Applicable from 01/09/2018
The services offered by Unbox allow users to boost their presence on social networks, especially on Instagram, Facebook and YouTube, using statistics and various other features.
Unbox recommends that users keep a printed version of the general terms and conditions of use applicable at the time of using the services for their own records.
Article 1: Definitions
In these general terms and conditions of use, the terms used below shall have the following meanings, whether used in the singular or the plural:
“Application”: refers to the application offered by Unbox, from which Users may subscribe to and use the Services. The Application includes the infrastructure as well as the content, including text, sound, still or moving images, videos and databases;
“General Terms and Conditions of Subscription”: refers to the general terms and conditions of subscription defining the terms and the methods of subscription to the Services by Users;
“General Terms and Conditions of Use”: refers to these general terms and conditions of use of the Services by Users;
“Account”: refers to the User’s account set up in accordance with the conditions stipulated in Article 6 of the General Terms and Conditions of Use, accessible from the Website and/or the Application and allowing Users to subscribe to and use the Services;
“Facebook”: refers to the online social network that allows users to post images, photos, videos, files and documents, exchange messages, join and create groups, and use a variety of applications;
“Unbox”: refers to the brand ‘Unbox Social’ owned by the company IceKube Media, a registered Private Limited Company under the Indian Companies Act 2013.
“Usernames”: refers to the login and pass code or password enabling Users to access their Account;
“Instagram”: refers to the application and the social network for sharing photos and videos available on Apple Store, Google Play and Windows 10;
“Services”: refers to the services offered by Unbox via the Website and/or the Application allowing Users to obtain analytics and marketing solutions in relation to their presence on Instagram, Facebook and YouTube, particularly via several features, namely:
An Analytics feature;
A Reporting feature;
A feature to follow Pages and Channels, available for Facebook & Youtube
“Website”: refers to the website of Unbox available at the following address: https://unboxsocial.com from which Users can subscribe to and use the Services. The Website includes all IT components (in particular, computer software and developments and web pages, including source and object code for programs, preparatory design work, specifications, and preliminary studies, user documentation on the use and operation of the website), the graphics charter (including designs, models, prototypes and plans), the infrastructure and the content (including text, sound, still and moving images, videos and databases).
“User”: refers to any legal entity which has set up a business Account and which accesses and uses the Services.
Article 2: Object
The General Terms and Conditions of Use are intended to define the terms and conditions under which Users access and use the Services.
The General Terms and Conditions of Use are systematically provided to Users to allow them to access and use the Services. They exclusively apply to all use of the Services and take precedence over all other terms and conditions, except those that have been expressly accepted by Unbox. Consequently, all other terms and conditions shall only be binding on Unbox further to its confirmation in writing.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SERVICES IMPLIES THE EXPRESS, PRIOR AND FULL ACCEPTANCE BY USERS OF THE GENERAL TERMS AND CONDITIONS OF USE. BY CLICKING ON: “I have read and I accept the general terms and conditions of use of the services” AND BY ACCEPTING THESE TERMS AND CONDITIONS WHEN THE SERVICES ARE ACTIVATED, USERS RECOGNISE THAT THEY ARE BOUND BY THE GENERAL TERMS AND CONDITIONS OF USE.
Article 3: Application/Amendments of the General Terms and Conditions of Use
Clause 3.1: Unbox reserves the right to amend the General Terms and Conditions of Use at any time, in particular to take into account any legal, jurisprudential, editorial, functional and/or technical development of the Website, the Application and/or the Services.
The version that takes precedence is the one that is accessible online at the date of use of the Website and/or the Services.
Any use of the Website and/or the Services by Users subsequent to the publication of the amended General Terms and Conditions of Use implies their acceptance of the new General Terms and Conditions of Use.
Clause 3.2: The General Terms and Conditions of Use are regularly updated. Users are therefore requested to read them every time they visit the Website.
Clause 3.3: In the event that Users disagree with the amended General Terms and Conditions of Use, they must stop accessing the Website and stop using the Services. The consequences specified in Article 14.2 of the General Terms and Conditions of Use will then apply. Use of the Website, the Application and/or the Services by Users subsequent to the publication of the new General Terms and Conditions of Use shall imply their unreserved and express acceptance by Users.
