Insight Miner1. Your relationship with Unity Dynamics Corporation. (“Unity Dynamics”)
1.1 "Insight Miner" web site, software, property, and branding are owned by Unity Dynamics Corporation.
1.2 Your use of Unity Dynamics' products, software, services and web sites (referred to collectively as the “Services”) is subject to the terms of a legal agreement between you and Unity Dynamics (these “Terms”). These Terms form a legally binding agreement between you and Unity Dynamics in relation to your use of the Services. It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1 To use the Services, you must first agree to the Terms. You accept the Terms by clicking or tapping on a button indicating your acceptance, by executing a document that references them, or by using the Services.
2.2 By accepting these Terms, you represent that you have the legal power to do so. If you will be using the Services on behalf of an organization, (a) “you” and “your” will refer to that organization, (b) you agree to these Terms on behalf of that organization and you represent that you have the authority to do so, and (c) you shall be responsible for ensuring that each of your end users complies with the terms, conditions and obligations in these Terms.
2.3 You may not use the Services and may not accept the Terms if you are barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. If you represent an organization, you will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States, and (b) you do not provide access to the Services to persons or entities on any restricted lists.
2.4 If you are under 18 years old, you may not create a Unity Dynamics account or use the Services unless (a) you have received access to the Services through your School (defined below), or (b) your legal guardian has reviewed and agreed to these Terms. If you are a parent or legal guardian permitting a person under 18 years of age (a “Minor”) to create an account and/or use the Services, you agree to: (i) supervise the Minor’s use of the Services and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Services and their account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
3. Provision of the Services by Unity Dynamics
3.1 Unity Dynamics gives you a limited, worldwide, non-assignable and non-exclusive right to access and use the Services, including the software provided as part of the Services (referred to as the “Software”) during the term hereof, solely in connection with your internal business operations and subject to these Terms. This includes, but may not be limited to, "Insight Miner" site (including https://insightminer.com) and software (including https://app.insightminer.com).
3.2 You may not assign or grant a sub-license of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
4. Your Use of the Services
4.1 In order to register for and access certain Services, you will be required to provide information about yourself. You agree that any registration information you give to Unity Dynamics, including contact information (e.g., e-mail address) and billing/payment details, will be accurate and kept current. Accounts are controlled by the entity whose email address is registered with the account.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3 You are responsible for your conduct, Content, and communications with others while using the Services. In addition to restrictions found elsewhere in these Terms, you agree not to:
(a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless expressly permitted;
(b) access all or any part of the Services in order to build a product or service which competes with the Software or Services;
(c) license, sell, trade, resell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Software or Services available to any third party except the licensed users;
(d) access or attempt to access any of the Services by any means other than through the interface that is provided by Supplier, including through any automated means (i.e., use of scripts or web crawlers);
(e) access, store, distribute or transmit any Viruses during the course of your use of the Services or engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services;
(f) engage in abusive or excessive usage of the Services, which is defined as usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users, all as determined in Unity Dynamics' discretion;
(g) use the Services to infringe the intellectual property rights of others. Without limiting the foregoing, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos; or
(h) access, store, distribute or transmit any material during the course of using the Services that is unlawful, harmful, threatening, defamatory, discriminatory, hateful, vulgar, obscene, libelous, invasive of another’s privacy, related to illegal activity, or otherwise objectionable.
4.4 We do not assume any responsibility for special processing or handling of data that might be considered “sensitive” or otherwise regulated by law. You specifically consent to our processing of data that you upload to the Service with our existing security policies. You agree that you will not, and will use commercially reasonable efforts to make sure a third party does not, use the Services to store or transfer any data that is controlled for export under any export or reexport control law or regulation, or is otherwise subject by law to special processing restrictions (for example, privacy, financial services, and health information laws and regulations). If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance and you may not use the Services in a way that would subject Unity Dynamics to those industry-specific regulations without obtaining Unity Dynamics' prior written agreement.
