Last updated: August 14, 2019
PLEASE READ THESE LICENSE TERMS CAREFULLY
BY DOWNLOADING OR USING THE AD TESTING APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD OR USE THE AD TESTING APP.
Introduction
Welcome, and thank you for your interest in our Ad Testing application (the “App”) and services (collectively, the "Services"). By installing, using, or accessing 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.
e are making our Ad Testing app available to you for the purpose of allowing you to test interactive creative content in order to ensure optimal functionality in the Unity Ad network (the “Ad Testing App Purpose”).
You Must Be 18 to Accept these Terms and Download the App
You must be 18 or over to accept these Terms and install the App.
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.
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 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"); for example, an AR Experience. You agree that you shall follow any Accessed Services’ terms and conditions for users of its content and/or services.
AR Experience
The App contains augmented reality (“AR”) components that will provide you with AR experiences as may be determined by your Ad Testing User Content (the “AR Experience”). While using the AR Experience in accordance with the App Purpose, please be aware of your surroundings and be considerate of others. You understand and agree that your use of the AR Experience is at your own risk. The AR Experience requires use of your device’s camera, which could result in cached images saved to your device. As always, keep your device’s software up to date to ensure you have the most recent security measures installed.
Unity hereby grants you a limited, non-exclusive, non-transferrable, non-sublicensable, and revocable license to reproduce and display AR content on your device solely for your personal, non-commercial, and entertainment use, solely in connection with your permitted use of the AR Experience. You are solely responsible for photos/videos you upload to the AR Experience, and you represent and warrant that you own all such photos/videos or have all rights necessary to use such in connection with the AR Experience.
Intellectual Property Rights
1. Ad Testing App
All intellectual property rights in the App and the App’ content (excepting Ad Testing User Content, below) throughout the world belong to us (or our respective partners). The rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App 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. You may only use the App in accordance with the App Purpose.
2. Ad Testing User Content
You are solely responsible for any data you upload to the Ad Testing App, and you represent and warrant that you own or control all necessary intellectual property rights in and to any such content (the “Ad Testing User Content”). To the extent that you own all necessary rights, titles, and interests in and to the Ad Testing User Content, such content throughout the world belongs to you. You hereby grant Unity a limited, non-exclusive, transferable, royalty-free, fully paid-up and revocable license to reproduce, perform and display, and facilitate the reproduction, performance, and display of, the Ad Testing User Content in connection with the Ad Testing App Purpose.
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; (iii) your violation of any law or regulation, or of any third party rights, including any third party intellectual property rights, and/or (iv) your Ad Testing User Content. 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.