a lawsuit is brought against UNYK, following an infringement or violation of the Terms of Service caused by you, you accept to compensate UNYK (including its employees, administrators, representatives, distributors and affiliated members) by paying money damages equivalent to the costs incurred (including legal fees) and compensation for damage sustained.
Links to Other Sites.	[ ^ ]
The site contains links to other Internet sites, over which UNYK has no control. You understand and accept that UNYK cannot be held responsible for the content or aspect of these sites. UNYK would especially like to remind you that we do not monitor the information on these other sites. We strongly encourage you to be aware of the security and privacy policies of these sites before engaging in any transaction with them.
Modification to or Termination of the UNYK Service.	[ ^ ]
You recognize that UNYK can, at its sole discretion, change your password, terminate your account or your access to the site and to information or files pertaining to your account. UNYK can deny you access at a later date to this information, these files or service UNLESS a written mutual agreement has been reached. UNYK can also delete, including and without limitation, content or services, in part or in their entirety, for whatever reason, if UNYK believes that you have violated the terms or the intent of the Terms of Service. UNYK reserves the right to modify or temporarily or permanently terminate its service, at any time, in part or in its entirety and with or without notice. However, whenever possible, UNYK will warn users should their access to the service be terminated or suspended. You recognize that UNYK cannot be held responsible towards you or any other party if its service is interrupted or terminated.
Modifications to the Terms of Service.	[ ^ ]
UNYK reserves the right to modify or update its Terms of Service or Privacy Policy at any time and without prior notice. By using the site, you agree to all revisions or modifications. These Terms of Service were created May 25, 2005.
Agreement Between UNYK and Its Users.	[ ^ ]
These Terms of Service constitute the agreement between UNYK and its users. This agreement takes precedence over any other preceding or related agreement.
Governing Laws and Jurisdiction.	[ ^ ]
These Terms of Service are subject to the laws of Québec and Canada. You expressly recognize that any action you initiated by yourself, UNYK or any other party to enforce these Terms of Service or any other component relative to the site must be exclusively presented to the District of Montreal.
Severability.	[ ^ ]
If a provision of this site is declared invalid, null or unenforceable, for whatever reason, this provision will be deemed severable and will not affect the validity or the enforceability of the other provisions of this site.

Update: November 2008