4.5 Unity Dynamics reserves the right in its sole discretion to decide whether your conduct is inappropriate and whether it complies with these Terms.
4.6 Unity Dynamics may disable or terminate your access for any conduct in violation of these Terms and remove any objectionable Content, without prior notice and at Unity Dynamics' sole discretion. You acknowledge and agree that if Unity Dynamics disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other Content contained in your account.
4.7 You acknowledge and agree that while Unity Dynamics may not currently have a fixed limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such limits may be set at any time, at Unity Dynamics' discretion.
5. Your Content
5.1. In the course of using the Services, you may submit to or create content in the Services (your “Content”). Other than as described in Section 6.1, you retain ownership of all of your intellectual property rights in your Content.
5.2 You grant Unity Dynamics a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works from, make publicly available, and otherwise exploit your Content for the purposes of providing the Services, including technical support and account management services, to you and as otherwise permitted by the Insight Miner Privacy Policy. This limited license continues even after you stop using the Services, with respect to aggregate and de-identified data derived from your use of the Services. The limited license also extends to any trusted third parties Unity Dynamics works with to the extent necessary to provide the Services to you.
5.3 You understand that Unity Dynamics, in performing the required technical steps to provide the Services to users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Unity Dynamics to take these actions.
5.4 If you believe that Unity Dynamics, or any user of the Services, has violated a copyright, trademark or other intellectual property right you claim in your work, please contact us at info@unitydynamics.com. Unity Dynamics responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA).
6. Multi-User Accounts
6.1 When you create Content under an individual plan, that Content is available only to you and other Unity Dynamics users with whom you share the Content. However, if you are or become an individual user managed under a multi-user subscription plan maintained by your employer or other third party (a “Multi-User Plan”), any Content you have created or will create will be subject to control by the account administrators, and is no longer “your Content” for purposes of this Agreement. Account administrators under a Multi-User Plan can designate other users under that Multi-User Plan as owners of the Content you originally created, in which case you may no longer be able to access the Content and may lose any copyright or other rights you held in the Content. In addition, the account administrator of such Multi-User Plan may remove you from the account or close your account without your prior consent. If you have questions about Multi-User Plans, please contact us at info@unitydynamics.com.
6.2. You acknowledge and agree that if you are a registered Unity Dynamics user, and the domain of the primary email address associated with your Unity Dynamics account is owned by an organization, and an authorized representative of that organization wishes to establish a Multi-User Plan and add you to it, then certain information concerning your individual account may become accessible to that organization’s administrator, including your name and email address, and your Unity Dynamics account may be added to the Multi-User Plan without your prior consent. In addition, you acknowledge and agree that if you are or become a registered user that is part of a Multi-User Plan your account information and data will be shared with the primary administrator(s) of the account and your data may also be visible to other users in the account.
6.3. If you are the representative of an entity with Multi-User Plan, you represent and warrant that the entity (a) owns the e-mail domain(s) that it intends to lock down (force new registrations through the Multi-User Plan process) and/or consolidate (move into the Multi-User Plan) pursuant to the Multi-User Plan features of the Services and (b) owns the content that has been created by users with accounts set up with such e-mail domains. You will appoint an appropriate administrator to manage the user subscriptions and will be solely responsible for such administrator’s acts and omissions with respect to the Services.
7. Education Accounts
7.1 If you are a school, school district, or related person, entity or organization (such as an administrator or educator who accesses the Services on their behalf) (each a “School”), then this section applies to you and “you” shall mean the School purchasing the account, as well as its end users.
7.2 You agree (a) to only provide access to the Service to those individuals employed by or enrolled as students in your School or classroom and (b) to be responsible for any Content, communications, and activity that occur under such accounts. Regardless of the account level being utilized, to the extent a School offers or requires access to the Services to Minors, the School will be responsible under this Section 7 for those end user accounts.
7.3 “Student Data” is any information (in any format) that is directly related to any identifiable current or former student that is maintained by a School, and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”) that Schools provide to us. While we may need to access Student Data to provide the Services to you, Schools own the Student Data and remain responsible for it. Our Insight Miner for Education Privacy Policy provides more detail about how we handle Student Data.