Article 4: Purpose of the Services and the general Operation of Services
Clause 4.1: Purpose of the Services
The Services only allow Users to obtain analytics and marketing solutions for the management of their YouTube and Instagram accounts and Facebook pages, access, view and share the data collected from those features and search for influencers.
4.2 General Operation of the Services
4.2.1 Analytics Feature
Through the analytics feature, Unbox offers Users the ability to:
Manage the growth of their Instagram and/or Facebook and/or YouTube community by viewing the daily number of subscribers gained or lost whilst finding out the location and the language of subscribers and the location of any posts and hashtags by subscribers;
Measure, manage and boost performance, impressions and the reach of their profiles, posts, stories and hashtags on Instagram and/or Facebook and/or YouTube using the optimum posting time, the most engaging (media) content and the most influential hashtags in posts on users;
Manage, analyse and optimise engagement by Instagram and/or Facebook and/or YouTube subscribers ("likes", comments, views, saves, hashtags and filters used) by viewing the performance of their posts and stories in real time compared to previous ones;
Compare their activity and performance with competitors on Instagram and/or Facebook and/or YouTube;
Export their data, create their own reports and schedule the automated sending of those reports.
Article 5: Prerequisites for using the Services
Clause 5.1: Use of the Services requires that Users:
Have access to the Website through a valid internet connection
Create an Account in accordance with the terms set out in Article 6 of the General Terms and Conditions of Use.
Clause 5.2: Users warrant that they have full legal capacity to use the Services, and in particular that they:
Are of legal age;
Have legal capacity and have full intellectual and cognitive capacity (in particular, that they are not in a dependent condition and/or under guardianship and/or under supervision, etc.);
Have the necessary authority to engage the company they represent;
Are not a competitor of Unbox and/or are not using the Services to compete with Unbox, fraudulently and/or in any way that damages the interests of Unbox.
Clause 5.3: Unbox cannot be held responsible for the use of the Services by persons who do not meet the conditions set out in Clauses 5.1 and
5.2 of the General Terms and Conditions of Use.
Article 6: Creation of Account
Clause 6.1: To benefit from the Services, Users must subscribe as described in the General Terms and Conditions of Subscription and create an Account.
Several Accounts per User may be created. Each Account permits the use of the Services for as many Instagram accounts and/or Facebook pages and/or YouTube accounts to be analysed that the User wishes.
Clause 6.2: To create an Account and to be able to use the Services, Users must click on the link “https://www.unboxsocial.com/signup.php”.
Users are then asked to enter an email address and set up a unique, personal password allowing them access to the Services and/or their Account. Unbox encourages Users to use “strong” passwords, combining numbers, letters and symbols as well as upper and lower case letters.
Users are solely responsible for safeguarding their Usernames. As such, Users undertake to keep them confidential and not to disclose them in any form whatsoever. If any of the elements of the Username is lost or stolen, Users must inform Unbox immediately, which will then cancel and/or update the Username concerned.
Users are fully responsible for safeguarding the confidentiality of their password. In this regard, Users must ensure, at the end of each session, that they have effectively logged out of the Website and/or the Application, particularly when accessing the Website from a public computer.
In case of loss of their password, Users are able to request a new password through their Account by clicking the "forgotten password” link.
In addition, Users must fill in a form with the following information:
Mandatory fields are marked with an asterisk (*).
Clause 6.3: When creating an Account (whether on their own behalf or on behalf of a third party), Users undertake to provide true, accurate, up-to-date and complete information, particularly in relation to their identity, in accordance with relevant and applicable laws. Accordingly, they undertake not to create any false identity likely to mislead Unbox or third parties and not to impersonate any other legal entity or individual.
Unbox does not have control over the accuracy or reliability of information provided by Users and therefore cannot be held responsible for any consequences resulting from the provision of incomplete or incorrect information.
Users who discover that another person has used their identity to use the Services must inform Unbox immediately at the following address: email@example.com.
Users undertake to immediately update the information provided should that information change.
Clause 6.4: In the event that a User provides false, inaccurate, erroneous, outdated, incomplete, misleading or deceptive information, Unbox may immediately, without notice or compensation, suspend or terminate that User’s Account and temporarily or permanently deny him access to the Website and/or to the Application and/or to the Services. Moreover, Unbox may not, under any circumstances, be held liable in case of non-performance and/or partial performance of the subscription in relation to the provision of information of that nature.
