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The Unsealed Terms of Service

THE UNSEALED™ TERMS OF SERVICE

Last Updated On April 6, 2022

These Terms of Service (“Terms”) describe the terms and conditions that govern your use of The Unsealed™ digital products, including TheUnsealed.com, offered by Lauren Brill Media LLC (“the Company”, “The Unsealed™”, “us”, “our” or “we”), a Florida USA limited liability company. These Terms are the agreement between you, as a user (“User” or “you”) of TheUnsealed.com (the “Website” or “Platform”), and us regarding the use of our Website.

BY USING OUR WEBSITE AS A VISITOR, A MEMBER OR IN ANY OTHER CAPACITY (COLLECTIVELY, “USERS”), YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

1. INTRODUCTION: These Terms and Conditions govern your use of www.TheUnsealed.com and constitute your binding legal agreement with us (“Agreement”) whether you are (1) a visitor (“Visitor”) to www.TheUnsealed.com; (2) a Member who does not contribute Content (“Member”) of www.TheUnsealed.com; or (3) a Member who is also posts Content on www.TheUnsealed.com. In this Agreement between you and Lauren Brill Media LLC, we and you are sometimes referred to below as a “Party” or, jointly, as the “Parties”.

IF YOU ARE NOT FLUENT IN ENGLISH:

THIS AGREEMENT IS WRITTEN IN THE ENGLISH LANGUAGE. LES PARTIES AUX PRESENTES CONFIRMENT LEUR VOLONTE QUE CETTE LE CONVENTION DE MEME QUE TOUS LES DOCUMENTS Y COMPRIS Y TOUT AVIS QUI S’Y RATTACHE SOIENT REDIGES EN LANGUE ANGLAISE.  IF YOU WISH TO READ THIS AGREEMENT IN A LANGUAGE OTHER THAN ENGLISH, IT IS YOUR RESPONSIBILITY TO IDENTIFY A COMPETENT TRANSLATOR TO PRESENT IT TO YOU IN A LANGUAGE IN WHICH YOU ARE CAPABLE OF EVALUATING AND KNOWINGLY AGREEING TO AN AGREEMENT WRITTEN IN THE ENGLISH LANGUAGE.

2. GENERAL RULES AND DEFINITIONS

2.1. If you, the user of TheUnsealed.com, choose to use certain of The Unsealed™ digital products displaying, or otherwise governed, by these Terms, including www.TheUnsealed.com (the “Website”) and any of the features of the Website that we may make available to you from time to time (collectively, the “Services”), you will be agreeing to abide by all of these Terms between you and The Unsealed™.

2.2. We may change, add or remove portions of these Terms at any time by notifying you of the change in writing (including by email or by updating the date above after “Last Updated On”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms prior to each time that you use the Website.

2.3 IF ANY OF THESE TERMS, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY (i) CANCEL YOUR ACCOUNT BY SENDING AN E-MAIL TO: LAUREN@THEUNSEALED.COM (SEE SECTION 12 REGARDING TERMINATION OF SERVICE) AND/OR (ii) CANCEL YOUR MEMBERSHIP. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS, CHANGES, OR MODIFICATIONS.

2.4. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any service, feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2.5. Being exposed to advertising is a condition of your accessing the Services.

2.6. The owner of the Website, Lauren Brill Media LLC, is a limited liability company organized and based in the state of Florida, United States of America. We provide this Website for use only by persons located in the United States. Access to the Website by certain persons or in certain countries may not be legal. If you access our Website from outside of the United States, you do so on your own initiative and are responsible for compliance with all laws that apply to you.

3. INTERPRETATION: In these Terms and Conditions,

— In this Agreement, we sometimes refer to our Website as “The Unsealed™”, including when accessed via the URL www.TheUnsealed.com and/or via any web browser;

— References to “we”, “our”, “us” are references to Lauren Brill Media LLC, the owner and operator of www.TheUnsealed.com; 

— “Content” means any material uploaded to The Unsealed™ by a Member or by us, including any photos, videos, audio (for example music and other sounds), live-stream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;

— “Terms of Service” (also called “Terms” or “Agreement” herein) means this legally binding agreement between you and The Unsealed™, which consists of: (i) these Terms of Use; (ii) Complaint Policy; and (iii) Acceptable Use Policy;

— “United States” means the United States of America, its Territories and Possessions; and

— “User” means any user of The Unsealed™, whether a Visitor, a Member or any combination thereof  (also referred to in this Agreement as “you”, “your” and forms thereof, as the context suggests).

4. CONTENT ON THE SERVICES 

The Content of the Services, including the Website, are intended for your personal, noncommercial use. All materials published or available on the Services (including but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the “Content”) are or may be protected by copyright, and owned or controlled by Lauren Brill Media LLC unless specifically stated otherwise. Lauren Brill Media LLC also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”), as well as copyright in certain individual works which its principal has authored or co-authored and appear on the Website. Also, The Unsealed™ has conducted and may continue to conduct conversations by video-conference which include guests who have agreed to permit The Unsealed™ to record those video-conferences and post the resulting videos on the Website or elsewhere. 

You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Service. The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in these Terms), create new works from, distribute, perform, display (including framing and online linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including but not limited to Software) in whole or in part. You may download or copy the Content and other downloadable items displayed on the Services once for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Lauren Brill Media LLC or the copyright holder identified in the copyright notice contained in the Content. 

5. USER GENERATED CONTENT

If you upload, post or submit any Content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such Content, and that it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload, distribute or otherwise publish on or to the Services any malware, viruses, spyware, or other malicious software or files. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any Content. The Services shall be used only in a noncommercial manner. You shall not, without the express written approval of Lauren Brill Media LLC, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You acknowledge that any submissions you make to the Services (i.e., Member-generated Content, including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may, within the meaning of Section 230 of the Communications Decency Act, 47 USC Section 230(c)(1) and (2), be edited, removed, modified, published, transmitted, and displayed by us if we in good faith consider it to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; and you waive any rights you may have against having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats. You grant to us a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to your Submissions, which includes without limitation the right for us, or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by us, including any Submission you post on or to the Services through a third party. The above license from you to The Unsealed™ also permits The Unsealed™ to record and distribute the recording of any video-conference in which you participate as a guest.