7.4 Both parties agree to uphold their responsibilities under the FERPA, the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy and Protection Act (“COPPA”). We provide the Services under the “school official” exception of FERPA 34 CFR Part 99.31(a)(1). COPPA requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under the age of 13. You represent and warrant that you have the authority to provide consent on behalf of parents in order for us to collect information from students before allowing children under the age of 13 to access our Services. We recommend that all Schools provide appropriate disclosures to students and parents regarding their use of service providers such as Unity Dynamics and that they provide a copy of our Insight Miner for Education Privacy Policy to parents and guardians. If you are located outside of the United States, you will obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students' use of the Services, you agree that you will be responsible for complying with such laws.
8. Indemnification
8.1 You hereby agree to indemnify, defend and hold Unity Dynamics, its resellers, partners, officers, directors, agents, affiliates, and licensors ("the Indemnified Parties") harmless from and against any third-party claim or liability arising out of (a) any Content you submit, share, upload, post or display on or to the Services; (b) any use by Unity Dynamics end users of your Content; (c) any breach of or noncompliance with any representation, warranty or obligation in these Terms; (d) any claim that your Content violates any applicable law or infringes the rights of a third party; and (e) your violation of any applicable law, rule or regulation, including but not limited to FERPA, PPRA, and COPPA. You shall cooperate fully in the defense of any claim. Unity Dynamics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Services may be irreparable; therefore, Unity Dynamics is entitled to seek equitable relief, including an injunction and/or preliminary injunction, in addition to all other remedies.
9. Billing, Payment and Renewal
9.1 If you select paid level of the Services (a “paid account”), you may choose to subscribe and pay for the Services on either a monthly or annual basis and Unity Dynamics will bill the account administrator in advance for use of the Services. You may choose to discontinue your paid account at any time; however, Unity Dynamics does not issue refunds for unused subscription periods, except as provided in these Terms or when required by law.
9.2 Current pricing for monthly and annual paid accounts are published on the Unity Dynamics web site. Unity Dynamics reserves the right to modify pricing at any time; provided, however, that Unity Dynamics will notify the account administrator of a paid account by email prior to any monthly or annual price increase affecting that account. If you upgrade to a higher paid level or tier of paid account, Unity Dynamics will credit any remaining balance from your previous subscription payment to your new level or tier.
9.3 All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page or invoice. Credit card, debit card or other non-invoice forms of payment are due at the beginning of the month for which Services will be provided to you. Unity Dynamics will charge you for all fees when due. Such fees are considered delinquent if not received at the start of each service month or year. Unity Dynamics may enable other forms of payment in the account administration and payments page, which may be subject to additional terms. Payments for invoices are due ten days after the invoice date, unless otherwise specified, and are considered delinquent thereafter.
9.4 Your subscription will automatically renew at the end of each annual or monthly billing cycle. If you wish to change your subscription level or term or cancel your auto-renewal, the account administrator must change the settings in the account administration console provided as part of the Services or contact our customer support team.
9.5 Delinquent payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Unity Dynamics in collecting delinquent amounts. If delinquent fees are not paid, Unity Dynamics will automatically downgrade your account to a free Unity Dynamics account and/or suspend or terminate your use of the Services. Downgrading your account may cause the loss of content, features, functionality, or capacity of your account.
9.6 You are responsible for any taxes, duties, and customs fees associated with the sale of the Services (other than Unity Dynamics' income tax) (collectively “Taxes”), and you will pay Unity Dynamics for the Services without any reduction for Taxes. If Unity Dynamics is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Unity Dynamics with a valid tax exemption certificate. If you are required by law to withhold any Taxes from your payments to Unity Dynamics, you must provide Unity Dynamics with an official tax receipt or other appropriate documentation to support such payments.