Clause 6.5: Registered Users may decide to disable their Account whenever they deem it to be appropriate, in accordance with the terms stipulated in Article 15 of the General Terms and Conditions.
Article 7: Terms and Conditions for use of Services
Unbox reminds Users that the Services only serve to boost their presence on Instagram and/or Facebook and/or YouTube using analytics and marketing solutions.
Users acknowledge and agree that the results provided by Unbox through the features depend on information provided by Instagram and/or Facebook and/or YouTube.
It is therefore expressly understood that as Unbox does not have any control over the accuracy or reliability of information provided by Instagram and/or Facebook and/or YouTube, it does not provide any guarantee as to the accuracy of the results and/or statistics obtained by Users when using the Services.
Consequently, Unbox may not, under any circumstances, be held liable in case of incorrect, incomplete and/or inaccurate results and/or statistics obtained from incorrect, incomplete and/or inaccurate information from Instagram and/or Facebook and/or YouTube.
In addition, Unbox may not, under any circumstances, be held liable in case of the unavailability of results and/or statistics due to the unavailability and/or inaccessibility of data collected on Instagram and/or Facebook and/or YouTube. The inability to use any of the features due to the unavailability and/or inaccessibility of data provided by Instagram and/or Facebook and/or YouTube.
Clause 7.1: Use of the Analytics Feature
Users are able to access and use the analytics feature to manage the growth of their Instagram and/or Facebook and/or YouTube community and, more specifically, to generate and access statistics in relation to their Instagram and/or Facebook and/or YouTube social media profiles.
To do this, they must select the social media profile or profiles on which they wish to obtain analytics and use "Analytics" from the menu of services.
Users then access a set of analytics charts and data including the daily number of subscribers earned or lost, the location and language of subscribers, the location of posts and hashtags by subscribers, post schedules, the number of "likes", comments, views, saves, etc., providing them with a set of data and statistics on the different aspects of their presence on Instagram and/or Facebook and/or YouTube (community, content, engagement and reach of social media profiles etc.).
Clause 7.2: Reports Feature
Users are able to access and use the reports feature from the interface allowing them to generate reports of their social media activity in the form of graphs and/or tables and/or other depictions. Depending on your subscription package the graphs and/or tables can be exported as PDF files and/or as a PowerPoint or excel file and can be viewed by the User during a valid subscription of the Services.
Clause 7.3: Feeds Feature
The creation of custom content feeds is available to Users for sourcing RSS feeds, and Facebook or YouTube public data.
Article 8: Access to Services
The Unbox Services are accessible via the UnboxSocial.com Website twenty-four (24) hours a day, seven (7) days a week.
They are accessible throughout the User’s subscription period until the User decides to terminate its subscription in accordance with the terms stipulated in Article 14 of the General Terms and Conditions of Subscription and/or deactivates its Account in accordance with the terms set out in Article 15 of the General Terms and Conditions of Use.
However, due to the nature of the internet, Unbox does not guarantee the operation of or access to the Services twenty-four (24) hours a day, seven (7) days a week.
Article 9: Interruption of Services
Unbox reserves the right to interrupt the operation of all or part of the Services at any time, with or without notice, in particular to carry out corrective or ongoing maintenance or to develop the content or presentation. Wherever possible, Unbox will inform Users prior to a corrective or ongoing maintenance operation.
In addition, Users recognise that the Services may be interrupted for reasons beyond the control of Unbox and that Unbox cannot guarantee continued access to the Services.
In all cases, Unbox may not, under any circumstances, be held liable for any interruption and/or malfunction of the Services, for whatever reason.
Users are requested to inform Unbox of any technical issue they encounter when browsing and/or using the Services by sending an email to the following email address and describing the issue encountered: firstname.lastname@example.org.
Article 10: General Commitments of Users
Clause 10.1: In general, Users undertake to comply with the General Terms and Conditions of Use as well as with the applicable laws and regulations. Users are responsible for their use of the Services in general as well as for their consequences.
