Terms & Conditions - The Unplugged Network

Summary of The Unplugged Network’s Terms and Conditions

Acceptance: By using the Services, you agree to the Terms and Conditions, Mighty Networks Privacy Policy (https://www.mightynetworks.com/privacy-policy), Community Guidelines, Safety Tips, and any terms related to in-app purchases.
Eligibility: You must be at least 18 years old and meet certain eligibility criteria, such as not being a convicted felon or sex offender, to use the Services.
Modifying Services/Termination: The Unplugged Network may modify or discontinue its services at any time. You can terminate your account, but they can also terminate it if you violate the terms.
Content: You are responsible for the content you upload or provide while using the service. You cannot post illegal or inappropriate content. You do not own the platform’s or other users’ content.
Safety: The platform is not responsible for users’ actions or interactions, and does not conduct background checks. Follow safety tips when interacting with others.
Rights: The platform grants you a limited right to use the service under this agreement. You also give The Unplugged Network permission to use your content, including displaying your profile.
Rules: You agree to follow rules such as not soliciting money, harassing others, or using the service for illegal purposes.
In-App Purchases: Purchases made through mobile platforms (Google Play, App Store) are governed by those platforms. Most purchases are non-refundable, and some renew automatically.
Copyright: If you believe your copyrighted work has been posted on the platform without permission, you can notify customer service.
Disclaimers: The service is provided “as is,” and the platform disclaims liability for its quality, safety, or reliability.
Limitation of Liability: The platform limits its liability for damages to the fees you paid for the service, within the boundaries allowed by law.
Arbitration: Disputes will be resolved through arbitration, not in court. This doesn’t apply to users in certain regions, like the European Economic Area or the UK.
Indemnity: You agree to indemnify The Unplugged Network for any issues arising from your use of the service or violation of the terms.
Special Terms: Additional terms may apply based on your country or state of residence.

These summaries are meant to simplify the agreement, but you should read the full Terms and Conditions for a complete understanding.

Full Terms and Conditions

Before creating an account on The Unplugged Network, you must meet certain eligibility requirements, including being at least 18 years old, legally qualified to enter a contract, not located in a restricted country, and not having a criminal background involving serious crimes (such as felonies or sex crimes). You also must not be required to register as a sex offender or have more than one account on the platform.

If you no longer meet these requirements, your access is revoked, and you must delete your account. The platform retains the right to remove your access without warning.

You agree to:

Comply with the Terms, laws, Community Guidelines, and Safety Tips.
Protect your login information and check for updates to the terms.

You agree not to:

Misrepresent yourself or misuse the Services.
Damage, disrupt, or interfere with the platform or other users.
Post prohibited content or engage in illegal activities.
Solicit money, personal information, or misuse others’ accounts.
Violate intellectual property rights or the terms of the platform’s license.
Use the Services for fraud, harassment, or political influence.
Upload malicious code or bypass platform protections.

Failure to comply with these responsibilities will result in automatic revocation of your access.

The Unplugged Network enforces a zero tolerance policy for behaviors like scamming, threats to safety, harassment, stalking, and the presence of underage users. Users can be permanently banned for violating these guidelines.

Rules

Respectful communication is required, avoiding denigration based on religion, ethnicity, race, political beliefs, disability, etc.
No scamming, asking for financial assistance, or exchanging favors for money.
Never share personal sensitive information (e.g., social security, credit card, bank details).
Impersonating others or using fake identities is prohibited.
Threats, intimidation, harassment, or stalking will result in bans.
Minors (under 18) are not allowed to use the platform.
No spamming, excessive profanity, or posting explicit links.
Explicit images or videos, including sexual or abusive material, are prohibited and may be reported to law enforcement.
Users with criminal records, including felony convictions or sex offenses, are ineligible to use the platform.

