TERMS OF USE

  1. Preliminary

By accessing and using the online tool on the website unutik.com (hereinafter referred to as: “Application”) you expressly acknowledge that you have carefully read, understood and accepted the Terms of Use that we, the company behind unutik.com, hereby set out for the use of the Application.  

  1. Access to the Application

By accessing and using the Application, you confirm and guarantee that you are at least eighteen (18) years old. If the user is under eighteen (18) years of age, the person accepting these conditions is a parent, guardian or other adult party giving the user permission to use the Application. The parent, guardian or permitting adult of a user under eighteen (18) years old, expressly agrees toe be bound by these terms and takes responsibility for the minor’s activities while using the Application.

  1. Use of content

By accessing and using the Application, you understand and agree that you will encounter digital content from various external sources (e.g. online platforms) (hereinafter referred to as “Third Party Content”).  

You acknowledge that we only provide access to the Application and that we do not host or store any content ourselves. You acknowledge that all content you access, download, modify, make available, etc. by using the Application is beyond our knowledge and control resulting in the fact that you are entirely and solely responsible for any and all content you access, download, transmit, process etc. via the Application (including but not limited to video files, sound files, photographs, etc.) and for any and all consequences. You are solely responsible for how you use the content and any outcomes resulting from this use. Therefore, you acknowledge that we shall not be liable for any and all liability arising from the use of Third Party Content.

You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Application for inappropriate conduct or content as this is beyond our ability, knowledge and control. Therefore, you recognise that you may be exposed to Third Party Content that is offensive, inaccurate, indecent or otherwise objectionable or may be harmful to your computer systems, which is at your own risk. We can therefore not be responsible for any errors or omissions in the content nor for any losses, injuries or damages arising from this use.

We do not claim ownership and control over Third Party Content. The respective third parties retain all rights to their content and are responsible for protecting those rights, if any. To that respect, we are equally not liable for any violations of third party rights – including intellectual property rights - that are claimed in relation to Third Party Content accessed by using the Application.

In case we are held accountable for breach of intellectual property rights, personality rights or the like as a result of the content you used in relation to the Application, you undertake to hold us harmless against any and all of such claims.

You are solely responsible for ensuring that the use of the Application and the use of the content complies with all applicable laws, regulations and policies. We cannot be held responsible for any illegal or unethical use of the Application or use of the content. 

  1. User conduct

You agree not to link, post or otherwise make available through the Application any material that contains software viruses or any computer code, file or program intended to destroy, interrupt, monitor or limit the functionality of any computer software, hardware or telecommunications equipment.

We reserve the right to take appropriate action against any user for unlawful use of the Application.

  1. Availability and accuracy of the Application

We shall use all reasonable endeavours to ensure the accuracy and relevance of the Application but we make no guarantees or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the Application. In no event we can be held liable for any damages arising out of your access to use or inability to use the Application or the content.

  1. Processing of personal data

To the extent that content processed by accessing the Application contains personal data, you declare that you will act solely as “data controller” in view of article 4, 7) of the General Data Protection Regulation (Regulation (EU) 2016/679) (hereinafter referred to as: “GDPR”) and that you will be solely responsible to comply all provisions of the GDPR.

  1. Modifications

We reserve the right to modify, suspend or discontinue any aspect of the Application at any time without prior notice. You acknowledge that you cannot impose any claims related to modifications to the Application.   

We also reserve the right to update these Terms of Use at our sole discretion. In that event, you will be notified and requested to read the update carefully and to expressly accept the updated version of the Terms of Use. 

 

PROHIBITED ACTIVITIES

As a user of the Services, you agree not to:

  1. Circumvent, disable, or otherwise interfere with security-related features of the Services.
  2. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  3. Use the Services in a manner inconsistent with any applicable laws or regulations.
  4. Engage in unauthorized framing of or linking to the Services.
  5. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  6. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  7. Delete the copyright or other proprietary rights notice from any Content.
  8. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
  9. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  10. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  11. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  12. Copy or adapt the Services' software, including but not limited to HTML, CSS, JavaScript, or other code.
  13. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  14. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  15. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  16. Download any content for which you do not have consent from the content owner.