Hello! Welcome to Unicorn Valley’s Terms of Service. Please read this carefully before using our site, services, or products. This is a contract between you and Unicorn Valley. We’ve also included several annotations that aren’t a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We’ve tried to be fair and straightforward. Please feel free to contact us if you have any questions or suggestions!
The original version of these Terms of Service (and any other terms, policies, or guidelines that we provide to you) is written in English. If and to the extent that any translated version of these Terms of Service (or any other terms, policies, or guidelines that we provide to you) conflicts with the English version, the English version is authoritative.
Please read these Terms of Service and our Community Guidelines carefully before using unicornvalley.xyz (the “Site”) and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Unicorn Valley (all of those collectively with the Site, the “Services”) Processing of the information you share with Unicorn Valley is essential to the personalized Services which we provide and which you expect, including personalized Content (as described below) and ads, and is a necessary part of our performance of the agreement we have with you.
Unicorn Valley reserves the right to modify this Agreement by:
Posting a revised Agreement on and/or through the Services; and
Providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your Unicorn Valley Dashboard or in our mobile applications).
Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and must discontinue your use of, the Services.
Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Unicorn Valley received your prepayment.
You may not use the Services, provide any personal information to Unicorn Valley, or otherwise submit personal information through the Services (including, for example, a name, address, telephone number, or email address) if you are under the Minimum Age. The Minimum Age is (i) thirteen (13), or (ii) for users in the European Union, sixteen (16) (or the lower age that your country has provided for you to consent to the processing of your personal data) . You may only use the Services if you can form a binding contract with Unicorn Valley and are not legally prohibited from using the Services.
You have to be the Minimum Age to use Unicorn Valley. This is a hard rule. No exceptions. If you’re not old enough, don’t use Unicorn Valley.
The Services change frequently, and their form and functionality may change without prior notice to you. Unicorn Valley retains the right to create limits on and related to use of the Services at its sole discretion at any time with or without notice. Unicorn Valley may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Unicorn Valley may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Unicorn Valley may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
You may not, without express prior written permission, do any of the following while accessing or using the Services:
tamper with, or use non-public areas of the Services, or the computer or delivery systems of Unicorn Valley and/or its service providers;
probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Unicorn Valley (and only pursuant to those terms and conditions) or unless permitted by Unicorn Valley’s robots.txt file or other robot exclusion mechanisms;
scrape the Services, and particularly scrape Content (as defined below) from the Services;
use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or
interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
In other words, don’t do bad things to Unicorn Valley or to other users. Some particularly egregious examples of “bad things” are listed in this section, but do not that these are not exhaustive.
As a condition to using certain of the Services and in order for us to provide them to you, you may be required to create an account (an “Account”), provide your age and an email address and select a password and Unicorn Valley username.
You agree to provide Unicorn Valley with accurate, complete, and updated registration information, particularly your email address.
It’s really important that the email address associated with your Unicorn Valley account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Unicorn Valley immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
For purposes of this Agreement:
The term “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services;
The term “User Content” means Content that a User submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all User Content.
Users retain ownership and/or other applicable rights in User Content, and Unicorn Valley and/or third parties retain ownership and/or other applicable rights in all Content other than User Content.
You retain ownership you have of any intellectual property you submit to Unicorn Valley.
When you provide Subscriber Content to Unicorn Valley through the Services, you grant Unicorn Valley a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such User Content. The rights you grant in this license are for the limited purposes of allowing Unicorn Valley to operate the Services in accordance with their functionality, improve and promote the Services, and develop new Services.
When you upload your creations to Unicorn Valley, you’re giving us permission to make them available in all the ways you would expect us to (for example, on our site, via RSS, via email, on social media posts, etc.). We never want to do anything with your work that surprises you.
You also agree that this license includes the right for Unicorn Valley to make all publicly-posted Content available to third parties selected by Unicorn Valley, so that those third parties can syndicate and/or analyze such Content on other media and services.
An example of what it means to “make all publicly-posted Content available” to a Unicorn Valley partner for distribution or analysis would be licensing the Unicorn Valley User Content to partners like search engines.
Note also that this license to your User Content continues even if you stop using the Services.
One thing you should consider before posting: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.
You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us. This includes but is not limited to all photos, logos, trademarks, and other content you submit to Unicorn Valley.
As a User of the Services, Unicorn Valley grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, and redistribute Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below).
Deleted User Content may persist in caches or backups for a reasonable period of time and
Copies of or references to the User Content may not be entirely removed (if referenced, copied, or otherwise used in derivative works by other users, for instance).
You can request your account be deleted at any time by emailing [email protected].
Any use of Unicorn Valley’s trademarks, branding, logos, and other such assets in connection with the Services must use Unicorn Valley’s approved branding and must be in accordance with the Unicorn Valley Trademark Guidelines.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, UNICORN VALLEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Unicorn Valley makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will
Be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data;
Meet your requirements or expectations;
Be free from errors or that defects will be corrected;
Be free of viruses or other harmful components; or
Be entirely secure or that the information you share with us will be secure.
Unicorn Valley also makes no representations or warranties of any kind with respect to Content. User Content, in particular, is provided by and is solely the responsibility of, the Users providing that Content. No advice or information, whether oral or written, obtained from Unicorn Valley or through the Services, will create any warranty not expressly made herein.
You agree that any claim you may have arising out of or related to this Agreement or your relationship with Unicorn Valley must be filed within 6 months after such claim arose; otherwise, your claim is permanently barred.
You further release, to the fullest extent permitted by law, Unicorn Valley and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, Unicorn Valley, from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to any of the following:
Disputes between Users, including those between you and other users
The acts of third parties generally (i.e., individuals or entities who are not Unicorn Valley), including third party sites and services
Disputes concerning any use of or action taken using your Account by you or a third party
Claims relating to the unauthorized access to any data communications relating to, or Content stored under or relating to, your Account, including but not limited to unauthorized interception, use, or alteration of such communications or your Content. For the sake of clarity, this includes any and all claims related to the security of your Account credentials.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNICORN VALLEY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT UNICORN VALLEY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF UNICORN VALLEY AND ITS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (SGD $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth above, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Unicorn Valley may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Unicorn Valley may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Unicorn Valley with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with Unicorn Valley’s prior written consent. Unicorn Valley may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint controllership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Unicorn Valley in any respect whatsoever.