Unity Connect Additional Terms
Last Updated: December 7, 2017
These Additional Terms (“Connect Terms”) govern your participation in the Unity Connect service offered via the Site (“Connect Platform”), and constitute a binding legal agreement between you and Unity. These Connect Terms supplement and incorporate the Unity Terms of Service.
By accessing, using, or participating in the Connect Platform, or accessing any materials or things made available to you via the Connect Platform, you agree that you understand these Connect Terms and accept all terms and conditions of these Connect Terms. If you do not or cannot accept these Connect Terms, you may not participate in the Connect Platform. Certain defined terms may be found in Section 10 of these Connect Terms.
1. The Connect Platform
The Connect Platform is a community tool that permits Participants to showcase their work, post jobs, offer services/work to other Participants and message with each other.
2. Eligibility, Registration, & Connect Platform Account
2.1 In order to use the Connect Platform, you must at all times meet the Eligibility Requirements. To interact with the Connect Platform as a Participant, including creating and maintaining a Profile or Postings, you must register for the Connect Platform.
2.2 Terms and conditions applicable to your Unity Account will apply equally to information provided on registration for a Connect Platform account, and to that account.
2.3 On registering for a Connect Platform account and from time-to-time thereafter, we may (but are under no obligation to do so) take steps, directly or through third parties, to verify your identity as permitted by applicable law, including against government sources and third-party databases. Upon request, you will provide us further information concerning your Profile to verify your identity. PLEASE NOTE: any exercise of our rights under this clause does not and will not affect disclaimers under Section 3.2 or anywhere else in these Connect Terms.
2.4 You can’t maintain more than one (1) Participant account at any time.
2.5 Subject to termination and other terms and conditions of these Connect Terms, (a) you may access and make changes to your Profile and Postings as permitted via your Connect Platform account; and (b) your Profile and Postings will expire as indicated in your Connect Platform (if applicable).
2.6 Unity may offer various account/service plans with different features and prices. Where available, you can find the details of the plans on the current Connect Platform page(s) on the Site, including any functionality, restrictions, and/or other distinguishable features of the plans. You should review and be aware of these plans and their details when selecting the best Connect Platform account/service plan for you. In this connection, please note that no matter the plan only Talent Accounts are permitted to apply to Postings offering work.
3. Our Role
3.1 The Connect Platform acts solely as a conduit to allow Participants to find each other so that each may decide, on its own, that there is a good match. We don’t introduce, endorse, or recommend anyone to anybody. Further, we are not a party to any agreements, transactions, contracts, or dealings between any Participants, whether via the Connect Platform or otherwise, including any Contract or Communications.
3.2 We don’t vet, verify, control, supervise, direct, or in any way check any Participant, any work or services a Participant may perform or not perform, or the locations or conditions of any such work or services. Similarly, we do not and will not take any responsibility for or make any representations, warranties, or guarantees of any kind about any Profile, Posting, Project License, Ratings Information, Feedback, Communications, or the ability of any Participant to carry out any service, work, activity, payment, or any other thing.
3.3 You alone will be responsible for any obligations you may have to other Participants under any Contract or otherwise, as well as for ensuring any compliance by any Participant of any obligations such Participant may have to you. You will also be solely liable for any User Disputes in which you may become involved, whether as a party to that dispute or otherwise. We will have no responsibility or liability for any User Dispute, nor any obligation to attempt to mediate or resolve any User Dispute.
3.4 The legal relationship between any Participants is that of an independent contractor, and nothing in these Connect Terms will create any partnership, joint venture, franchise, agency, or employment relationship between Participants. Further, these Connect Terms shall not create, and shall in no way be construed as creating, any joint venture, franchise, partnership, agency, or employer-employee relationship between any Participant and Unity.
4. Your Conduct & Licenses
4.1 Except as expressly otherwise provided for in these Connect Terms, the Unity Terms of Service will apply to the Connect Platform and your use of the Connect Platform.
4.2 You can’t promote or advertise any business, products, or services that are unrelated to a Posting. We will be the judge of what is related and what is not, but, for example, while a listing of a work portfolio on the Connect Platform would be fine, a listing of a link to an online store would not be permitted. At the same time, you understand that we may display and carry, or permit to be displayed or carried, on the Connect Platform any promotions and advertisements as we may see fit, and that you will have no claim against us or any of our affiliates or licensors for such promotions or advertisements.
4.3 This Section explains what licenses govern Connect Content.
4.3.1 Subject to your rights under a Project License and Section 7.2, Unity grants you a limited, non-exclusive, non-transferable, royalty-free license, without the right to sublicense, to access, view, download, and print any Connect Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Connect Platform, Connect Content, or User Connect Content, except as expressly permitted in these Connect Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Unity or its licensors, except for the licenses and rights expressly granted in or pursuant to these Connect Terms.
4.3.2 Your rights and licenses to Connect Content under a Project License will be governed by that Project License, to the extent that Project License does not conflict with these Connect Terms.