9.7 If you are provided access to the Services at no charge, you acknowledge that (a) the version available to you may not include or allow access to all features and functionality available to paid subscribers, and (b) the Services are made available to Customer on an “as is” basis without any warranty, support, maintenance, or other obligation of any kind.
10. Account management and security
10.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Unity Dynamics for all activities that occur under your account. If you become aware of any unauthorized use of your password or account, you agree to notify Unity Dynamics immediately at info@unitydynamics.com.
10.2 Only registered users may use the Services. As a user, you may not allow third parties to access the Services using your account. You are personally responsible for any use of the Services through your account, whether by you or a third party.
10.3 You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Unity Dynamics will not be liable for any failure to store, or for loss or corruption of, your Content.
11. Privacy and your personal information
11.1 For information about data protection practices, please read the Insight Miner privacy policy at http://www.insightminer.com/privacy. This policy explains how Unity Dynamics treats your personal information and protects your privacy when you use the Insight Miner Services.
11.2 You agree to the use of your data, including personal information, in accordance with Insight Miner privacy policies. If you represent a School or an organization, you acknowledge that each end user will need to accept the applicable Insight Miner Privacy Policy to use the Services.
11.3 Unity Dynamics will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Insight Miner privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes publicly known other than through breach of these Terms; (b) was lawfully known to Unity Dynamics before receiving it from you; (c) is received by Unity Dynamics from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by Unity Dynamics without reference to your Content. Unity Dynamics may disclose your Content when required by law or legal process, but only after Unity Dynamics, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
11.4. Unity Dynamics will provide and maintain commercially reasonable information security policies and safeguards, which include technical and organizational measures, designed to preserve the security, integrity, and confidentiality of your Content and to protect it against unauthorized access and information security threats.
12. Other Content in the Services
12.1 The Services contain content provided by others, including advertisements and sponsored Content, that may not be owned by Unity Dynamics and may be protected by intellectual property rights owned by third parties. Such content is the sole responsibility of the person or entity from whom it originated.
12.2 The Services facilitate the sharing of information within your organization and potentially outside of your organization. You agree that you are solely responsible for the Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Unity Dynamics may suffer). You must ensure that you have all the rights and permissions needed to use that Content in connection with the Services.
12.3 You acknowledge that, in order to ensure compliance with legal obligations, Unity Dynamics may review content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). Unity Dynamics may also modify, prevent access to, delete, or refuse to display Content that we believe violates the law, third party rights or these Terms. However, Unity Dynamics otherwise has no obligation to monitor or review any content submitted to the Services.
13. Unity Dynamics IP
13.1 You acknowledge and agree that Unity Dynamics (or Unity Dynamics' licensors) and its resellers own all legal right, title and interest in and to the Software and the Services, including any intellectual property rights which subsist in the Services, whether those rights are registered or not, and wherever in the world those rights may exist. You further acknowledge that the Services may contain information which is designated “confidential” by Unity Dynamics or its resellers and that you shall not disclose such information without Unity Dynamics' prior written consent. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
13.2 Nothing in the Terms gives you a right to use any of Unity Dynamics' trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
14. Publicity
14.1. Unity Dynamics may identify you as a customer, and may use your name and logo on our website or in our customer list, blogs, and other public communications. To request removal of this identification, please notify us in writing at info@unitydynamics.com or Unity Dynamics' address which is found near the end of these Terms.
15. Software updates
15.1 The Software which you use may automatically download and install updates from time to time from Unity Dynamics. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions with different features. You agree to receive such updates and permit Unity Dynamics to deliver them to you as part of your use of the Services.
16. Ending your relationship with Unity Dynamics
16.1 The Terms will apply until all end user accounts under your control are closed unless superseded by written agreement between you and Unity Dynamics.
16.2 If you want to terminate your subscription and close your account, you may do so by (a) notifying Unity Dynamics at info@unitydynamics.com or (b) closing your account and cancelling your subscription in the Accounts Settings tab section of the Services, if this option is available to you.
