Terms & Conditions

UNBOUNCE COMMUNITY TERMS OF USE

Last updated on April 11, 2022

These Unbounce Community Terms of Use (“Terms of Use”) apply to the access to or use of the Unbounce Community site by participants (“Users”), including all content and programs made available on such site (together with any Unbounce information, data, content and other materials, products and services available through such site, and any successor site(s), the “Unbounce Community” or “Community”). By accessing the Unbounce Community, you agree to these Terms of Use and the Community Guidelines, and all other policies or notices posted by us through the Community.

Any use of or access to the Community by anyone under the age of 16 is prohibited.

If you are accessing or using the Community to learn more about Unbounce’s products or services, you understand the Terms of Use do not apply to the provision or use of or access to Unbounce products or services, which are subject to our Terms of Service, Privacy Policy, Security and Acceptable Use Policy agreement. As used in these terms, "Unbounce," "we" and "us" refer to Unbounce Marketing Solutions Inc. and its affiliates ("Unbounce"). We may modify these Community Terms of Use from time to time and such changes shall be effective upon posting updated Terms of Use to the Community or any other applicable Unbounce website.

Additional terms may apply with respect to some particular programs provided through the Community (the “Program Terms”). Such Program Terms will be made available through the applicable Program. In the event of any conflict or inconsistency between the Terms of Use and the Program Terms, the Program Terms will control to the extent of such conflict or inconsistency, solely with respect to the applicable Program.

Governing Law

This Agreement shall be governed by and construed in accordance with the substantive laws of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to the conflict of law rules of British Columbia. The parties irrevocably submit to and accept generally and unconditionally the exclusive jurisdiction of the courts and appellate courts of British Columbia with respect to any legal action or proceeding which may be brought at any time relating in any way to this Agreement.

Waiver of Jury Trial and Class Action Rights

IN ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, A SUBSCRIPTION AND/OR THIS AGREEMENT, YOU HEREBY EXPRESSLY GIVE UP: (I) YOUR RIGHT TO A TRIAL BY JURY; AND (II) YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING, WITHOUT LIMITATION, CLASS ACTION LAWSUITS.

Dispute Resolution

In any dispute between you and Unbounce relating to this Agreement, the Site, or the Services, you agree that the dispute shall be governed exclusively by the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.

Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with this Agreement will be referred to and resolved by arbitration. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada, and the language of arbitration will be English.

Any claim, proceeding, or action that arises under this Agreement involving the ownership of intellectual property shall submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia. However, Unbounce may seek and obtain injunctive relief in any jurisdiction.

You agree that Unbounce may enforce this Agreement through injunctive relief and other equitable remedies, without proof of monetary damages.

You agree that you will not bring a claim under or relating to this Agreement more than twelve (12) months from when your claim first arose.

INFORMATION SUBMITTED TO OR THROUGH THE COMMUNITY

You represent and warrant that you will be responsible for,

1. The accuracy, completeness, quality and legality of any information you provide in connection with the Community, including Registration Information, the means by which you acquired such information, and your use of such information in connection with the Community.

2. Your first name, last name, profile picture, location and other information you provide in connection with the Community, including Registration Information, may be publicly displayed, including on any profile page or in connection with your activities.

3. Your Unbounce Community Account (defined below) may make available functionality enabling you to manage certain of your notifications and other preferences.

4. Unbounce may use or disclose your information, including

a. for internal business purposes, such as to improve Unbounce products and services by better understanding how Unbounce users interact with Programs; or

b. to create aggregated, non-personal data that does not identify you or any other individual, which Unbounce may use or disclose for any purpose.

RULES OF CONDUCT

The prohibited actions and prohibited materials set forth in the Unbounce Community Guidelines, as updated by Unbounce from time to time, currently available at Community Guidelines (the "Community Guidelines"), set forth prohibited actions and materials with respect to use of the Community. As set forth in Community Guidelines, you will not (and you will not allow your users or any third party to):

• Use the Community for any purpose that is fraudulent or otherwise tortious or unlawful.

