Last updated: November 26, 2019
PLEASE READ THESE LICENSE TERMS CAREFULLY
BY DOWNLOADING OR USING THE UNITY REFLECT APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD OR USE THE UNITY REFLECT APP.
Introduction
Welcome, and thank you for your interest in the Unity Reflect application (the “App”) and services (collectively, the "Services"). By installing, using, or accessing the App or our Services, you agree to be bound by these terms of use (“Terms”). In these Terms, "Unity", "us", "we", or "our" means Unity Technologies ApS and its affiliates.
We are making this App available to you for the App Purpose. The “App Purpose” means the purpose of allowing you and other App users to concurrently view certain content that has been uploaded, optimized and processed by the Unity Reflect software (the “Reflect User Content”). In order to view Reflect User Content, you must be authorized by the person or entity that uploaded such Reflect User Content to the Unity Reflect software. You may only use the App and the Reflect User Content in accordance with the App Purpose.
Eligibility
This App and its Services are intended for persons 13 and older. If you are under the age of 18 or whatever is the age of legal majority where you access the App and Services, you represent and warrant that your legal guardian has read, understood and agreed to these Terms.
Your Privacy
We may use any personal data we collect through your use of the App in the ways set out in the Unity Terms of Service and the Privacy Policy. If you do not want Unity to collect your information, do not use the App.
Unity Account
In order to use the Services, you must register for a “Unity Account” by visiting store.unity.com. To create a Unity Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Unity reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Unity of any unauthorized use of your account. You may cancel your Unity Account at any time by sending an email to support@unity3d.com.
Changes to these Terms
We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. Your continued use of the Services will constitute acceptance of these changes.
Updates to the App
From time to time we may update the App to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
Access to the App
Access to the App and Services may be terminated at any time.
Third-Party Services
The App or any content within the App, including Reflect User Content, may contain links to other independent websites or content (“Sites”) which are not owned or controlled by us. Such Sites are provided without recommendation or endorsement from us. We are not responsible for such Sites and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. Our Services may also provide direct integration/access to services or content of third parties ("Accessed Services"). You agree that you shall follow any Accessed Services’ terms and conditions for users of its content and/or services.
Intellectual Property Rights
All intellectual property rights in and to the App belong to us and our respective partners. All intellectual property rights in and to the Reflect User Content belong to the person or entity that has uploaded such Reflect User Content to the Unity Reflect software. The rights in the App and the Reflect User Content are licensed (not sold) to you. You have no intellectual property rights in or to the App or the Reflect User Content other than the right to use it in accordance with these Terms. You will not disassemble, de-compile, reverse engineer, modify, copy, adapt, create derivative works, or otherwise make available the App.
Limitation of Liability
To the maximum extent permitted by applicable law, Unity disclaims all liability related to any property damage, personal injury, or death that may occur during your use of the Services and Accessed Services, including any claims based on the violations of any applicable law, rule, or regulation, or your alleged negligence, or other tort liability. Without prejudice to the foregoing, any liability of Unity arising from your use of the Services and Accessed Services (whether in tort, contract or otherwise) will be limited in aggregate to ten dollars ($10.00 USD).
Indemnity
You agree to defend, indemnify and hold harmless Unity, its affiliates, and its and their respective directors, managers, officers, members, employees, agents, successors, and assigns from and against any and all losses, claims, liabilities, damages, demands, costs, and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of our Services or Accessed Services; (ii) your breach of these Terms or our Privacy Policy; and/or (iii) your violation of any law or regulation, or of any third party rights, including any third party intellectual property rights. The obligations set forth in this section will survive any termination or expiration of these Terms, our Privacy Policy, or your use of our Services.
Disclaimers; No Warranties
YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES OR ACCESSED SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT PROVIDED THROUGH OUR SERVICES AND ACCESSED SERVICES, IS PROVIDED ON AN "AS IS" BASIS AND UNITY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
UNITY MAKES NO WARRANTY THAT OUR SERVICES OR ACCESSED SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UNITY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, LICENSES, OR CONTENT PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH OUR SERVICES OR ACCESSED SERVICES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND EXCLUSIONS CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR ACCESS TO OR USE OF OUR SERVICES.
Class Action Waiver
You and Unity agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Miscellaneous
These Terms constitutes the entire agreement between you and Unity regarding your use of the App and our Services. If any provision of these Terms is determined to be invalid or unenforceable such provision will be deemed severed from these Terms and the remaining provisions of these Terms will not be affected thereby and will continue to be binding upon you and enforceable. The failure of Unity to insist upon strict performance of any of the provisions contained in these Terms will not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance of or compliance with any of the terms and conditions of these Terms. These Terms are governed by the laws and brought in the courts of the City and County of San Francisco, California, United States of America, excluding its conflicts of law rules. These Terms and the license granted hereunder may not be transferred or assigned by you, and any attempted transfer or assignment will be void and ineffective. Unity may freely assign these Terms and its rights and obligations hereunder without restriction. We may provide notice to you through our Services, our website, by email, or by any other means that you may inform us of; except as otherwise provided in these Terms, all notices given by you under these Terms shall be made by post to Unity Technologies, 30 3rd St., San Francisco, CA 94103, Attn: Legal. Any mobile application storefront/marketplace of our Services, and its subsidiaries, are third party beneficiaries of these Terms, and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.