16.3 Unity Dynamics may, at any time, terminate or discontinue your subscription and/or account, or any user’s access to the Services: (a) if you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) if Unity Dynamics is required to do so by law (e.g., if the provision of the Services to you is, or becomes, unlawful); or (c) if the provision of the Services to you by Unity Dynamics is, in Unity Dynamics' opinion, no longer commercially viable.
16.4 In addition, Unity Dynamics may terminate your subscription and/or close your account, for any or no reason, by giving you 30 days’ written notice to your email address on file and providing a pro rata refund for any prepaid, unused subscription fees for the Services as soon as practicable thereafter.
16.5 When these Terms end, all legal rights, obligations and liabilities that you and Unity Dynamics have benefited from, been subject to, have accrued, or which must survive in order to give proper effect to their intent, shall be unaffected by this cessation, and the provisions of paragraph 23 shall continue to apply to such rights, obligations and liabilities indefinitely.
16.6 If your paid account is downgraded or canceled, your information on servers may be deactivated but not deleted. Unity Dynamics does not actively delete your profile information, including your name and email address, or Content. In order to delete your data from our servers after ending your relationship with Unity Dynamics, you must permanently delete your account. For help deleting an account, please contact info@unitydynamics.com.
17. Exclusion of Warranties
17.1 Nothing in these Terms, including Sections 17 and 18, shall exclude or limit Unity Dynamics' warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Only the limitations which are lawful in your jurisdiction will apply to you and Unity Dynamics' liability will be limited to the maximum extent permitted by law.
17.2 You acknowledge that the Services may experience periods of downtime, including, but not limited to, scheduled maintenance. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "as is" and “as available.” Unity Dynamics MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, AND ANY INFORMATION OR MATERIALS RELATED THERETO OR MADE AVAILABLE THEREFROM, WHETHER EXPRESS OR IMPLIED. Unity Dynamics SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY AND ACCURACY. Unity Dynamics DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME OR THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. Unity Dynamics MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE THIRD-PARTY APPLICATIONS AND CONTENT, AND EXPRESSLY DISCLAIMS ALL RESPONSIBILITY THEREFOR.
17.3 No advice or information, whether oral or written, obtained by you from Unity Dynamics or through the Services shall create any representation or warranty not expressly stated in these Terms.
18. Limitation of Liability
18.1 Subject to Section 17.1, you expressly understand and agree that Unity Dynamics, its affiliates, licensors, resellers, officers, employees and agents (the “Unity Dynamics Parties”) shall not be liable to you for:
(a) any indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, even if Unity Dynamics has been advised of the possibility of such damages and even if a remedy fails of its essential purpose. This shall include, but not be limited to, any loss of use, data, business, revenues, or profits (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, or other intangible loss; or
(b) any loss or damage which may be incurred by you, including, but not limited to, loss or damage as a result of (i) any changes which Unity Dynamics may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; (iii) your failure to provide Unity Dynamics with accurate account information; or (iv) your failure to keep your password or account details secure and confidential.
18.2 Subject to Section 17.1, the aggregate liability of the Unity Dynamics Parties arising out of or in connection with the Services and these Terms is limited to your direct damages and will not exceed the greater of (a) the amounts paid by you to Unity Dynamics for use of the Services during the 6 months prior to the event giving rise to the liability and (b) US $200.00.
19. Advertisements
19.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Unity Dynamics on the Services may change without notice.
19.2 In consideration for Unity Dynamics granting you access to and use of the Services, you agree that Unity Dynamics may place advertising on the Services.
20. Third Party Resources
20.1 The Services may include hyperlinks to other web sites, content or resources. Unity Dynamics may have no control over any web sites or resources which are provided by companies or persons other than Unity Dynamics.
20.2 You acknowledge and agree that neither Unity Dynamics nor its licensors or resellers are responsible for the availability of any such external sites or resources, and do not endorse any advertising, products or other materials on or available from such web sites or resources. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with those other companies or individuals.