• Harvest or collect information about Users.

• Interfere with or disrupt the operation of, or attempt to gain unauthorized access to, the Community or the servers or networks used to make the Community available, including by hacking or defacing any portion of the Community; or violate any requirement, procedure or policy of such servers or networks.

• Interfere with or disrupt the integrity of any information, data, content or other materials available in or through the Community.

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Community.

• Disassemble, reverse engineer, or decompile any portion of the Community or use the Community to determine whether there is infringement of a patent, except where such restriction is expressly prohibited by applicable law.

• Frame or mirror any portion of the Community, or otherwise incorporate any portion of the Community into any product or service.

• Systematically download and store any information, data, content or other materials available in or through the Community.

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any information, data, content or other materials available in or through the Community or reproduce or circumvent the navigational structure or presentation of the Community.

• Falsely state or imply that you are associated with Unbounce or another person or company.

• Access or use of the Community for any competitive purposes, including to build a competitive product or service, or any product or service using similar ideas, features, functions or graphics as the Community, or for purposes of benchmarking or otherwise monitoring the Community’s availability, performance or functionality.

• Remove or modify any Community markings or any notices, including any markings or notices of Unbounce or any other party’s proprietary rights.

• Use any portion of any Community for any purpose, including duplicating any portion of the Community, using any portion of the Community for your internal business operations, for production purposes or for any commercial purpose (including use in connection with any advertising or other commercial solicitation), or making available to any third party any portion of the Community.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other products or services needed to use or access the Community. In addition, please remember that you may be providing information, data, content or other materials to a diverse and international audience. Things that do not seem abusive, obscene, offensive or otherwise objectionable may seem so to others. You will treat other users of the Community with courtesy and respect.

You are responsible for complying with any policies set by your employer organization (“Organization”), including any policies governing statements made on behalf of the Organization. Without limiting any other remedy under applicable law, if you fail to comply with these Terms of Use, Unbounce may take any action in response, including warning you and/or your Organization of such failures, and banning you from the Community.

REGISTRATION: USERNAMES AND PASSWORDS

Unbounce Community Account. You need to register to use or access all or part of the Community and create a user account (the “Unbounce Community Account”.) Unbounce may reject, or require that you change any login credentials or other information that you provide in registering and creating a Unbounce Community Account (collectively, the “Registration Information”). Your login credentials are for your personal use only and should be kept confidential. You, and not Unbounce, are responsible for any use or misuse of your login credentials and all activities occurring from any Unbounce Community Account that you have. You must use reasonable efforts to maintain the confidentiality of and prevent unauthorized use of, and you must promptly notify Unbounce of any confidentiality breach or unauthorized use of, your login credentials or your Unbounce Community Account. Unbounce considers any Unbounce Community Account with the same email address, phone number or other unique identifier, as verified by Unbounce in accordance with its procedures, to belong to the same User.

SUBMISSIONS

You and other Users may have the ability to make certain information, data, content or other materials, including testimonials, reviews, posts, comments and other user-generated content, pictures and documents available through or in connection with the Community (each, a “Submission”), including on profile pages or on the Community’s interactive products or services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions reflect only the opinions of the user who made available the Submission and not the opinions of Unbounce, regardless of whether the User is affiliated with Unbounce or not. Any Submissions made available through any message board or forum in response to posted questions, or that otherwise purports to answer any questions, including any questions about Unbounce, its services or products, or the Community, are made available for your general knowledge only and should never be relied upon as answers to your specific questions (even if an answer is marked as a “best” answer or with any similar qualifications). You should always contact the Unbounce Community Manager for answers to your specific questions about Unbounce’ services or products at community@unbounce.com.