4.3.3 All Materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the User Connect Content originated. You hereby grant to Unity a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit Your Connect Content only on, through, or by means of the Site, in Unity's social media channels, and Unity-hosted events. Unity does not claim any ownership rights in Your Connect Content.
4.3.4 In electing to have Your Connect Content posted to the Connect Platform, you represent and warrant as follows:
(a) Your Connect Content and your use of the Connect Platform will comply with all applicable laws, rules, and regulations;
(b) you own or control all rights in Your Connect Content or otherwise have all rights and licenses as necessary to grant the rights and licenses you grant to Unity pursuant to these Connect Terms and to users of the Connect Platform under any of your Project Licenses;
(c) Your Connect Content does not include any offensive, defamatory, pornographic hateful, abusive, or otherwise objectionable materials;
(d) you are solely responsible for the quality and accuracy of Your Connect Content;
(e) Your Connect Content does not infringe or misappropriate the intellectual property or proprietary rights of any person or entity; and
(f) Your Connect Content not contain any viruses, malware, spyware, malicious code, or other destructive content that could have an adverse impact on any software, data, computer systems, networks, hardware, or and devices. You acknowledge and agree that you are solely responsible for all of Your Connect Content and that your identity may be associated with Your Connect Content.
4.3.5 You may grant to any user of the Connect Platform a Project License to Your Connect Content via the Connect Platform, to the extent that option is made available to you at the Connect Platform. You understand and agree that neither Unity nor any Unity affiliate is a party to any Project License.
5. Privacy & Communications
5.2 We will have the right to read all correspondence, and access and analyze all files and data, uploaded to, or posted on, the Connect Platform to investigate possible fraud, to verify your compliance with these Connect Terms, and otherwise to perform risk management in connection with the Connect Platform and your use of it.
5.3 In addition to User Connect Content, all information in your Profile and Postings will be available to the public, which means that anyone can see them and share them. Do not insert any information in the Profile or Postings that you do not want to be public. The Connect Platform will also cause all of your Unity Badges to be associated with your Profile, and therefore also public.
5.4 Communications between Participants via the Connect Platform permit the sending and receiving of data as attachments (e.g., resumes, portfolios, etc.), as well and direct text and voice data (all, collectively, “Exchange Data”). We can’t control and take no responsibility for what the intended recipient may do with those communications and/or materials—you should check the intended recipient’s policies in this regard.
5.6 For any Participant, unless you have otherwise requested us not to do so in writing and we have agreed, in writing, not to do so, we will have the right to display your business or corporate name, trademark, logo, and/or image both on the Connect Platform and in other marketing/promotional materials concerning the Connect Platform attesting to your participation in the Connect Platform.
5.7 Unity will have the right (but not the obligation) to provide information on the Connect Platform about Participants that we receive from Participants, including feedback, reviews, ratings, scores, location, identity, or credentials data (“Ratings Information”). Ratings Information in based on information voluntarily submitted to us by Participants—it does not and will not constitute, or be construed as, any endorsement, recommendation, or introduction by us whatsoever.
5.8 You are not obligated to provide Unity with comments, reviews, ratings, or suggestions concerning the Connect Platform or your participation in the Connect Platform. However, should you provide us or any of our affiliates with any such comments, reviews, ratings, suggestions, or any data or content about same (collectively, “Feedback”) then you irrevocably assign to us all right, title, and interest in and to the Feedback and grant us a non exclusive, irrevocable, worldwide, royalty free, transferable, fully paid up license in and to any and all intellectual property rights (which shall be understood to mean including patents, copyrights, moral rights, trademarks, trade secrets, privacy rights, and publicity rights) in the Feedback, including the right to sublicense to Unity licensees and customers (with the right to grant further sublicenses), the right to use and disclose such Feedback in any manner Unity may choose, to make derivative works of the Feedback for any purpose, and to display, perform, copy, have copies, make, have made, use, sell, offer to sell, export and otherwise distribute or dispose of products embodying the Feedback, and use and publish your name in the form of a credit in conjunction with the Feedback, but without any obligation to do so. In this connection, you represent and warrant that (a) the Feedback is your original work, or you obtained it in a lawful manner; and (b) our and our sublicensees’ use and exercise of rights pursuant to this paragraph will not infringe or violate any rights of any third party, including any intellectual property rights (which shall be understood to mean including patents, copyrights, moral rights, trademarks, trade secrets, privacy rights, and publicity rights). Further, you will furnish us with such assistance as we may require to perfect, maintain, or evidence our rights in and to the Feedback.
5.9 You understand and agree that, in addition to rights available to Unity hereunder, Participants have the ability, at such Participant’s discretion, to cause the deletion of user comments posted to Participant areas of the Connect Platform.