Clause 10.2: When using the Services, Users undertake in particular to:
Provide accurate, complete and true information and systematically update it in case of change;
Observe the prerequisites for using the Services;
Comply with the General Terms and Conditions of Use;
Respect the image and the reputation of Unbox;
Not modify or alter the Services, in whole or in part;
Not restrict the use of the Services by any means and not falsify any mention or element of the Services;
Not spread or attempt to spread computer viruses or other harmful elements through the Services;
Not integrate in an IT system or send numerous unsolicited messages via the Services;
Not remove the content from the Services, in particular by using automated programs;
Not send their personal password to a third party;
Not share their personal password to allow multiple Users to access the Services;
Not use the Services for purposes contrary to the rules in force or infringe the rights of third parties (including intellectual property and privacy);
Not attempt to and refrain from working around, disabling, or otherwise disrupting any security-related function of the Services, or preventing or restricting the use or copying of the Content or imposing any restrictions on the use of the Services or of content accessible from the Services;
Not distribute, in whole or in part, the Services, including the content, on any other medium, without the prior written consent of Unbox;
Not harm Unbox in general.
Clause 10.3: Unbox reserves the right to delete a User's Account and/or deny it access to the Services without notice and without prejudice to other rights and actions that it may be entitled to claim in the event that a User uses the Services in an inappropriate manner.
Article 11: Responsibilities of Users
Clause 11.1: Sole and personal responsibility
Users are solely responsible for their decision to use the Services and for their suitability to their needs as well as for the security of their IT system and the back-up of their data. Users are also responsible for their dealings with third parties in relation to the use of the Services.
In addition, they are personally responsible for using the Services as well as for the information provided when creating their Account and using the Services.
Clause 11.2: Adherence to General Terms and Conditions of Use
In case of breach by Users of one of their obligations under these General Terms and Conditions of Use, in particular of the obligations in Article 10 above, Unbox reserves the right to suspend or terminate the Account of the User, without prior notice, in accordance with the conditions of Article 15 of the General Terms and Conditions of Use. Such termination will take place without prejudice to any damages that may be claimed by Unbox for damage suffered as a result of such breach by the User.
Article 12: Responsibilities of Unbox and Guarantees given by Unbox
Clause 12.1: Responsibilities of Unbox
The Services only allow analytics and marketing solutions to be obtained for the management of YouTube and Instagram accounts and Facebook pages, the data collected from those features to be accessed, viewed and shared.
Unbox may not be held liable for any damage suffered by Users in relation to the abnormal use of the Services, particularly in case of breach of the General Terms and Conditions of Use and/or the provision of false or incorrect information by Users.
Unbox may not be held liable for any direct or indirect damage, losses or costs resulting from the use of the Services, the inability to use the Services, a malfunction, maintenance interruption, the technical failure of the server, interrupted internet access, a virus, a line or system issue or for any other reason.
Unbox may not be held liable for any damage to the IT system of Users, for loss of data, or for any other damage resulting from access to or the use of the Services by Users.
In addition, Unbox may not be held liable to Users, to the maximum extent permitted by the applicable law in force in India, for:
Any indirect damage that may be caused, including any loss of profit (whether direct or indirect), any loss of customers, loss of commercial reputation or loss of data that Users may sustain;
Any loss or damage that Users may sustain, including as a result of the trust in the completeness and accuracy of the information provided via the different Services;
Any changes that Unbox may make to the Services in general, or any temporary or permanent termination of the Services offered;
Their relationship with professionals or other third parties whose contact information they have obtained through the Services;
The failure by Users to provide Unbox with precise information concerning their Account;
The inaccuracy of the data and/or statistics obtained;
Access or use or the inability to use or access the Services in general; The inability of Users to keep completely secure and confidential a password or the information provided upon their registration.
NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL UNBOX, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE USER OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER UNBOX HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
?NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, UNBOX’S (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS SHALL BE LIMITED TO THE PAYMENTS MADE BY THE USER FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF UNBOX WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
Clause 12.2: GUARANTEES
Users understand and agree that:
The Services are provided “as is” basis. Furthermore, Unbox cannot guarantee the consequences of the use of the Services and/or the Services rendered by third parties.
In particular, Unbox does not Guarantee:
That the services correspond to the requirements of Users
That the services will operate without interruption, securely or without malfunction;
The quality of any service, including that the results obtained via the services will meet User expectations
That the results of the data collected by the features are complete, exhaustive, true, accurate or reliable
No information or advice given by Unbox to Users in relation to the use of the Services shall be regarded as the provision of a guarantee.