Unbounce has no control over Submissions and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. YOU MUST NOT MAKE ANY PERSONAL INFORMATION (INCLUDING YOUR PERSONAL INFORMATION AND PERSONAL INFORMATION OF ANY OTHER PERSON) PUBLICLY AVAILABLE THROUGH THE COMMUNITY (EXCEPT, FOR CLARITY, YOUR PERSONAL INFORMATION THAT YOU MAKE AVAILABLE IN REGISTRATION INFORMATION FIELDS PROVIDED BY Unbounce THAT REQUEST SUCH PERSONAL INFORMATION). WITHOUT LIMITING THE FOREGOING, YOU ARE RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT YOU DO MAKE AVAILABLE THROUGH THE COMMUNITY, AND, IF YOU MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE COMMUNITY, YOU DO SO AT YOUR OWN RISK.

LICENSES

Submissions. Except as otherwise set forth in these Terms of Use, You retain ownership of your Submissions, and for each such Submission, you hereby grant to Unbounce, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including marketing or promotional purposes, such as testimonials).

Feedback. If you provide or otherwise make available to Unbounce any suggestions, enhancement requests, recommendations, corrections or other feedback (“Feedback”), whether related to the Community or otherwise, then the terms applicable to Submissions will also apply to such Feedback, and you hereby

acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Unbounce under any fiduciary or other obligation.

Necessary Rights; Waiver. You represent and warrant that you have all rights necessary to grant the licenses granted in these Terms of Use, including in this Section, and that your Submissions are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. To the maximum extent permitted under applicable law, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

CONTENT AND USAGE DATA

Unbounce may monitor, evaluate, alter or remove any Submissions. In addition, Unbounce may track or analyze your access to or use of the Community, and the circumstances surrounding such access and use, for any reason or purpose (including for diagnostic or marketing purposes).

PROPRIETARY RIGHTS

Unbounce owns and reserves all rights, title and interests in and to the Community, which are protected by proprietary rights and laws, including all related intellectual property rights. None of the Community or Third Party Materials (as defined below) is sold to you.

Trademarks. You may not use any trade name, trademark, service mark or logo, the Unbounce logo, any other trademarked names, characters, events, or words of Unbounce or Unbounce Affiliated Party in any manner without Unbounce’ express prior written permission. All trade names, trademarks, service marks and logos in or available through the Community that are not owned by Unbounce or a Unbounce Affiliated Party are the property of their respective owners. Nothing in these Terms of Use and nothing in or available through the Community should be construed as granting any right to use any trade name, trademark, service mark or logo without the express prior written consent of its owner. You will not bid on or purchase any keyword that is Unbounce trademark, service mark or logo in any keyword advertising service (such as Google AdWords).

Reservation of Rights. Except as expressly set forth otherwise in these Terms of Use, nothing in these Terms of Use, and nothing in or available through the Community, should be construed as granting, directly or by implication, estoppel or otherwise, any right or license with respect to any proprietary right (including any intellectual property right) of Unbounce or any Unbounce Affiliated Party, and Unbounce and the Unbounce Affiliated Parties retain all right, title and interest in and to their proprietary rights.

PROMOTIONS

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) available in or through the Unbounce Community (if available) may be governed by rules that are separate from the Terms of Use. If you participate in any Promotions, please review the applicable rules. To the extent of any conflict or inconsistency between the Terms of Use and any Promotion rules, the Promotion rules will control.

DISCLAIMER OF WARRANTIES AND CONDITIONS

Unbounce MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND Unbounce SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE COMMUNITY MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR THE BENEFIT OF Unbounce AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS (COLLECTIVELY, “Unbounce AFFILIATED PARTIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While Unbounce tries to maintain the timeliness, integrity and security of the Community, it does not guarantee that the Community is or will remain updated, complete, correct or secure, or that access to the Communities will be uninterrupted.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF Unbounce, TOGETHER WITH ALL Unbounce AFFILIATED PARTIES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE FOR THE COMMUNITY, EXCEED TEN U.S. DOLLARS ($10.00). THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL Unbounce OR ANY Unbounce AFFILIATED PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF Unbounce OR Unbounce AFFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) Unbounce WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM Unbounce OPERATION OR PROVISION OF, OR YOUR USE OF OR INABILITY TO USE, THE COMMUNITY OR ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, SPYWARE OR OTHER SIMILAR COMPUTER CODE, FILE OR PROGRAM THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE COMMUNITY OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE COMMUNITY OR THIRD PARTY MATERIALS.