6. Description of Relationship; Confidentiality
You may not misrepresent or embellish the relationship between you and Unity, nor express, suggest, or imply that we endorse you or your business or any other cause, concern, or organization, nor express, suggest, or imply that there is any affiliation or relationship of any kind between us. Further, to the extent Unity or its affiliates provides you with any non-public information in connection with the Connect Platform, then, in addition to any other agreements you may have with Unity or its affiliates with respect to confidentiality, you will keep such information strictly confidential, not disclose it to any third party, and not use is for any purpose other than permitted participation in the Connect Platform in accordance with these Connect Terms.
7. Term and Termination
7.1 We may terminate the Connect Platform or your use of, or participation in, the Connect Platform at any time and for any reason (including for your violation of these Connect Terms) or no reason at our sole discretion, without any prior notice to you. Further, your permission to use or participate in the Connect Platform will automatically terminate immediately upon any failure by you to comply with these Connect Terms. You may terminate your participation in the Connect Platform at any time by providing us with written notice of termination.
7.2 All licenses and rights granted to you by Unity under these Connect Terms automatically and immediately terminate upon any termination under Section 7.1.
7.3 Termination pursuant to this Section will not relieve a party of any liability accruing prior to termination. Further, Sections 3.2, 3.3, 3.4, 4.2, 4.3, 5.1, 5.5-5.9, and 6-10 will survive any termination.
7.4 On termination, your Connect Platform account will be terminated, and may be deleted by us. Upon any deletion or termination of your Connect Platform account, your account will no longer be accessible by you. UPON ANY DELETION HEREUNDER, ANY CONTENT, MATERIALS, DATA OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE CONNECT PLATFORM OR THAT WHICH IS RELATED TO YOUR CONNECT PLATFORM ACCOUNT MAY NO LONGER BE ACCESSED BY YOU.
8. Expenses; Services Requirements
8.1 You understand and agree that you will be entirely responsible for your use of, or participation in, the Connect Platform and all costs and expenses incurred in connection with your use of, or participation in, the Connect Platform.
8.2 You further understand and agree that it is a condition of providing Services via the Connect Platform that you provide (a) timely and accurate information; and (b) any connection to or integration with third-party platforms, systems, or applications used by you necessary for providing those Services. In this connection, you confirm that Unity's disclaimer of liability under the Unity Terms of Service (and so under these Connect Terms as well) extends to any use of such third-party platforms, systems, or applications.
9. Independent Contractors
You and Unity are independent contractor and nothing in these Connect Terms will be construed as establishing an employment or agency relationship between you and us or any of our affiliates. You have no authority to bind us by contract or otherwise, and you will not hold yourself out, expressly or impliedly, as having such authority. If you assist, encourage, authorize, or facilitate another person or entity to take any action in connection with the Connect Platform or these Connect Terms, that will be deemed and understood as an action taken by you alone.
“Communications” means communications between any Participants, including via the Connect Platform.
“Connect Content” means text, graphics, images, music, audio, video, information, or other materials (“Materials”) available through the Connect Platform.
“Contract” means any (a) agreement, arrangement, or contract entered into between any Participants; and (b) offer of any kind by any Participant(s) to another Participant(s), including any of the foregoing made or occurring via the Connect Platform.
“Eligibility Criteria” means the following:
(a) you, as an individual or as representative of your legal entity, being an individual of at least 18 years of age or whatever is the age of legal majority where you access this site;
(b) having a Unity Account;
(c) not being a citizen or resident of a country subject to any United States embargo;
(d) not otherwise prevented from participating under applicable law; and
(e) such other criteria as Unity may determine in its sole discretion from time to time by separate notice to you.
"Job Wrapping" means the following on a Participant's behalf as part of Services offered via the Connect Platform:
(a) job scraping from listing material provided by the Participant; and
(b) Posting(s) offering work using data gained from the job scraping.
“Participant” means a persons who registers with the Connect Platform.
“Posting” means either a posting of (a) work offered by any Participant via the Connect Platform; or (b) services offered by any Participant via the Connect Platform.
“Profile” means the information you provide to your Connect Platform account concerning yourself (including, as applicable, about your business, your skills, or the services you provide), but does not include your Unity Badges.
“Project License” means the terms of any agreement between you and any user of the Connect Platform concerning such user’s right(s) to use Your Connect Content.
“Talent Account” means an account with the Connect Platform to which only individuals are entitled to register.
“Unity Badges” means any certification, achievement, designation, evaluation, rank, classification, honor, or the like that Unity or its affiliates has given to, or made in respect of, a Participant who voluntarily sought that.
“User Connect Content” means Materials that users post, upload, publish, submit, transmit or otherwise make available through the Connect Platform. For clarity, User Connect Content includes Materials that you post, upload, publish, submit, transmit or otherwise make available through the Connect Platform and Materials used in Job Wrapping (“Your Connect Content”), but does not include (a) any intellectual property of Unity or its affiliates; or (b) Feedback.
“User Dispute” means any dispute of any kind between (a) Participants, including any dispute concerning any Contract or performance under any Contract; or (b) parties to any Project License.