You are solely responsible for the content of your Submissions. However, while we do not and cannot review all Submissions and are not responsible for the content of Submissions, we reserve the right to delete, move, or edit Submissions that we, in our reasonable good-faith discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms, or otherwise unacceptable. By making a Submission, you are consenting to its display and publication on the Website and in the Services and for online and offline promotional uses by us.

6. PROHIBITED USE OF THE SERVICES

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without our prior written consent, you shall not: 

— access any part of the Services, Content, data or information you do not have permission or authorization to access or for which we have revoked your access;

— use robots, spiders, scripts, services, software or any manual or automatic device, tool, or process designed to data-mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means;

— use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services; 

— cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);

— take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and

— do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.

Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.

7. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES

You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that you are at least eighteen (18) years old if you are in the USA and the UK and wish to become a Member of The Unsealed™, and a “legal adult” anywhere else; and (c) if you are under eighteen years old, your parent or legal guardian has read these Terms and agreed to them and to your use of the Service. You hereby indemnify, defend and hold harmless us and our affiliates and each of their officers, members, managers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of these Terms or the foregoing representations, warranties and covenants by you or any user of your account. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

We do not warrant, represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE AND CONTENT ARE DISTRIBUTED BY US ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT. THE UNSEALED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.

IN NO EVENT WILL THE UNSEALED™, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (“THE UNSEALED™ PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE UNSEALED™ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE UNSEALED™ PARTIES’ LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

REGISTRATION AND SECURITY

8. BECOMING A MEMBER OF THE UNSEALED™

To use the full functionality of www.TheUnsealed.com you must first register and create a Member account. You must provide your date of birth and a valid email address. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the technical requirements of the The Unsealed™ Website for the composition of passwords. 

To register as a User you must be at least 18 years old (or 21 in some jurisdictions) or, if younger, only with the permission of your parent or guardian, and you will be required to confirm that the laws of the country (and/or State/province) where you live provide that you can be legally bound by a contract with us; and you must not be barred from accessing our platform under any laws which apply to you. If you do not meet the above requirements, you must not access or use The Unsealed™.

As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also may be requested to provide certain registration information, which must be accurate and kept current. Each registration is for a single Member only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of The Unsealed™. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspension or termination of your account.

Please notify Lauren@theunsealed.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

You must be eighteen (18) years or older to use any part of the Services in the USA and the UK, and a “legal adult”  anywhere else. If you are less than 18 years of age and would like to use, subscribe to or register for any part of the Services, please ask your parent or legal guardian to review and agree to these Terms before you use any part of the Services, or ask them to complete the purchase and/or registration on your behalf.

You are responsible for all usage or activity on your account with The Unsealed™, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies. 

9. FEES AND PAYMENTS

We reserve the right at any time to charge fees for access to portions of the Services or to the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted on the Website and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

10. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEBSITES

The Services contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). The Unsealed™ does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site(s).

11. SOFTWARE LICENSES

You shall have no rights to The Unsealed™ proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by The Unsealed™, and any attempt at such sublicense, assignment or transfer shall be null and void ab initio. You may make one copy of such Software for personal archival purposes only. You may not otherwise copy, distribute, modify, reverse-engineer, or create derivative works from the Software.

12. TERMINATION

You may terminate your account at any time by emailing: Lauren@theunsealed.com. The Unsealed™ may, in our sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms.

How do you delete your account by yourself? If you want to delete your The Unsealed™ account, then you may do so in your The Unsealed™ Member account.

Once your account has been deleted you won’t be charged any further amounts or have access to your former The Unsealed™ account or its Content. In this connection, please be aware that deleting your newsletter account does NOT automatically delete your Member Account or your regular Member Account charges. Once your account has been deleted, we may deal with your contributed Content in accordance with our Privacy Policy (including, but not limited to, by deleting it). You will no longer be entitled to access your Content, and your Content may no longer be live on the Website for other people to access. 

13. YOUR WARRANTIES AND REPRESENTATIONS TO THE UNSEALED™

— If you previously had an account with The Unsealed or any other platform to which you have subscribed, you confirm that your old account was not terminated or suspended because you violated any of said platform’s terms or policies.

— You will assure that all information which you submit to us is truthful, accurate and complete, and that you will update promptly any of your information you have submitted to us as, if and when it changes.

— You consent to receiving communications from us electronically, including by emails and messages posted to your The Unsealed™ account, and to the processing of your personal data as more fully detailed in our Privacy Policy.

— You will keep your account/login details confidential and secure, including your user details, passwords and any other information that forms part of our security procedures, and you will not disclose these details to anyone else. You will contact Lauren@TheUnsealed.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.

— You are responsible for all activity on your account even if, contrary to these Terms and Conditions, someone else uses your account.

— You will comply in full with these Terms and Conditions, our Acceptable Use Policy and all other parts of the Terms herein which apply to your use of The Unsealed™.

14. YOU AGREE THAT THE UNSEALED™ HAS THE RIGHT, BUT NOT THE OBLIGATION, TO

— Review any of the Content that you post (if any) for the purpose of verifying your compliance with these Terms (including but not limited to our Acceptable Use Policy) and/or applicable law.