The Unplugged Network prohibits uploading or sharing content that:

Is offensive, abusive, or causes psychological distress.
Contains obscenity, violence, nudity, or pornographic material.
Promotes discrimination, hate, racism, or bigotry.
Encourages illegal activities or harmful behavior (e.g., terrorism, self-harm).
Is defamatory, false, or damaging to the platform’s reputation.
Relates to commercial activities like sales, advertising, or sex work.
Contains malicious software (e.g., viruses, spyware).
Infringes on intellectual property or privacy rights.
Includes images of others without consent, especially minors in inappropriate situations.
Is inconsistent with the platform’s intended use.

Violating these guidelines may result in account suspension or termination.

Content

Your Content: You are responsible for the content you upload or provide, including any text, images, or media. Ensure it complies with the Terms, and avoid sharing personal information (e.g., addresses, payment details). By uploading content, you grant The Unplugged Network a license to use it. We may remove or limit access to your content at our discretion.

Member Content: Content shared by other users belongs to them, and you cannot copy or misuse it. Always verify the accuracy of Member Content. Unauthorized use may result in account termination.

Our Content: The Unplugged Network owns or licenses all other content on the platform, such as graphics, logos, and trademarks. You are granted a limited license to access and use it as intended.

Inappropriate Content and Misconduct: We do not tolerate inappropriate content or behavior. Users can report misconduct, and we may take actions, including banning accounts, to ensure community safety.

Privacy

The Unplugged Network values your privacy. For details on how we collect, use, and share your personal data, please refer to our Privacy Policy. By using our services, you agree to the use of your personal data as outlined in the Privacy Policy.

Rights

The Unplugged Network grants you a personal, non-transferable, non-sublicensable, revocable license to use its Services, provided you comply with the Terms. If you fail to comply, this license is revoked.

In exchange, by creating an account, you grant The Unplugged Network a broad, perpetual, royalty-free license to use, store, adapt, copy, display, and distribute your content in any format or medium, including from third-party sources (like Facebook). This license allows the company to use your content, including creating derivative works, and to act on your behalf if your content is used infringing outside the platform. However, the company is not obligated to take action against such misuse.

By using the Services, you agree that The Unplugged Network may display advertisements and use your feedback without compensation. Additionally, the platform may access and disclose your account information and content if required by law or to protect its rights, respond to customer service requests, or investigate illegal activities.

Purchases and Automatically Renewing Subscriptions

The Unplugged Network offers products and services that can be purchased either through external services (such as iTunes or Google Play) or directly via the website or app (referred to as Internal Purchases).

Subscription Renewals: Subscriptions, whether through external or internal services, automatically renew until canceled. If canceled, access continues until the current subscription period ends.
External Service Purchases: When purchasing through an external service (e.g., Apple ID or Google Play), you manage your subscription directly through that service. Automatic renewals will continue until canceled through the external service account. A chargeback may lead to account termination.
Internal Purchases: For purchases made on The Unplugged Network’s website or app, the subscription renews automatically until canceled. You can cancel subscriptions by accessing your account settings. If a payment fails, The Unplugged Network may continue to attempt billing and update payment information.

Refunds and account terminations may apply in cases of chargebacks or payment reversals.

Refund Policy

General Rule: All purchases are typically nonrefundable, and there are no refunds for partially used periods unless required by local laws.
EU, EEA, UK, and Switzerland: Subscribers are entitled to a full refund within 14 days after the subscription begins.
Germany: Subscriptions can be terminated with a one-month notice after renewal. Right to terminate for cause remains unaffected.
Republic of Korea: Subscribers can request a full refund of their subscription and unused virtual items within 7 days of purchase.
US States (Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin) and Israel: Subscribers can cancel their subscription within 3 business days of subscribing. If the subscriber dies or becomes disabled before the subscription ends, their estate or they are entitled to a refund for the unused portion of the subscription.