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH Unbounce AND EACH Unbounce AFFILIATED PARTY, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

INDEMNITY

To the maximum extent permitted under applicable law, you will defend Unbounce and each Unbounce Affiliated Party, and/or their suppliers, its and their respective successors and assigns (each, a “Unbounce Party”), against any claim, demand, suit or proceeding made or brought against any Unbounce Party by a third party arising out of or relating to: (a) your use of, or activities in connection with, the Community (including all Submissions), (b) any violation or alleged violation of the Terms of Use by you; and/or © your violation of any law or the rights of a third party (each, a “Claim”); and you will indemnify such Unbounce Party from any damages, attorney fees and costs finally awarded against such Unbounce Party as a result of, or for any amounts paid by such Unbounce Party under a settlement approved by you in writing of, a Claim, provided the applicable Unbounce Party (i) promptly gives you written notice of the Claim, (ii) gives you sole control of the defense and settlement of the Claim (except that you may not settle any Claim unless it unconditionally releases each applicable Unbounce Party of all liability), and (iii) gives you reasonable assistance, at your expense.

TERM: TERMINATION

Unbounce may terminate or suspend your use of the Community at any time and without prior notice, including for abusive or disrespectful conduct in the Community or towards other Users of the Community. Immediately upon any such termination or suspension, your right to use the Community will permanently or temporarily cease (as applicable), and Unbounce may deactivate or delete your login credentials and account, and all associated information, data, content or other materials, without any obligation to provide further access to those materials. To request that we delete your Unbounce Community Account, please contact the Unbounce Community Team at community@unbounce.com. Please note that deleting your Unbounce Community Account may not result in the deletion of all information related to your Unbounce Community Account. If Unbounce terminates the Community, then all Terms of Use and your rights with respect to the Community will automatically terminate.

GENERAL

These Terms of Use and all matters arising out of or relating to the Terms of Use shall be governed by the laws of British Columbia, without regard to its conflict of law provisions. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Each party agrees to comply with all applicable laws of Vancouver, BC including U.S. export laws, and regulations with respect to its activities hereunder.

Unbounce reserves the right to,

(1) discontinue, impose limits on, or restrict access to any aspect of the Community at any time, with or without cause or notice, including the availability of any of the features, delivery services, databases, or content, or

(2) edit or delete any documents, information, or other content appearing in the Community.

Nothing in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Community or information provided to or gathered by Unbounce with respect to your use of the Community.

Cookies

A cookie is a small piece of information that is stored on your computer as a file. Cookies enable us to recognize your computer on a subsequent visit. Cookies do not store personal information. We need your permission to use cookies.

How We Use Cookies

Information we obtain from cookies are used to analyze our community. We use this data to adjust the community to your personal preferences. Finally, when sending information about our products and services, we can take your previous interest for certain pages into account.

Cookie Settings

You choose which cookies you want to allow. If you have an account you can adjust your choice in your profile settings. If you do not have an account, you can change your cookie settings by deleting them via the internet options of your browser and visiting the community again. You will then be asked to choose your settings again. There are 3 settings: Basic, Normal and Complete.

• Basic: Functional
• Normal: Functional + analytics
• Complete: Functional + analytics + social media + embedded videos

Refuse Cookies

Don't you want to use cookies at all? Visit the help pages of your browser to turn off or reject cookies. Be aware, it is possible that not everything works or is displayed correctly when refusing cookies.