— Suspend access to any Content you contribute while we investigate its suspected non-compliance or unlawfulness. Following our investigation of suspected non-compliance or unlawfulness, we may restrict your access to the Content or permanently remove or disable your access without any consent from you and without giving you prior notice. Please be aware that The Unsealed™ adheres to a “1-strike/2-strikes/3-strikes” policy and will permanently prohibit you from using our Website for any purpose if there are three (3) instances of your non-compliance with these Terms and Conditions.  After investigating each incident, we may take any action we consider appropriate in our sole and final discretion, including but not limited to canceling or reinstating your account. You agree that you will, at your own cost, promptly provide to us all reasonable assistance in our investigation (including but not limited to providing us with copies of any information which we reasonably request). We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness. If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your The Unsealed™ account, but we are not obligated to give you prior notice of such removal.

— Investigate any suspected or alleged misuse, abuse, or unlawful use of The Unsealed™ and cooperate with law enforcement agencies in any such investigation. We can, in our sole discretion, disclose to law enforcement agencies any information or records in our possession or control about your use of The Unsealed™ in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.

— Terminate this Agreement and your access to The Unsealed™ for any or no reason by giving you 30 days’ notice by email or electronic message to your The Unsealed™ account. We can also suspend access to your Member Account or terminate your Agreement with us and your access to The Unsealed™ immediately and without prior notice if, in our sole judgment, you have or may have seriously or repeatedly breached any part of these Terms (including but not limited to our Acceptable Use Policy), or if you attempt or threaten to breach any part of these Terms in a way which has or could have serious consequences for us or a fellow Member; or if you take any action that has caused or is reasonably likely to cause us to suffer a loss or that, in our sole judgment, harms the operation or reputation of The Unsealed™. 

— Upon termination of your Member Account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including, but not limited to, by deleting it), and you will no longer be entitled to access your Content. There is no technical facility on The Unsealed™ for you to be able to access your Content following termination of your account.

— We may, in our sole discretion, change the third-party payment provider(s) that we use and, if we do so, we will notify you and store applicable details on the Website.

— We own all rights in and to The Unsealed™ and its entire contents, features, databases, source code and functionality, other than Content posted by Members which is owned by or licensed to those Members. All such Content is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.

— We own any and all data relating to your use of The Unsealed™ (including but not limited to anonymized data), which (subject to our Privacy Policy) we can use for any legal purpose, including but not limited to commercial, development and research purposes.

15. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR

— Authorizing or approving Content posted by Members on The Unsealed™, and the views expressed by you or other Members on The Unsealed™ do not necessarily represent The Unsealed’s own views.

— We do not grant you any rights in relation to Content that you encounter on The Unsealed™. Only the Member (and/or owner) of such Content may grant such rights.

— Individuals recognizing your identity from your Content (should you post Content to The Unsealed™). We will not in any way be responsible to you if you are identified from Content you may post.

— Monitoring Content or proactively detecting breaches of our Terms (including but not limited to the Acceptable Use Policy).

— Your decision to follow any suggestions, comments, reviews or instructions received from another User of The Unsealed™.  If you choose to do so, you do so entirely at your own risk.

  — The accuracy or inaccuracy of any materials or Content you may encounter on The Unsealed™, or claims that Members will achieve any particular result or outcome from using such materials.

— Compatibility with your devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access The Unsealed™. You should use your own virus protection software, since we take no responsibility for viruses or other malware which may infect your technology. While we try to make sure that The Unsealed™ is secure and free from bugs and viruses, we cannot promise that it will be, and we have no control over the Content that is posted by our Members. 

— Availability of the Internet, or any errors in your connections, device or other equipment or software that may occur regarding your use of The Unsealed™.

— Lost, stolen, or compromised Member accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.

— The use which other Members or third parties make of your posted Content (if any). You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your posted Content which may have been recorded by other Members in breach of these Terms or by third parties prior to the deletion of your account.

16. INTELLECTUAL PROPERTY RIGHTS – OWNERSHIP AND LICENSES

— You confirm that you own all intellectual property rights (examples of which are copyrights and trademarks) in your posted Content (if any), or that you have obtained all necessary rights to your posted Content from authorized licensors of that Content. This includes any rights required to engage in the acts covered by the sub-section immediately below in any territory in which The Unsealed™ is accessible (i.e., the world).

— For Contentyou post, you grant us a license to perform any action required by any intellectual property right (including but not limited to copyright) in such Content, to the extent reasonably related to the legal provision and operation of The Unsealed™. Such acts include but are not limited to our right to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your posted Content, and otherwise deal in your posted Content.

— The license which you grant to us immediately above to your posted Content is perpetual, non-exclusive, worldwide, royalty-free, sub-licensable, assignable and transferable by us. This means that our license will continue even after this Agreement with us ends and you stop using The Unsealed™, that we do not have to pay you for the license, and that we can grant a sub-license of your posted Content to someone else or assign or transfer the license to someone else. This license allows us, for example, to make your posted Content available to other Members of The Unsealed™, as well as to use your posted Content for other normal operations of The Unsealed™. We will never sell your posted Content to other platforms, though we may sell or transfer any license you grant to us if we sell our company or its assets to a third party. 

— Though we do not own your posted Content, you grant us the limited right, in our sole discretion, to submit claims of infringement (including but not limited to claims regarding copyright or trademark) on your behalf and without your permission to any third-party website or service that hosts or is otherwise dealing in infringing copies of your posted Content. However, we do not, and are under no obligation to, “police” infringements of your posted Content. You agree that, if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy below for how to make a complaint about infringement of intellectual property rights.

— You waive any moral rights which you may otherwise have under any applicable law to object to negative treatment of any Content posted by you on The Unsealed™. This waiver does not affect in any way your ownership of any intellectual property rights in your posted Content or the rights which you have to prevent your posted Content from being copied without your permission. 