Article 13: Personal Data
In accordance with the amended Act No. 78-17 of 6 January 1978 on data processing, files and freedoms, known as the “Data Protection Act” and the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, Users are informed that Unbox carries out automated processing of their personal data for the purpose of using the Services and to process and manage the business relationship and to sell the subscription to the Services.
That data may be transferred to subsidiaries and/or companies controlled by Unbox as well as to its subcontractors who contribute to such relationships for management, performance, processing and payment purposes.
Every User has access, modification, correction, limitation, portability and removal rights. in relation to their data, as well as a right of opposition.
Article 14: Term of Use and Termination of General Terms and Conditions of Use
Clause 14.1: Term of Use
Access to and the use of the Services offered by Unbox is valid for an indefinite period as from the User’s subscription, except in case of termination by the User in accordance with the terms stipulated below in Clause 14.2.
Clause 14.2: Termination of General Terms and Conditions of Use
Users may opt out of the General Terms and Conditions of Use either by
notifying Unbox at any time, by means of notice, or
by deactivating their registration in accordance with the conditions described in Article 15 below. Notice must be sent to Unbox in writing, to the address of Unbox stipulated at the start of these General Terms and Conditions of Use.
Unbox may terminate the General Terms and Conditions of Use with any of it’s Users, at any time, without notice, in the following cases:
Users fail to comply with any of the terms of the General Terms and Conditions of Use;
Unbox is required to do so by a law or regulation.
Such termination will result in the deactivation of the User’s Account by Unbox and will have the same consequences as those stipulated in Article 15 below.
Unbox also reserves the right to temporarily block all access to the Website and/or to the Services by Users who have breached the General Terms and Conditions of Use and have not complied with the prerequisites defined in Article 5 of the General Terms and Conditions of Use.
Article 15: Account Activation, Deactivation, Cancellation, Billing and Payments
Clause 15.1: User account activation
A User’s Account is active so long as:
It is registered on the Website;
It pays for a subscription to the Services of Unbox.
As soon as a User stops paying for its subscription, access to the Services is disabled. The Customer may continue to access its Account but will not have access to the Services unless it purchases and pays for a new subscription to the Services.
Clause 15.2: User account deactivation
Users are able to deactivate their Account on the Website and/or delete their Account at any time for no reason.
To do so, Users must send an email to the following address: email@example.com requesting the deactivation or deletion of their Account. A copy of some form of identity may be requested to avoid any risk of identity theft.
Access to the Account will end on the anniversary date of the User's subscription.
Clause 15.3: Account cancellation
The cancellation of the subscription and/or the deletion of an Account is final as the Account is irreversibly deleted and the personal data relating thereto is automatically deleted and cannot be recovered.
The cancellation of the subscription and/or the deletion of an Account does not prevent Users from re-registering and creating another Account.
Clause 15.4: Account Billing and Payments
Unless otherwise agreed to in writing by Unbox, the Service is made available on a pay-as-you- go basis and is charged at the start of the elected subscription term (generally monthly, semi-annual or annual). If the User does not provide a valid credit card or other payment information to Unbox before the expiration of any applicable free trial period, the User Account will be suspended until payment information and charge authorization are provided. The User will be promptly billed and, if applicable, any trial period will terminate.
Unless the User cancels its subscription prior to the expiration of its current subscription term, Unbox will automatically renew the subscription based on User’s subscription package renewal cycle and will charge the User’s credit or debit card with the applicable renewal subscription fees.
?Modification of Subscription: If the User chooses to upgrade a subscription package or number of users during an elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to the Users’ account accordingly. User will be charged the adjusted rate on subsequent billing cycles. If the Subscription is cancelled, the user will not be charged from the following month. There are no refunds for cancelled subscriptions.
Authorization to charge Credit or Debit Card: By becoming a subscriber of the Service and submitting credit card information to Unbox, the User hereby authorizes Unbox to store your payment card information and to charge the billing source that have been provided for the User account according to the subscription plan selected until the account is deactivated.
General Disclaimer: In the event of non-compliance with the obligations resulting from acceptance of the General Terms and Conditions of Use, the provision of incorrect information when the Account is created or action likely to damage the interests of Unbox, Unbox reserves the right to suspend access to the Services without notice or, depending on the seriousness of the action, delete the User's Account without any damages being able to be claimed.
