Terms of Use

Last Modified: July 26, 2024

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE ARBITRATION PROVISION IN SECTION 20.

Emerging, Inc. dba UntitledDb Platform

Emerging, Inc. dba UntitledDb, offers a website and application platform to provide professional networking capabilities to art professional. UNTITLEDDB, EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES OR REPRESENTATIONS AND WARRANTIES ASSOCIATED WITH THE SERVICES OR PROPERTY AND ITEMS ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Emerging, Inc. dba UntitledDb, a Delaware corporation (“Company”, “we” or “us” “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Platform, including any content, functionality, services or subscriptions offered on or through Company’s website, or the Company may offer, including any applications (collectively, the “Platform”), whether as a guest or a registered user. This includes the use of the Platform, email notifications, checklists, invitations to connect with service providers, and any related applications or subscription services provided by us (collectively, the “Services”).

Please read the Terms of Use carefully before you start to use the Platform and/or any Services. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you acknowledge that you have read, understand, accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (the “Privacy Policy”) incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

2. Eligibility

This Platform is offered and available to users who are 18 years of age or older. If you are under 18 years of age, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Platform. If you are under 18, you represent and warrant that you have your parent’s or guardian’s permission to use this Platform. Please have them read these Terms of Use with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Platform, you are subject to these Terms of Use and responsible for your child’s activity on the Platform.

If you are using the Platform on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts these Terms of Use.

3. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion and without notice to you. All changes are effective immediately when we post them and that our posting of such changes constitutes notice to you of such revised Terms of Use, and shall apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access this Platform so you are aware of any changes, as they are binding on you.

4. Accessing the Platform, Account Security and Confidentiality

We reserve the right to withdraw or amend this Platform, and any service, feature or material we provide on the Platform, in our sole discretion without notice. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE PLATFORM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. If you intend to access the Services for your own benefit, you will have to set up an account and provide in your profile certain information such as, but not limited to, full name, email address, phone number, and location.

You are responsible for:

Making all arrangements necessary for you to have access to the Platform.
Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including but not limited to the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

To register for certain Services from the Platform, you may choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use without a refund of any fees paid to us.

We do not want to receive confidential or proprietary information from you through our Platform. Any information or material sent to us will be deemed not to be confidential. By sending us, or uploading to the Platform, Submission Areas, or your account, any information or material, you hereby grant us an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information in any manner we see fit. Personally-identifiable information that you submit to us will be handled in accordance with our Privacy Policy.

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account. COMPANY HAS NO CONTROL OVER THE USE OF ANY USER'S ACCOUNT BY THE USER OR THIRD PARTIES AND EXPRESSLY DISCLAIMS ANY LIABILITY DERIVED THEREFROM. NOTHING IN THIS SECTION SHALL AFFECT COMPANY’S RIGHTS TO LIMIT OR TERMINATE THE USE OF THE PLATFORM, AS PROVIDED HEREIN.

5. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, photographs, graphics, images, video, and audio content, computer code and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Platform for your personal or business use only. Unauthorized use and/or duplication of any content or information from the Platform without express and written permission from the Company and the applicable author or user is strictly prohibited. Text excerpts and links may be used, provided that full and clear credit is given to the author or user and to the Company with appropriate and specific direction to the original content. Please contact the Company at the email address noted on the last page of these Terms of Use to request permission to use original photos found on this Platform and associated social media platforms. A licensing fee applies for any commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately, without a refund of any fees paid to us, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. Trademarks

The Company name and logo and all related names, logos, trademarks, product and service names, designs, and slogans (collectively, the “Trademarks”) are exclusively owned by the Company or its affiliates or licensors. You must not use such Trademarks without the prior written permission of the Company, or present false or misleading impressions about Company or otherwise damage the goodwill associated with the Company name or trademarks. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

7. Prohibited Uses and Content

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. This section also applies to any interactive services available such as message boards, chat rooms, forums, bulletin boards and other interactive features on the Platform. You agree not to use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as solely determined by us, may harm the Company or users of the Platform or expose them to liability.
In any way that violates, or is not in accordance with, any guidelines or instructions posted by us for posting, tagging, or utilizing any other feature or Service on the Platform.