If you are a copyright owner or an agent thereof (“Owner”) and believe that any content or Material infringes upon Owner’s copyright(s), rights of publicity, or any other rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing The Unsealed (through Lauren@TheUnsealed.com) with the following information in writing (see 17 U.S.C 512(c)(3) for further details): 

A physical or electronic signature of a person authorized to act on behalf of the owner of each legal right that is allegedly infringed; 

Identification of the copyrighted work or other legal right claimed to have been infringed, or, if multiple materials on the The Unsealed Website are intended to be covered by a single notification, a representative list of such works; 

Identification of the material that is claimed to be infringing, the subject of infringing activity or is violative of any other legal right and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Unsealed to locate said material; 

Information reasonably sufficient to permit The Unsealed to contact the Owner, such as an address, telephone number, and, if available, an electronic mail address; 

A statement that the Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Owner or the law; and 

A statement that the information in the notification is accurate, and under penalty of perjury, that the Owner is authorized to act with regard to the legal right that is allegedly infringed.

You acknowledge that failure to comply with all of the above requirements may render any Owner’s legal notice not valid. 

17. LINKING TO AND FROM THE UNSEALED™:

— You may link to the The Unsealed™ homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of legal association, approval, or endorsement of your posted Content on our part.  

— If The Unsealed™ contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links do not imply approval by us of those linked websites or their information. We have no control over the contents of those sites or resources and accept no 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 websites linked to The Unsealed™, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

18. RESPONSIBILITY FOR LOSS OR DAMAGE 

You agree that:

  — We do not attempt to exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; and (ii) fraud or fraudulent misrepresentation on our part. You agree that our total liability to you for claims arising out of or related to this Agreement are limited to US $100 per User.

— We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of The Unsealed™.

— We and/or our subsidiary companies, employees, owners, representatives, and agents hereby exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to The Unsealed™ or any Content on our Website. This means that if these Terms and Conditions do not expressly include a promise or commitment by us, then one cannot be “implied” by law.

       — We and our subsidiary companies, employees, owners, representatives, and agents are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching these Terms or our failure to use reasonable care and skill. Loss or damage is “foreseeable” if either it is obvious that it will happen or if, at the time you agreed to these Terms, both we and you knew it might happen. We and our subsidiary companies, employees, owners, representatives, and agents won’t be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in connection with your inability to use The Unsealed™ or any of its services, features or programs; or your use of or reliance on any content (including but not limited to posted Content) stored on The Unsealed™. 

— We and our subsidiary companies, employees, owners, representatives, and agents won’t be liable to you for any: loss of profits; loss of sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of data or information, including but not limited to posted Content; indirect or consequential loss or damage; any loss or damage caused by a virus, ransomware, malware or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material, due to your use of The Unsealed™ or any of our Services, features or programs, or due to your downloading of any material posted on The Unsealed™ or on any website linked to it; if your posted Content is copied, distributed, reposted elsewhere or its copyright is infringed by any third party; for any disclosure of your identity, or any disclosure or publication of your personal information by other Members or third parties without your consent; for any failure or delay by us in complying with any part of these Terms, which failure or delay arises from events outside our reasonable control, such as an act of God; inevitable accident; fire; lockout; strike or other labor dispute; riot or civil commotion, pandemic/epidemic declared by the World Health organization or the United States Centers for Disease Control and Prevention, act of public enemy, act of terrorism, law, enactment, regulation, rule, order or act of government or governmental instrumentality (whether supranational, Federal, State, provincial or local, foreign or other), failure of technical facilities, or other cause of similar or different nature beyond our control which materially interferes with, prevents, or impedes our operations. If there is any failure or delay by us in complying with any part of these Terms arising from an event outside our reasonable control, then we will contact you as soon as possible to let you know, and we will take steps within our reasonable business discretion to minimize the effect of the delay.

        — You agree that our total liability to you for any and all claims arising out of or related to your Agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to a maximum of not more than One Hundred United States Dollars (US $100).

— We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing contributed Content which places you in breach of any status you have with a third party (for example, your employer) or in breach of any applicable law.

— If any aspect of this Agreement is unenforceable, the rest will remain in effect.

— If we fail to enforce any aspect of this Agreement, it will not constitute a legal waiver; we reserve all rights not expressly granted to you in this Agreement.

— No implied licenses or other rights are granted to you in relation to any part of The Unsealed™, save as expressly set forth in these Terms and Conditions.

— This Agreement does not give rights to any third parties, and the exclusions and limitations of liability herein may be enforced by our subsidiary companies, employees, owners, representatives and agents.

— You cannot transfer your rights or obligations under this Agreement without our prior written consent. Our rights and obligations hereunder can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate performance of any of our obligations hereunder to any third party, but we will remain responsible to you for the performance of such obligations.

— These Terms form the entire Agreement between us regarding your access to and use of The Unsealed™, and they supersede any and all prior oral or written understandings or agreements between us and you.

19. FEEDBACK

While our The Unsealed™ staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from our Member community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of Content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:

— We have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

— Your Feedback is provided on a non-confidential basis, and The Unsealed™ is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it; and

— You irrevocably grant to The Unsealed™ perpetual and unlimited permission to reproduce, distribute, create derivative works from, modify, publicly perform (including but not limited to on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution or compensation to you of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.  

** Important Notice Regarding “Charge-backs” and Fraud **

20. Once any service has been purchased from or through The Unsealed™, you may not cancel your payment, including, but not limited to, by attempting a “chargeback” on your credit/debit card because the product or service “wasn’t what I expected”…. Since Member satisfaction is our #1 goal, if you have any questions about ANYTHING in regard to WHAT YOU WILL RECEIVE in a payment to The Unsealed™, the best thing to do is to send us an email (Lauren@TheUnsealed.com) with your question(s). We’re happy to answer them. A “charge-back” takes place when you pay for something with your credit/debit card (for example, purchasing a Member Account to this Website), and then you dispute the charge later with your credit/debit card company. You hereby understand and agree that if we receive a charge-back from your account, we may block any further usage of your credit/debit card with our payment processors.  This measure is taken to protect both you, us and other online merchants from fraudulent credit card purchases.

If you believe that you have been erroneously billed, please notify us of the error immediately. If we do not hear from you within thirty (30) days after such billing error first occurs, such fee will be deemed acceptable by you for all purposes, including but not limited to resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication. 