20.3 You acknowledge and agree that neither Unity Dynamics nor its licensors or resellers are liable for any loss or damage which may be incurred by you (a) as a result of the availability of those external sites or resources; or (b) as a result of any reliance you place on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
21. Community Galleries
21.1 The Service may contain galleries that present third-party content ("Community Galleries"). Community Galleries include the Templates Library and any other gallery that we make available. The content and information in the Community Galleries ("Gallery Content") was created by Unity Dynamics or third parties. As between you and the creators of Gallery Content, any intellectual property or proprietary rights remain with the creators.
21.2 The Gallery Content is provided "as is" and without any warranties or guarantees of any kind. You alone bear the risk of using Gallery Content. To the extent permitted under applicable law, Unity Dynamics excludes the implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
21.3 If you submit Content to become part of the Community Galleries (your “Gallery Submission”), you direct and authorize Unity Dynamics and its affiliates to host, link to, and otherwise incorporate your Gallery Submission into the Services, and you grant Unity Dynamics and its end users a perpetual, worldwide, royalty-free, non-exclusive license to (a) reproduce the Gallery Submission; (b) create and reproduce derivative works of the Gallery Submission; (c) display publicly and distribute copies of the Gallery Submission; and (d) display publicly and distribute copies of derivative works of the Gallery Submission.
Unity Dynamics reserves, and you grant to Unity Dynamics, the right to syndicate your Gallery Submissions in connection with any of our Services. You may stop distributing your Gallery Submission(s) through the Community Galleries at any time; provided, however, that any such election will not serve to withdraw the licenses granted to Unity Dynamics and its end users under these Terms. In order to stop distributing your Gallery Submission(s), you must utilize the removal functions within the Services, in which case the Gallery Submission(s) removal will be effective within a reasonable amount of time.
21.4 You represent and warrant that (a) you own or have obtained the necessary legal rights to provide all Gallery Submission(s), and will maintain these rights for as long as each Gallery Submission is available to Unity Dynamics and its end users; and (b) all of the Gallery Submission(s) you submit abide by any posted program policies.
21.5 Unity Dynamics claims no ownership over any Gallery Submission you submit through the Services. You retain copyright and any other rights, including all intellectual property rights, you hold in the Gallery Submission. You agree that you are responsible for protecting and enforcing those rights and that Unity Dynamics has no obligation to do so on your behalf.
21.6 You agree that you are solely responsible for (and that Unity Dynamics has no responsibility to you or to any third party for) any Gallery Submission that you submit. Unity Dynamics is not in any way responsible for the subsequent use or misuse by Unity Dynamics end users who access your Gallery Submission.
22. Changes to the Terms
22.1 Unity Dynamics may make changes to the Terms from time to time. When these changes are made, Unity Dynamics will make a new copy of the Terms available at https://www.insightminer.com/terms.html.
22.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Unity Dynamics will treat your continued use of the Services as acceptance of the updated Terms.
23. General legal terms
23.1 Unless otherwise specified, the Services are provided by, and you are contracting with, Unity Dynamics Corporation, and references to “Unity Dynamics”, “we”, “us”, and “our” are references to Unity Dynamics Corporation, incorporated in the state of North Carolina, United States. These Terms, and your relationship with Unity Dynamics under the Terms, shall be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions. You and Unity Dynamics agree to submit to the exclusive jurisdiction of the courts located within Charlotte, North Carolina to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Unity Dynamics shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
23.2 These Terms constitute the whole legal agreement between you and Unity Dynamics and govern your use of the Services (but excluding any services which Unity Dynamics may provide to you under a separate written agreement), and completely replace any prior agreements between you and Unity Dynamics in relation to the Services. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
23.3 You agree that Unity Dynamics may provide you notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
23.4 You agree that if Unity Dynamics does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Unity Dynamics has the benefit of under any applicable law), this will not be deemed a formal waiver of our rights, and those rights or remedies will still be available to Unity Dynamics.
23.5 If any court of law having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
23.6 Where Unity Dynamics has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with Unity Dynamics. If there is any contradiction between the English language version of the Terms and a translation, the English language version shall take precedence.