Terms of Service
The Gist
Unstack Software LLC ("Unstack", "we", "us", or "our") operates unstack.io (the "Site"), a blog and content site. We hope you ("You" or "Your") enjoy reading it. Please use the Site responsibly. If you post comments or other content, keep it lawful and respectful. We may remove content or restrict access if you don't.
The articles, posts, and other materials on the Site are for general information and entertainment. They are not professional advice. Your use of the Site is at your own risk.
These Terms of Use (the "Terms"), the Site, and our practices may change from time to time. We will try to warn you about material changes, but we make no guarantees.
That's the basic idea, but You must read through the entire document below and agree with all the details before You use the Site.
Your Agreement with Unstack
Your use of the Site is governed by these Terms. The "Service" means the Site at https://unstack.io/ and its subdomains, including all pages, articles, posts, media, and any features we make available in connection with the Site (such as comments, sharing controls, newsletters, search, or other interactive elements).
By accessing or using the Service, You agree to these Terms. If You do not agree, do not use the Service.
Unstack may change the Terms from time to time. If we make material changes, we may post the updated Terms on the Site and update the effective date. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If You do not agree to the changes, stop using the Service.
If you have any questions about the Terms, please contact us at support@unstack.io.
Who May Use the Site
- You may not use the Service if You are barred from receiving services under the laws of the United States or other applicable countries, including the country in which You are resident or from which You use the Service.
- You must be at least 13 years old to use the Service. If You are under 18, You represent that You have your parent or guardian's permission to use the Service.
- If You create an account or submit content that requires registration, You must provide accurate information and You must be a human. Accounts or submissions created by automated methods are not permitted except where we explicitly allow them.
Use of the Site
- Your use of the Service must comply with all applicable laws, regulations, and ordinances.
- You agree not to engage in any activity that interferes with or disrupts the Service, including attempting to overload, scrape, or probe our systems without permission.
- You may not use the Service to transmit malware, spam, or unsolicited communications.
- You may not attempt to gain unauthorized access to any part of the Service, other users' accounts, or our systems or networks.
- We may limit or suspend access to the Service, or remove content, at our sole discretion, with or without notice.
Comments and User Content
The Service may allow You to post comments, feedback, or other material ("User Content"). You retain ownership of Your User Content, but by submitting it You grant Unstack a worldwide, non-exclusive, royalty-free, perpetual license to use, host, store, reproduce, modify, publish, display, and distribute Your User Content solely as needed to operate, promote, and improve the Service.
You represent and warrant that:
- You own or have the necessary rights to submit Your User Content;
- Your User Content does not violate these Terms or any applicable law; and
- Your User Content does not infringe the intellectual property, privacy, or other rights of any third party.
You agree not to submit User Content that is unlawful, defamatory, harassing, hateful, obscene, fraudulent, misleading, or that promotes illegal activity or violence. We do not pre-screen User Content and are not responsible for it. We may remove or refuse any User Content at any time, for any reason or no reason.
Interactive Features, Links, and Sharing
The Service may include links to third-party websites, embedded content, social sharing buttons, comment systems, newsletters, or other interactive features. These features may be operated by us or by third parties. Your use of third-party features may be subject to those parties' terms and privacy policies.
When You use sharing or embed features, You understand that content may be visible on third-party platforms according to those platforms' settings and policies. We are not responsible for how third parties handle information You choose to share.
Privacy and Analytics
The Service is subject to our Privacy Policy, available at https://unstack.io/privacy (the "Privacy Policy"), which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, and share information, including through cookies and typical website analytics.
By using the Service, You agree to our collection and use of information as described in the Privacy Policy. Where required by law, we will seek Your consent for certain uses of cookies or similar technologies.
Ideas and Feedback
You may choose to, or we may invite You to, submit comments or ideas about the Service or our content ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction, that it will not place Unstack under any fiduciary or other obligation, and that we are free to use the Idea without additional compensation to You, including on a non-confidential basis.
Modification of the Site
- You acknowledge that the Service may change from time to time without prior notice, including the addition or removal of features, content, or design.
- Unstack shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Service or any part of it.