TERMS AND CONDITIONS FOR MEMBERS POSTING CONTENT

BY USING OUR WEBSITE TO POST CONTENT, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

24.            INTRODUCTION: These Terms and Conditions for Members Posting Content on The Unsealed™ are additional terms which apply if you use The Unsealed™ to post Content (you may also be referred to as “you” and “your” in this part of our Terms) and form part of your legal Agreement with us.

25. ADDITIONAL TERMS

In addition to the terms set forth elsewhere in these Terms (in particular, in our Acceptable Use Policy), the following terms apply to the Content (if any) contributed, posted, displayed, uploaded or published by you on The Unsealed™ — You warrant and represent that, for each item of Content which you contribute, post, display, upload or publish on The Unsealed™:

— Your posted Content complies in full with these Terms (and, in particular, our Acceptable Use Policy);

— You either own that posted Content (and all intellectual property rights in it) or have a valid license from the owner or a licensee of the owner to use it in the manner in which you use it on The Unsealed™; and

— If that posted Content includes or uses any third-party material (including but not limited to music), you have secured all rights, licenses, written consents and releases that are necessary for the use of such material in your posted Content and for the subsequent use and exploitation of that posted Content on The Unsealed™.

Members who post Content and Consumers of that Content on The Unsealed™ may communicate with one another by means of our Website, but in order to encourage the safety and well-being of all Members, The Unsealed™ prohibits the exchange of contact information (e.g., emails, physical addresses, phone numbers) on our Website which may contribute to actual face-to-face physical contact. The Unsealed™ explicitly disclaims any involvement or responsibility for the results and consequences of any such face-to-face physical contact. 

26. CONTENT – GENERAL TERMS 

In addition to the terms set forth elsewhere in these Terms (in particular, in our Acceptable Use Policy), the following terms apply to your Content on The Unsealed.

— You agree that your Content is not confidential, and you authorize your Consumers to access and view your Content on The Unsealed™ for their own lawful and personal use, and in accordance with any licenses that you grant to us or to other Members.

You warrant and represent that, for each item of Content which you contribute, post, display, upload or publish on The Unsealed:

— The Content complies in full with these Terms (and, in particular, with our Acceptable Use Policy);

— You hold all rights necessary to license and deal in your Content on The Unsealed™, including, but not limited to, throughout the United States;

— You either own all of your Content (and all intellectual property rights in it) or have a valid license from the owner, or a licensee of the owner, to offer and supply your Content to The Unsealed™;

— If your Content includes or uses any third-party material (including but not limited to music), you have secured all rights, licenses, written consents and releases necessary for the use of such material in your Content and for the subsequent use and exploitation of that Content on The Unsealed™; 

— The Content is of satisfactory quality, pursuant to your description (if any) of the Content, and all other relevant circumstances, including but not limited to any statement or representation which you make about the nature of the Content on your account; 

— You agree that you will be liable to us and indemnify us if any of the above warranties is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue;

— We are not responsible for and do not endorse any aspect of any Content posted by you or any other Member of The Unsealed™community. We do not have any obligation to monitor Content and have no direct control over what your Content may comprise. 

27. SPECIFIC RULES FOR MUSICAL WORKS:

If you are a composer or author of any musical work posted on The Unsealed™ and are affiliated with a Performing Rights Organization (your “PRO”, such as ASCAP or BMI in the United States, SOCAN in Canada, SACEM in France, GEMA in Germany, SGAE in Spain, PRS or PPL in the UK, JASRAC in Japan, etc.), then you must notify your PRO of the royalty-free license you grant to us through these Terms. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in this Agreement or have such music publisher enter into this Agreement with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of The Unsealed™ is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through The Unsealed™ that may be claimed by your label.]

28. CO-AUTHORED CONTENT 

If you upload Content which has been contributed to by anyone else other than, or in addition to, you (even if that person cannot readily be identified from the Content) (“Co-Authored Content”), you warrant and represent that each such individual:

— Is also a Member of The Unsealed™;

— Has given his/her written (email acceptable but must be preserved) express, prior and fully informed consent to his or her participation in the Co-Authored Content and has consented to your posting on The Unsealed™ the Content to which he or she has contributed. 

— If any Content is a work of joint authorship such as a co-authored letter or video featuring both (or all) of you, you are solely responsible for obtaining any required licenses or consents from all other joint authors of the Content, which consents are sufficient to permit such Content to be uploaded to and made available on The Unseal — You hereby agree to release us from, and not to make any claims against us, arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Member(s) who posted that Content.

[If you are a copyright owner or an agent thereof (“Owner”) and believe that any content or Material infringes upon the Owner’s copyright(s), rights of publicity, or any other rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing The Unsealed (through Lauren@TheUnsealed.com) with the following information in writing (see 17 U.S.C 512(c)(3) for further details): 

A physical or electronic signature of a person authorized to act on behalf of the owner of each legal right that is allegedly infringed; 

Identification of the copyrighted work or other legal right claimed to have been infringed, or, if multiple materials on the The Unsealed Website are intended to be covered by a single notification, a representative list of such works; 

Identification of the material that is claimed to be infringing, the subject of infringing activity or is violative of any other legal right and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Unsealed to locate said material; 

Information reasonably sufficient to permit The Unsealed to contact Owner, such as an address, telephone number, and, if available, an electronic mail address; 

A statement that Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Owner or the law; and 

A statement that the information in the notification is accurate, and under penalty of perjury, that Owner is authorized to act with regard to the legal right that is allegedly infringed. 

The Owner acknowledges that failure to comply with all of the above requirements may render Owner’s legal notice not valid.] 

ACCEPTABLE USE POLICY

BY USING OUR WEBSITE IN ANY MANNER, YOU AGREE TO THIS POLICY –

PLEASE READ IT CAREFULLY

INTRODUCTION: This Acceptable Use Policy applies to your use of The Unsealed™ and all Content that you post on The Unsealed™ and forms part of your Agreement with us. This Policy sets forth what is and is not generally permitted on The Unsealed™. 

