Any references to "we”, “our”, “the website” or “services” refers to Unlikely. Any references to “you”, “your”, or “User” refers to anyone accessing these websites or using our services.
Users must be at least eighteen (18) years old in order to use the websites and our services. By using these websites and our services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms.
You also represent that you will use the websites and our services in a manner consistent with any and all applicable laws and regulations.
You understand that any message or information you send to the websites may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
You understand that no material that you upload and provide to us will be treated as confidential.
You agree that you will only use this website for lawful purposes and in accordance with all applicable laws. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (or privately transmitted on or through this website are the sole responsibility of the user, not Unlikely, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.
Unlikely may terminate this Agreement and your use of this website and our services at any time without notice if we believe that you are less than 18 years old or if you have violated this Agreement in any other way.
Part of the services offered by Unlikely websites is the ability to upload your personal stories and photos. You are solely responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the website and/or the services. You may not upload, post or otherwise make available on the website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any content that you provide or make. You have full responsibility for all content you create and submit, including its legality, reliability and appropriateness.
Unlikely will consider anything you provide or contribute to the website as available to be used by us free of any obligations to you. By posting or uploading User Content to this website, you automatically and irrevocably:
(i) grant and assign Unlikely any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents necessary (if any) to enable its assignment, sublicensing, reproduction, distribution, modification, publishing and/or other exploitation by Unlikely and/or by any person authorized by Unlikely, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(iii) appoint Unlikely as your agent with full power to enter into any document and/or do any act Unlikely may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement;
(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Unlikely shall not be liable for any use or disclosure of such User Content.
You understand that by uploading any User Content, you give Unlikely the right to use your image and likeness and/or any statements in its publications, advertising, or other media activities, including the Internet and social media platforms, without expectation of compensation or other remuneration. The consent includes, but is not limited to, (a) images and/or videos contributed by you and uploaded to the site; (b) permission to use your name or a pseudonym; and (c) permission to use quotes from your statements (or excerpts, or edited versions of such quotes), the film, photograph(s), tape(s) or reproductions of you, in part or in whole, in our publications, all types of electronic and digital media.
You agree to waive any right to royalties or other compensation arising or relating to the use of your User Content.
User Content shall not contain protected health information. You are strictly prohibited from submitting User Content that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Unlikely Collaborators with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should Unlikely Collaborators discover that you have done so, Unlikely Collaborators will remove it immediately and reserves the right to ban you from the Website. None of the foregoing shall obligate Unlikely Collaborators to actively screen the information that you provide.
The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of Unlikely and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.
Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by Unlikely in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
“Unlikely” is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Unlikely infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Unlikely a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to [email protected], Attn: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of our website and/or services. In connection with your use of our website and services, you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and tax regulations;
- hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our website, Service, or Users;
- defame anyone;
- defraud, mislead, or otherwise act dishonestly;
- copy, store, or otherwise access any information contained on the website or within any content appearing therein, for purposes not expressly permitted by these Terms;
- use the website or services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the website or services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
- stalk or harass any other user of the website or services or collect or store any personally identifiable information about any other user;
- impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
- run any bots or other software to aggregate or browse our content;
- post false information
- infringe on anyone’s intellectual property rights;
- otherwise act in a manner which, at Unlikely’s sole discretion, is objectionable.
Third Party Links and Services
Disclaimer of Warranties
Your use of this website is at your own risk. This website and all the materials, information, software, facilities, services and other content in this website are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Unlikely disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Unlikely does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that the servers that make the website available are free of viruses or other harmful components. Unlikely does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. Unlikely makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and Unlikely assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation Of Liability
Unlikely SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY INFORMATION OR ADVICE GIVEN TO YOU BY ANY EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, SHAREHOLDERS, OR AFFILIATES OF Unlikely. IN NO EVENT SHALL Unlikely BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF Unlikely KNOWS THERE IS A POSSIBILITY OF SUnlikelyH DAMAGE.
You agree to indemnify and hold harmless Unlikely and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of Unlikely’s representations and warranties contained herein; (ii) your use and access to any of Unlikely’s services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.
This Agreement and any Disputes shall be governed by the internal substantive laws of the State of New York, without regard to its choice or conflicts of law provisions.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Unlikely’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Unlikely’s ability to enforce such term at any point in the future. This Agreement is the entire agreement between you and Unlikely and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and Unlikely about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.
You hereby acknowledge and agree that Unlikely does not actively monitor or police the interactive areas or specific interactions between Users of the Website (and has no obligation to do so) and you hereby disclaim and hold Unlikely harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User. Notwithstanding the foregoing, Unlikely reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred, and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Website to any infringing party.
Unlikely may make changes to the content and features of the site and the services at any time, with or without notice to you. Unlikely can change or update this Agreement at any time. If you do not agree to any of the updated terms, you must stop using the website and services immediately
Unlikely may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Unlikely in its sole discretion. Unlikely reserves the right to determine the form and means of providing notifications to our Users. Unlikely is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to [email protected].
Last Modified on December 1, 2021