Additionally, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Platform, or otherwise attempt to interfere with the proper working of the Platform.
Use any APIs directly or indirectly for any personal or commercial use.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Post any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, contains pornographic material or is otherwise objectionable in our sole discretion.
Promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Post any content that is not your own or infringes or infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or third party.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to, or intentionally, deceive any person or user.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization, or, unless truthful, give the impression that any content you post to the Platform emanates from or are endorsed by Company or any other person or entity.
Post any content that involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising, without the express written consent of the Company.
Create more than one unique public profile or create a false or misleading identity.
“Stalk” or otherwise harass another user of the Platform.
Upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

8. Monitoring and Enforcement; Termination

Although we may take certain steps to examine the credentials of the content, service or personal property listed, we make no guarantees, warranties or representations regarding the such content, service or personal property or the quality of the job that they may perform for you if you elect to retain services or buy any personal property. We do not endorse or recommend the services or personal property of any particular user or vendor. We do not verify their representations about their services or personal property, nor validate any reviews. It is entirely up to you to evaluate any qualifications, and to enter into a direct contract or otherwise reach agreement with another user or vendor. We do not guarantee or warrant the performance of the services, or the outcome or quality of the services performed, or the personal property purchased. Users and vendors are not employees or agents of the Company, nor is the Company an agent of the users or vendors. Each user should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these requirements with the vendor or business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed or products being offered. We recommend you confirm these requirements before proceeding with your project. We always recommend that you ask the user or vendor to provide you with a copy of their license. BY USING THE COMPANY’S PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, YOU AGREE TO HOLD US FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES OR PROPERTY. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS AND VENDORS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE, WHETHER DIRECT OR INDIRECT, ARISING IN CONNECTION WITH ANY SERVICES, COMMUNITY PAGES, OR PROPERTY.

We have the right to:

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material or content before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. ACCORDINGLY, WE ASSUME NO LIABILITY FOR ANY ACTION OR INACTION REGARDING TRANSMISSIONS, COMMUNICATIONS, OR CONTENT PROVIDED BY ANY USER OR THIRD PARTY. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED HEREIN.

9. Copyright Infringement

If you believe that anything posted on the Platform violates your copyright, you may notify our designated copyright agent by email to support@untitleddb.com. It is the policy of the Company to terminate the user accounts of repeat infringers. You will be requested to provide evidence of the ownership of your copyright and identification of the copyright work claimed to have been infringed as well as other information reasonably requested by the copyright agent.

10. Reliance on Information Posted

The information and content presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this content or information. Any reliance you place on such content or information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH CONTENT OR MATERIALS BY YOU OR ANY OTHER VISITOR TO THE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS OR CONTENT PROVIDED BY ANY THIRD PARTIES.

11. Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

12. Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

13. Payments

Your use of the Platform may be subject to payment of certain transaction fees to us (“Paid Services”). The fees may include, but are not limited to: administrative fees, transaction fees, and any subscription fees. You agree to pay all applicable fees related to your use of the Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Use and you will be deemed to have agreed to the terms of such Paid Service if you are accessing the Paid Service.

We may suspend or terminate your account and/or access to the Platform and its Paid Services if your payment is late or invalid. Upon our request, you agree to provide a credit or debit card through the Services or Payment Processors (as defined below) to set up your offers. The terms of your payment may be determined by agreements between you and the financial institution, or credit card issuer. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account (as defined below) upon demand.

Payments may be processed by third-party payment processors (the “Payment Processors”) through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. Any available processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to these Terms of Use, and you agree, as a condition to making payments, to abide by the terms and conditions of such Payment Processors, as the same may be updated from time to time. Breach of the terms and conditions provided by such Payment Processors can lead to payments being withheld in addition to any other rights or remedies we may have at law or under these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processors. By choosing to use Paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the applicable Payment Processor, to charge your chosen payment method (“Payment Method”). We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

By agreeing to these Terms of Use herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using our Platform with Stripe, you agree to provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize us to pass on information provided by you to Stripe so that Stripe may use it to protect the integrity of your account. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY INFORMATION BE RELEASED TO ANY THIRD PARTIES, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS, IF APPLICABLE, OR ON YOUR STRIPE ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DAMAGE THAT MAY RESULT SHOULD ANY INFORMATION BE RELEASED TO ANY THIRD PARTIES, AND YOU AGREE TO HOLD US HARMLESS FOR ANY DAMAGES THAT MAY RESULT THEREFROM.

Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Your access to certain parts of our Services and Platform is based on a subscription model, billed periodically according to the chosen billing cycle. Upon selecting a Subscription, you'll be informed of all associated fees (the “Subscription Fees”) upfront. Subscription terms, including any additional features or add-ons, and their respective fees, will be detailed in Supplementary Terms provided at the point of purchase or feature activation. By subscribing, you agree to our billing practices, consenting to regular charges against your account as per the selected Billing Cycle.

By agreeing to these Terms, you authorize us to initiate electronic withdrawals from your designated checking or savings accounts at your identified financial institution for Subscription Fees or other authorized charges. This authorization will remain effective until Company receives written notice from you to terminate the authorization, allowing reasonable time for Company and your financial institution to act on your request.

Auto-Renewal: You agree that at the end of each billing cycle, your Subscription will automatically renew and your payment method for such subscription will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that billing cycle, under the same conditions as the prior billing cycle unless you cancel your subscription prior to your renewal date.