External Resources
The Service may include hyperlinks to other websites, content, resources, or email content. Unstack is not responsible for the availability, accuracy, or practices of any external sites or resources and does not endorse advertising, products, or other materials on or available from them.
License from Unstack and Restrictions
All content available on or through the Service, including without limitation text, photographs, graphics, logos, trade and service marks, and audiovisual content, is owned or controlled by Unstack, its licensors, or other rights holders and is protected by copyright, trademark, and other laws. You acknowledge that the Service and any underlying technology contain our proprietary information.
Subject to Your compliance with these Terms, we grant You a personal, worldwide, royalty-free, non-assignable, non-exclusive license to access and use the Service for Your personal, non-commercial use (unless we expressly permit otherwise in writing).
You may not (and may not permit anyone else to):
- copy, modify, distribute, publicly display, or create derivative works from our content except as permitted by law or with our prior written permission;
- remove any copyright, trademark, or other proprietary notices;
- use any robot, spider, scraper, or other automated means to access or index the Service in a manner that burdens our systems or violates these Terms, except for standard search-engine indexing where allowed by our robots rules;
- reformat or frame any portion of the Site;
- use the Service for commercial purposes not permitted under these Terms;
- impersonate Unstack, any of our employees or representatives, or any other person or entity; or
- collect or store personal data about other users except as permitted by these Terms and applicable law.
Our Copyright Dispute Policy
Unstack respects the intellectual property of others and expects users to do the same. If You believe that material on the Service infringes Your copyright, please send a notice containing the following to our Designated Copyright Agent:
- identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate it (providing the URL(s) satisfies this requirement);
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and email address;
- a statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the information in Your notification is accurate and that You are the copyright owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature.
Our Designated Copyright Agent can be reached at: Unstack Software LLC, Attn: Copyright Agent, legal@unstack.io.
Links to Other Websites
The Service may contain links to other websites ("Third Party Sites"). Unstack does not endorse, verify, or assume responsibility for Third Party Sites or any products, services, or content on them. If You follow a link to a Third Party Site, You do so at Your own risk and may be subject to that site's terms and policies. You should review the privacy and other policies of any Third Party Site You visit. Concerns regarding a Third Party Site should be directed to that site.
Disclaimer of Warranties
IF YOU ACCESS THE SERVICE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SERVICE "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE OR ANY CONTENT ON IT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES, INCLUDING STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT CONTENT WILL BE ACCURATE, COMPLETE, OR CURRENT. CONTENT ON THE SITE REFLECTS THE AUTHORS' VIEWS AT THE TIME OF PUBLICATION AND MAY NOT BE SUITABLE FOR EVERY PURPOSE. NOTHING ON THE SITE IS LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
Limitations on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR ANY THIRD PARTY CLAIMING THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR PERSONAL INJURY, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE.
Indemnification
You agree to hold harmless and indemnify Unstack Software LLC and its affiliates, officers, agents, employees, and partners from and against any third-party claim arising from or related to (a) Your breach of these Terms, (b) Your User Content, or (c) Your use of the Service or violation of applicable law, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees. In such a case, Unstack will provide You with written notice of the claim where reasonably practicable.
Choice of Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to conflict-of-law principles, as applied to contracts made and performed entirely within Nebraska.
Any controversy, dispute, or claim arising out of or related to these Terms, the Privacy Policy, or the Service shall be settled by final and binding arbitration in Douglas County, Nebraska, pursuant to the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. Any disputes shall be resolved individually, without resort to any form of class action.
General Legal Terms
These Terms, together with the Privacy Policy, constitute the entire agreement between You and Unstack regarding the Service and supersede any prior agreements on the subject.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed to reflect the parties' intentions as nearly as possible, and the remaining portions shall remain in full force and effect.
The failure of Unstack to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Unstack shall not be liable for failing or delaying performance resulting from any condition beyond our reasonable control, including governmental action, acts of terrorism, natural disasters, labor conditions, power failures, or Internet disturbances.
We may assign this agreement at any time to any parent, subsidiary, affiliate, or successor, or in connection with a merger, sale, or other transfer of our business. You may not assign Your rights under these Terms without our prior written consent.