Effective as of March, 2022
These Terms of Use (this “Agreement”) is a legal agreement between you (“you”) and Unhyped Life & Co (“Company, ” “we” or “us”) for use of the the website (unhyped life), the servers used by the website, the computer files stored on such servers, and all related services, features and content offered by the Company (collectively, the “website”).
1. Acceptance of terms
Please read this Agreement carefully. By creating an account or accessing or using the Website, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
We may modify this Agreement from time to time. We will notify you by email, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the Website after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
2. Medical services disclaimer
THE COMPANY UNHYPED LIFE IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE PAID ARTICLES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION.
PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE WEBSITE.
YOU SHOULD NOT FOLLOW OUR ARTICLES AND LIFESTYLE CHANGES UNDER THESE CONDITIONS:
IF YOU ARE PREGNANT.
IF YOU ARE BREASTFEEDING.
IF YOU HAVE AN EATING DISORDER.
IF YOU HAVE HEALTH CONDITIONS.
IF YOU TAKE PRESCRIPTION MEDICATION.
ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR 112 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
3. Registration and eligibility
While using the website, you may be required to create or update an account (“Account”) and will be asked to provide certain personal information, which may include your name, gender, birth date, and e-mail address. This information will be held and used in accordance with our privacy policy, which can be found at unhyped.life/privacy (“Privacy Policy”). You agree that you will supply accurate and complete information to the Company, and that you will update that information promptly after it changes.
To create an Account or access the website, you must be at least 12 years old and not barred from using the website under applicable law.
4. Your use of the Website
Any content you submit through the Website is governed by the Company’s Privacy Policy unhypedlife/com/privacy.htm. To the extent there is an inconsistency between this Agreement and the Company’s Privacy Policy, these Terms shall govern. If you submit a question or response, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. The Company and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the Website, you agree not to use the Website for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Website and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
a. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Website ;
b. modify, reverse engineer, decompile or disassemble the Website ;
c. copy, adapt, alter, modify, translate, or create derivative works of the Website without written authorization of the Company;
d. permit other individuals to use the Website, including but not limited to shared use via a network connection, except under the terms of this Agreement;
e. circumvent or disable any technological features or measures in the Website for protection of intellectual property rights;
f. use the Website in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
g. use or access the Website to compile data in a manner that is used or usable by a competitive product or service;
h. use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
i. use your Account to engage in any illegal conduct;
j. upload to transmit any communications that infringe or violate the rights of any party;
k. upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company’s Privacy Policy; or
l. upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
Any such forbidden use shall immediately terminate your license to use the Website.
5. Children’s privacy
We are committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 12. We do not collect personally identifiable information from any person we actually know is a child under the age of 12.
6. Limited license to the Website
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Website for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title, and interest in and to the Website not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@unhypedlife.com
7. License to User Content
The Website enables you to input personal notes, share your stories, and log certain information into the Website (“User Content”). You retain all rights to such User Content that you post, share or log from the Website.
By providing your User Content to the Website, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the Website and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to company with the terms described in this Agreement.
The Company reserves the right to review all User Content prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
8. Use at your own risk
Our goal is to help make certain health-related information more readily available and useful to you, however, the Website cannot and does not guarantee health-related improvements or outcomes. Your use of the Website and any information, predictions, or suggestions provided in the Website are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Website and you agree and understand that the Website is not intended to match or serve the same purpose as a medical or scientific device.
9. Limitation of liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE WEBSITE OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE INFORMATION ON THE WEBSITE.
10. Third Party Services
The Website may give you access to links to third-party websites, apps, or other products or services (“Third Party Services”). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.
11. Your feedback
We welcome your feedback about the Website. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
12. Changes to the Website
From time to time and without prior notice to you, we may change, expand and improve the Website. We may also, at any time, cease to continue operating part or all of the Website or selectively disable certain features of the Website. Your use of the Website does not entitle you to the continued provision or availability of the Website. Any modification or elimination of the Website or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
13. Indemnity
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
14. Miscellaneous
Any dispute arising from this Agreement shall be governed by the laws of the State of Maharashtra without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE STATE OF MAHARASHTRA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.
We may refuse service, close Accounts, and change eligibility requirements at any time.
15. Notice and takedown procedures
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting the Company and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., App page) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number and (if available) e-mail address.
d. A statement that you have a good faith belief that the use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury, ” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
Questions and comments
If you have any comments or questions on any part of the services or any part of these Terms of Use, please feel free to contact us at support@unhypedlife.com