29. Do not use The Unsealed™ except for your own personal use; and do not sell, rent, transfer, or share your account or any Content obtained from your use of The Unsealed™ to or with anyone else.

30. Use The Unsealed™ only in a manner and for a purpose that is lawful.

31. Do not contribute, upload, post, display, or publish Content on The Unsealed™ that is illegal, fraudulent, defamatory, hateful, obscene, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity. 

32. Do not use The Unsealed™ in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content. 

33. Do not contribute, upload, post, display, or publish Content on The Unsealed that shows, includes or refers to

— Any individual under 18 years old unless you Are that individual’s parent or legal guardian; or

— Any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual (or parent if less than 18) to use his/her name or image (or both) in the Content; 

— Shows, promotes, advertises or refers to: firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions; illegal drugs or drug paraphernalia; self-harm or suicide; incest; bestiality; violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, genital mutilation; necrophilia; urine or excrement-related material; “revenge porn” (i.e., any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material’s being taken, captured, or otherwise memorialized, and/or being posted and shared on The Unsealed™); illegal escort services, sex trafficking, or prostitution; contains unsolicited sexual content, obscenity or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else; contains, promotes, advertises or refers to hate speech (i.e., Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic); contains, discloses or refers to anyone else’s personal data or private or confidential information (e.g., telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for The Unsealed™ (including but not limited to passwords and security questions), financial information including but not limited to bank account and credit card details, biometric data, and medical records) without that person’s express written consent; if the Content features public nudity, was recorded in or is being broadcast from a legal jurisdiction where public nudity is illegal; if the Content features sexual activities, was recorded in or is being broadcast from a place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present); gives the impression that it comes from or is approved, licensed or endorsed by us or by any other person or company; causes or is calculated to cause inconvenience or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offense to anyone else; is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job-posting or employment ads without our prior express written consent.

34. Do not use The Unsealed™ to stalk, bully, abuse, harass, threaten or intimidate anyone else.

35. Do not use The Unsealed™ to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive us or any fellow Member.

36. DO respect the intellectual property rights of Members who post Content, including but not limited to by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without their authorization.

37. Do not do anything that violates our or someone else’s rights, including intellectual property rights (e.g., copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.

38. Do not impersonate us, one of our employees, another Member, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.

39. Do not provide false account registration information or make unauthorized use of anyone else’s information or Content.

40. Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing numbers of views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.

41. Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.

42. Do not use other media or methods (for example, the use of code words or signals) to communicate anything which violates this Policy.

43. Do not reproduce, print, distribute, attempt to download, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under these Terms.

44. Do not knowingly introduce any viruses, trojans, worms, logic bombs, malware or other destructive material into Content, which material is or may be malicious or technologically harmful.

45. Do not decompile, disassemble, reverse-engineer, or otherwise attempt to discover or derive the source code of The Unsealed™, or use The Unsealed™ in a way that could adversely affect our systems or security or interfere with another Member’s use of The Unsealed™, including but not limited to their ability to engage in real-time activities through The Unsealed™.

46. Do not use any automated program, tool or processes (such as web crawlers, robots, bots, spiders, and automated scripts) to access The Unsealed™ or any server, network or system associated with The Unsealed™, or to extract, scrape, collect, harvest or gather Content or information from The Unsealed™.

47. Do not use The Unsealed’s name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in these Terms or with our prior written agreement.

Breaches of this Acceptable Use Policy may lead to your account being suspended or terminated as set out in these Terms.

COMPLAINTS POLICY 

 INTRODUCTION: This document sets out our Complaints Policy. If you are a User of The Unsealed™, this Complaints Policy forms part of your Agreement with us. 

48. www.TheUnsealed.com is owned and operated by Lauren Brill Media LLC, a limited liability company registered in the State of Florida USA, which has its mailing address at 100 SE 2d Street, Suite 2000 PMB 185, Miami, FL USA 33131. 

49. Whether or not you are a Member of The Unsealed™, you can use this Complaints Policy to alert us to any complaint which you have relating to The Unsealed™.

50. How to make a complaint: If you have a complaint about The Unsealed™ (including but not limited to a complaint about Content appearing on The Unsealed™ or the conduct of a fellow User), please send your complaint to Lauren@TheUnsealed.com, including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.

[If you are a copyright owner or an agent thereof (“Owner”) and believe that any content or Material infringes upon the Owner’s copyright(s), rights of publicity, or any other rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing to The Unsealed (through Lauren@TheUnsealed.com) with the following information in writing (see 17 U.S.C 512(c)(3) for further details): 

A physical or electronic signature of a person authorized to act on behalf of the owner of each legal right that is allegedly infringed; 

Identification of the copyrighted work or other legal right claimed to have been infringed, or, if multiple materials on the The Unsealed Website are intended to be covered by a single notification, a representative list of such works; 

Identification of the material that is claimed to be infringing, the subject of infringing activity or is violative of any other legal right and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Unsealed to locate said material; 

Information reasonably sufficient to permit The Unsealed™ to contact Owner, such as an address, telephone number, and, if available, an electronic mail address; 

A statement that Owner has a good faith belief that use of the material in the manner complained of is not authorized by the Owner or the law; and 

A statement that the information in the notification is accurate, and under penalty of perjury, that Owner is authorized to act with regard to the legal right that is allegedly infringed. 

The Owner acknowledges that failure to comply with all of the above requirements may render Owner’s legal notice not valid.] 

51. How we will deal with your complaint: Following receipt of your complaint under section 50 above:

— We will take such steps as we consider appropriate to investigate your complaint within a time-scale which is appropriate to the nature of your complaint;

— If we require further information or documents from you, we will contact you to let you know;

— We will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on The Unsealed™, and we are satisfied (in our sole and final judgment) that the Content is unlawful or otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content.