Article 16: Intellectual Property
Clause 16.1: Intellectual Property Rights
Unbox retains all rights, title and interest in and to all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, content, graphics, images and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) related to the Service. The rights granted to the User to use the Services do not convey any additional rights in the Service, or ownership of any Intellectual Property Rights associated therewith.
The Intellectual Property is made available to Users, free of charge, solely for the use of the Website and the Services and as part of the normal use of their features.
It is agreed that the General Terms and Conditions of Use shall not result in any assignment of the intellectual property rights of Unbox.
Clause 16.2: Use of Intellectual Property
Unbox grants to Users the non-exclusive, non-transferable right to use the Website and/or the Services and any related software. Users are prohibited, directly or indirectly, from copying, modifying, creating a derivative work, reverse engineering, disassembling, or otherwise attempting to find the source code (except for cases stipulated by law), selling, assigning, sub-licensing or otherwise transferring any rights in relation to the Intellectual Property. Users agree not to modify the Intellectual Property in any way.
Users undertake not to modify the Website, the Services or the related software in any way and/or not to use any modified versions thereof, including (but not limited to) to gain unauthorised access to the Website and/or the Services. In particular, Users agree not to access the Services by any means other than through an authorised use of the Website.
Users are informed and recognise that the Website, the Services and any related software used may contain confidential information or information protected by the intellectual property law in force or any other law. Users undertake not to modify, lease, borrow, sell or distribute such content or create derivative works incorporating all or part of that content, unless expressly authorised by Unbox in advance.
Such authorisation to use the Intellectual Property is given on a personal, non-exclusive and non-transferable basis. Unbox may revoke its authorisation to use its Intellectual Property at any time.
In case of non-compliant or abusive use of the Intellectual Property, Unbox reserves the right to take any legal action to stop the infringement of its intellectual property rights and to cancel the subscription and/or deactivate Users’ Accounts in accordance with the conditions of Article 15 above.
Article 17: Miscellaneous
Clause 17.1: Entire Agreement
The General Terms and Conditions of Use constitute the entire agreement between Users and Unbox with regard to the use of the Services and of the Website in general and all previous understandings whether oral or written having been merged herein. No representations or warranties have been made other than those expressly set forth herein. Without limiting the foregoing, the parties have not relied on any oral statements that are not included in the Terms. Except as otherwise provided in these Terms, the Terms may not be changed, modified, renewed, extended, or discharged or any covenant or provision hereof waived except by an agreement in writing signed by both parties. These Terms supersede prior versions of these Terms.
The General Terms and Conditions of Use govern all usage of the Services by Users, subject to the application of additional or specific terms and conditions of use governing certain Services for which Users must give their express consent.
Clause 17.2: Severability
If any provision of these Terms, or the application thereof under certain circumstances, is held to be invalid or unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms, or the application of such provision under other circumstances, shall remain in full force and effect.
Clause 17.3: Relationship; Independent Contractor
Nothing herein contained shall be so construed as to constitute the parties as principal and agent, employer and employee, partners or joint venturers, nor shall any similar relationship be deemed to exist between the parties. Neither party shall have any power to obligate or bind the other party, except as specifically provided herein.
Clause 17.4: Assignment
Neither party may assign these General Terms and Conditions of Use or any of its rights under these Terms, directly, by operation of law or otherwise, without the prior written consent of the other party, except that Unbox may assign these General Terms and Conditions of Use, without User’s consent to a parent, affiliate, or successor by way of a merger or reorganization.
Clause 17.5 Indemnification
Users agree to defend, indemnify, and hold harmless Unbox from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from Users’ breach of these General Terms and Conditions of Use, or Users’ access to, use, misuse or illegal use of the Services. Unbox will provide User notice of any such claim, suit, or proceeding.
Article 18: Applicable Law
The use and operation of the Services are subject to Indian law. The validity, performance and interpretation of the General Terms and Conditions of Use applicable to the Services are also subject to Indian law.
For any issue and/or question relating to the Services, Customers are requested to contact customer services by email at the following address to try to find an amicable solution: firstname.lastname@example.org.
Any disputes relating to the Services, interpretation or performance of the General Terms And Conditions of Use and/or to the Use and/or Operation of the Services are subject to the jurisdiction of the Mumbai courts.