A valid payment method, including credit card and ACH transfer information, is required to process the payment for your Subscription. You must provide us with accurate and complete billing information including full name, address, state, zip code, valid payment method information, and, for ACH transfers, your banking institution's routing number and your account number. By submitting such payment information, you automatically authorize us to charge all Subscription Fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, we may attempt to charge the credit card or initiate an ACH transfer one or more times. Should payment continue to fail, the Subscription will be, at Company’s sole discretion, canceled or downgraded and you may lose access to certain paid features and Paid Services and/or and your account.

You may cancel your subscription either through your online account management page or by contacting our customer support team at support@untitleddb.com and indicating your intention to cancel your subscription.

Company, in its sole discretion and at any time, may modify the Subscription Fees for the subscriptions, including add-ons. Any Subscription Fee change will become effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.

Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.

PAYMENT OBLIGATIONS ARE NON-CANCELABLE, AND FEES PAID ARE NON-REFUNDABLE AND THERE ARE NO CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.

14. Online Purchases and Return Policy

All purchases through our Platform or other transactions for the sale of goods or services (collectively, the “Products”) through the Platform shall be governed by these Terms of Use. All Products must be paid in full through an approved credit card before they will be delivered or provided to you. If applicable, shipping or other delivery costs will be included in the costs and paid by you. The cost of all Products shall include local and state taxes, as applicable.

15. Links from the Platform

If the Platform may contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we do not endorse, sponsor, recommend or otherwise accept any responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Platforms linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such Platforms.

16. How to Unsubscribe

You can unsubscribe from receiving emails from us at any time. To do so please select the “unsubscribe” link in the applicable email or contact the Company at support@untitleddb.com. You can unsubscribe by following the instructions in the e-mail we send to you.

17. Third Party Advertising

Some of the information appearing on our Platform may be delivered to you by our advertising partners. Information about your visit to a partner site, such as number of times you have viewed an ad is used to serve ads to you. All other information shall be shared in accordance with our Privacy Policy.

18. Submission Areas

The Platform may contain blogs, pages, message boards, applications, opportunities to provide reviews, postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow users to communicate with other users and with Company (collectively, "Submission Areas"). Some areas in the Submission Areas within the Platform will be public and Company will not be responsible for any information or materials posted in such public areas. Company may, in its discretion, publicly post submissions you submit to a non-public area of the Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with these Terms of Use. "Your Information" is defined as any information and materials you provide to us or other users in connection with your registration for and use of the Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with these Terms of Use, and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Company may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Platform. WE RESERVE THE RIGHT TO REMOVE OR MODIFY POSTINGS FROM SUBMISSION AREAS IN OUR SOLE DISCRETION.

19. The App / Mobile Devices

Our Platform and mobile application (“App”) allows you to upload content to the Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

Company is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Company reserves the right to terminate the use of the App or any other aspect of the Platform should you be using the App or the Platform with an incompatible or unauthorized device.

20. Governing Law and Jurisdiction

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms of Use, the Privacy Policy, the Platform, the Products or Services or any other document or legal notice or agreement found on the Platform shall be finally resolved by arbitration conducted in the English language in New York, U.S.A. under the commercial arbitration rules of the American Arbitration Association. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AND YOUR RIGHT TO HAVE A COURT HEAR CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, AMONG OTHER WAIVERS OF RIGHTS SET FORTH HEREIN. Notwithstanding the foregoing, we shall be entitled to seek Equitable Relief in a court of law as set forth in these Terms of Use. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. In the event of any legal action (including arbitration) to enforce or interpret these Terms of Use, the non-prevailing party shall pay the reasonable attorneys’ fees and other reasonable costs and expenses (including expert witness fees) of the prevailing party.

21. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

22. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL COMPANY’S, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS’, EMPLOYEES’, AGENTS’, OFFICERS’, OR DIRECTORS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (US $100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY THE COMPANY, ITS AFFILIATES AND ANY OF RESTLESS’ AND ITS AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR ACCOUNT IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS OF USE OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF COMPANY INCLUDING THESE TERMS OF USE AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE APPLICATIONS THROUGH THE SERVICES; OR (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR PLATFORM.

BY USING THE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE PLATFORM.

23. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its and their affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your improper use of the Services; (ii) your violation of these Terms of Use or your use of the Platform, including, but not limited to any use of the Platform’s content, Services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform; (iii) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.

24. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.

25. Entire Agreement

The Terms of Use and the Privacy Policy, constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

26. No Partnership

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms of Use or your access to and use of the Services.

27. Your Comments and Concerns

This Platform is operated by Emerging, Inc., email: support@untitleddb.com

All notices of copyright infringement claims should be sent to the copyright agent set forth in Section 9.

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@untitleddb.com