— We are not obligated to inform you of the outcome of your complaint.

52. Unjustified or abusive complaints: If you are a Member of The Unsealed™, you warrant and represent that you will not make any complaint under this Complaints Policy which is unjustified, abusive, or made in bad faith. If we determine (in our sole and final judgment) that you have breached this warranty, we may suspend or terminate your Member account. Please be aware that The Unsealed™ adheres to a “1 strike/2 strikes/3 strikes” policy and will permanently prohibit you from using our Website for any purpose if there are three (3) instances of your non-compliance with these Terms.  After investigating each incident, we may take any action (or no action) we consider appropriate in our sole discretion, including but not limited to reinstating your account. You agree that you will, at your own cost, promptly provide to us all reasonable assistance in our investigation (including but not limited to providing us with copies of any information which we reasonably request). We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness. If we (in the exercise of our sole and final judgment) suspend access to or delete any of your Content, we will notify you via email or electronic message to your The Unsealed™ account, but we are not obligated to give you any notice of such removal.

WRITING CONTESTS

53.  From time to time, as announced on The Unsealed™, we may conduct one or more “Writing Contests” to incentivize our Members to tell their stories for the benefit of other Members. Each such Writing Contest will be subject to its own rules and regulations as posted on the Website. As our funds make possible, The Unsealed™ may also offer prizes for especially impactful submissions.

MISCELLANEOUS PROVISIONS APPLICABLE TO ALL VISITORS AND MEMBERS

54. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE UNSEALED™ OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE UNSEALED™. IN NO EVENT SHALL THE UNSEALED™ OR ANY THIRD-PARTY PROVIDERS TO, OR DISTRIBUTORS OF, THE UNSEALED™ BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THE UNSEALED™ OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO YOUR USE OF OR INABILITY TO USE ANY COMPONENT OF THE UNSEALED™), AND/OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY THE UNSEALED™ OR ANY THIRD PARTY PROVIDERS, CREATORS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF THE UNSEALED™ OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO YOU OR TO ANY OTHER PARTY. 

55. If, notwithstanding the foregoing, we and/or any third party provider, poster of Content or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above-described functions or uses of The Unsealed™ or its Content, our liability and/or the liability of third-party providers, Members who post Content and distributors shall in no event exceed One Hundred United States Dollars (US$100.00). In our sole discretion, in addition to any other rights or remedies available to us, and without any liability whatsoever, The Unsealed™ at any time and without notice may terminate or restrict your access to any component of this Website. Some legal jurisdictions do not allow limitation of liability; so the foregoing limitation may not apply to you. 

56. Subject to applicable law, use of The Unsealed™ and its Content is at your sole risk. Some opportunities or services made available on The Unsealed™ may be subject to conditions imposed by Members who post Content and/or providers, including but not limited to international conventions and arrangements, and state and federal government regulations. You agree that third-party providers who furnish products or services through this Website are independent contractors, and not agents or employees of The Unsealed™.

57. Your use of The Unsealed™ is also subject to our Privacy Policy. You agree that you have read our Privacy Policy, and that it is reasonable and acceptable to you. Your acceptance of this Agreement is also your consent to the information practices in our Privacy Policy.

58. We will use our reasonable commercial efforts to keep our Website available on a 24-hour/7-day-a-week basis, subject to downtime for scheduled maintenance, unscheduled maintenance, and system outages. But we cannot promise that access to The Unsealed™ will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

59. We make reasonable attempts to exclude viruses from The Unsealed™, but we cannot ensure that the Website will at all times be free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading anything from The Unsealed™. We assume no responsibility for any damages to computer equipment or other property that may result from use of The Unsealed™ or from downloading anything from The Unsealed™.

60. You may preserve this Agreement in hard-copy form by printing it for your records, and you waive any other requirement that this Agreement be evidenced by a written document. 

61. To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on the Website, electronic mail, or text-messaging.

62.  As a User of The Unsealed’s Website, you hereby expressly acknowledge and agree that such use and involvement is voluntarily undertaken solely at your own risk. You recognize, agree and acknowledge that activities undertaken on the Website, including but not limited to interactions between you and a poster of Content appearing on the Website, or information-sharing and posting activities, are activities which inherently involve certain risks.  While Members may communicate via the Website, they may not exchange contact information via the Website which is sufficient to lead to face-to-face physical meetings between such Members; and The Unsealed™disclaims any involvement or responsibility for the consequences of any such face-to-face physical meeting. 

63. As a User of The Unsealed’s Website, you hereby agree that you are solely responsible for any applicable costs, fees and expenses associated with using the Website.  By using any services or functionalities provided on The Unsealed™, and in consideration of your usage of the Website, you, on behalf of yourself, and your heirs, designees and assigns, hereby release, waive, discharge and agree not to sue The Unsealed™, its owners, officers, directors, agents, representatives, employees and Affiliates in their capacities as such, and agree to hold The Unsealed™ and each of such persons associated therewith harmless with respect to any and all fees or expenses (including attorney fees, both transactional and litigation-related, at all levels), and with respect to any and all allegations, losses, claims, damages, property damage, personal injuries or death to you or to any other individual, whether caused by you or the acts (including the failure to act) of any other persons, events, and/or occurrences.

64. As a User of The Unsealed’s Website, you agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.  The performance of this Agreement by us is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of The Unsealed’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered with respect to such use.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth herein, then the Parties agree that the invalid or unenforceable provision may be amended by any appropriate authority and superseded by a valid, enforceable provision that matches the intent of the original provision as nearly as possible. The remainder of this Agreement shall continue in effect.

  65. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THE UNSEALED™ FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY WARRANTIES OF ANY KIND.

66. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE UNSEALED™ AND/OR ANY INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

67. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL THE UNSEALED™ BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED:

— WITH THE USE OR PERFORMANCE OF THIS WEBSITE;

  — WITH DELAY OR INABILITY TO USE THIS WEBSITE;

  — WITH THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE UNSEALED™; OR WITH ANY OTHER CONSEQUENCE ARISING OUT OF THE USE OF THE UNSEALED™, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

68. DUE TO THE FACT THAT CERTAIN LEGAL JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT NECESSARILY APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE UNSEALED™, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE UNSEALED™.

69. The Unsealed™ reserves the right, in its sole and absolute discretion and with no attendant liability, to deny any person’s application to become a Member of The Unsealed™, to deny any person access to The Unsealed™, any interactive service herein, or any portion of The Unsealed™ without notice, and we retain the right to change the terms, conditions, and notices under which The Unsealed™ is offered. 

70. This Agreement, and the other legal notice documents contained elsewhere on this Website and incorporated herein by reference, constitute the entire agreement between you and The Unsealed™ with respect to our services, this Website, and any other relationship between you, the User, and The Unsealed™, and they supersede any and all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to The Unsealed™, our services, and/or this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Fictitious names of companies, products, people, characters and/or data mentioned herein, if any, are not intended to represent any real individual, company, product or event. Any rights not expressly granted to you herein are reserved by us.

HOW WE MAY REVISE THESE TERMS AND CONDITIONS: 

71. We may revise these Terms in our sole and final business judgment, and your future use of www.TheUnsealed.com will represent your consent to those changes. When updated Terms and Conditions are in effect, you will be bound by them if you continue to use www.TheUnsealed.com thereafter.

72. We may, in our sole and final business judgment, update and/or revise and/or suspend and/or withdraw www.TheUnsealed.com from time to time for any reason or no reason, including but not limited to reflect changes in our services, your needs, our business practices, or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that www.TheUnsealed.com, or any Content on it, will always be available or accessible without interruption. We may suspend, withdraw or restrict the availability of all or any part of www.TheUnsealed.com for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it is likely to affect you.

73. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, USA.  YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS SITTING IN MIAMI-DADE COUNTY, FLORIDA, USA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE UNSEALED™. USE OF THE UNSEALED™ IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THIS PARAGRAPH.

74.  In the event a dispute arises between you and The Unsealed™, we both agree to pursue neutral and cost-effective means of resolving the dispute quickly.  Accordingly, you and we agree that any claim or controversy at law or equity that arises out of this Agreement, the Website, or The Unsealed’s other services shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the Parties.  Before resorting to these alternatives, we strongly encourage you, first, to contact us directly (lauren@theunsealed.com) to seek a resolution, and we will consider all reasonable requests to resolve that dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation:

A. Alternative Dispute Resolution. We and you will consider use of alternative forms of dispute resolution, such as non-binding mediation and/or binding arbitration, to be conducted in or as near as possible to Miami-Dade County, Florida, U.S.A.

  B. Court. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in Miami-Dade County, Florida, USA.  You and The Unsealed™ agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Miami-Dade County, Florida, USA. 

75. You and we agree that: 

(i) This Website shall be deemed solely based in the state of Florida, United States of America; and 

(ii) This Website shall be deemed a “passive website” that does not give rise to personal jurisdiction over The Unsealed™, either specific or general, in jurisdictions other than Florida, United States of America. 

YOU AND THE UNSEALED™AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

76. You agree that “The Unsealed” is a service mark of Lauren Brill Media LLC, a Florida USA limited liability company.

77. This Agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Florida USA applicable to agreements entered into and to be wholly performed therein, and by applicable United States federal law. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but this Agreement shall be deemed modified only to the extent necessary to remove such conflicts, and the surviving provisions hereof shall be interpreted so as fully as possible to effect the original intentions of the Parties. Any process in any such action or proceeding may, among other methods, be served by delivering or mailing it, by registered or certified mail, directed to the address which the addressee has designated from time to time.  Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of Florida USA. You and The Unsealed™ agree and consent that jurisdiction and venue of all matters relating to this Agreement shall be vested exclusively in the federal, state, and/or local courts located in Miami-Dade County, Florida USA. Any claim hereunder must be filed within one year after the date on which such claim or cause of action arose or the date on which the claimant learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred. 

78. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed by the Parties. The Parties confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise). 

79. (a) In any dispute between TheUnsealed and you, we shall be entitled to recover our reasonable attorney fees, legal expert fees, and other legal expenses from you if we are the prevailing party.

(b) This Agreement constitutes the entire agreement of the Parties and supersedes all oral and written agreements and understandings regarding the same or similar subject matter made or entered into by the Parties prior to the date hereof. Except as otherwise specifically provided in this Agreement, no amendment, change or modification of this Agreement shall be valid unless it is accepted in writing by both Parties, and any waiver of a failure to perform or of a breach shall not operate to waive any subsequent failure to perform or breach.

(c) The use of the singular in this Agreement shall apply to and mean the plural where appropriate. The use of the masculine or neuter pronoun in this Agreement shall apply to and mean the feminine where appropriate, and vice versa.

(d) The captions appearing at the commencement of the clauses hereof, if any, are descriptive only and for convenience in reference to this Agreement; and should there be any conflict between any such heading and the language of the clause at the head of which it appears, the language of the clause thereof, and not such heading, shall control and govern in the construction of this Agreement.

(e) You acknowledge that a violation or attempted violation of any of this Agreement will cause us such damage as will be irreparable; that the exact amount of damage would be difficult or impossible to ascertain, and for which there will be no adequate remedy at law. Accordingly, you agree that The Unsealed™ shall be entitled as a matter of right to an injunction, issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by us in obtaining such an injunction, including, without limitation, reasonable attorney fees at all levels of litigation. You agree that no bond or other security shall be required in connection with our application for any such injunction. 

(f) The Parties acknowledge that each has been advised by counsel, and/or been given the opportunity and recommendation to be advised by counsel, during the course of negotiation of this Agreement. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the party causing this Agreement to be drafted.