Account Termination

You can delete your account anytime by going to “Settings” and selecting “Delete Account.” Make sure to manage any subscriptions through third-party services like iTunes or Google Play to avoid further charges.
The Unplugged Network can suspend or terminate your account if it believes you violated the Terms or misused the Services. This can happen without prior notice and without a refund.
Termination does not relieve you of obligations under the Terms, and your information will be managed as per the Privacy Policy.

No Criminal Background or Identity Verification Checks

The Unplugged Network does not conduct criminal background or identity verification checks on users.
While the platform encourages respectful behavior, it is not responsible for users’ conduct on or off the Service. You are responsible for your interactions with other users and should exercise caution, especially when communicating or meeting in person.
The Unplugged Network reserves the right to conduct background checks at any time but is not obliged to do so.

Disclaimer

The Unplugged Network provides its services “as is,” without any guarantees or warranties. They do not promise that the services will be uninterrupted, secure, or error-free. The company disclaims all warranties, including implied ones related to quality, fitness for purpose, and accuracy of content. They also do not guarantee the number of active users or the compatibility of users you may interact with.

The Unplugged Network is not responsible for any content shared or interactions between users, nor for the identity or intentions of those users. Any content downloaded or obtained through the service is at your own risk, and the network is not liable for any damage to your devices or technology from security breaches, viruses, bugs, or other disruptions.

COPYRIGHT INFRINGEMENT POLICY (Canada’s Notice and Notice Act)

We take copyright infringement very seriously and are committed to addressing it promptly and effectively. The Unplugged Network follows the Notice and Notice Act for managing claims of copyright infringement in Canada.

If you believe that any Member Content or Our Content infringes upon your intellectual property rights, you may submit a Notice of Infringement under the Notice and Notice Act. Your notice should include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed exclusive right;
Identification of the copyrighted work that is claimed to have been infringed, or if multiple works are covered by the same notice, a representative list of those works;
Identification of the material that is claimed to be infringing or the subject of infringing activity, including the URL or other location of the material, and information sufficient to help the service provider locate the material;
Information to contact you, such as your address, phone number, and email address (if available);
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner of the allegedly infringed work.

Ads and Third-Party Content

The Unplugged Network’s Services may display advertisements and promotions from third parties, as well as links to external websites or resources. However, the Network does not endorse or take responsibility for these third-party products, services, or websites. If you choose to interact with third parties, their terms and conditions will apply, and The Unplugged Network is not liable for any actions or terms of these external parties. Additionally, advertisements in exchange for Virtual Items are not guaranteed to be always available or accessible.

Limitation of Liability

The Unplugged Network’s liability is limited to the maximum extent permitted by law. It will not be liable for indirect, consequential, or punitive damages, including loss of profits, data, or goodwill, resulting from issues like access difficulties, user or third-party conduct, or unauthorized alterations of content. The total liability is limited to $100 USD or the amount you paid for the services in the 24 months prior to filing a legal claim, whichever is greater. This limitation applies regardless of the legal grounds (contract, tort, statute, etc.).

Dispute Resolution

In the event of a legal dispute, the dispute resolution process will be followed, except where prohibited by law. Certain sections do not apply to users in the EU, EEA, UK, or Switzerland. The European Commission provides an online platform for dispute resolution, but The Unplugged Network does not participate in procedures before consumer arbitration entities in these regions.

Informal Dispute Resolution Process

If you’re dissatisfied with The Unplugged Network’s services, contact customer service first to resolve concerns. If a dispute arises, it must be resolved through a process before arbitration or small claims court. A “Dispute” is any claim related to this Agreement, services, or relationship with The Unplugged Network, including claims before or after the Agreement’s term.

Before pursuing a dispute, you must send a detailed notice to The Unplugged Network, including your full name, account information, a description of your dispute, and the relief sought. The company will also send a similar notice to you if it has a dispute. Both parties agree to negotiate in good faith, including potential phone conferences to resolve the dispute. If unresolved within 60 days, arbitration or small claims court may be pursued.

This informal process must be completed before pursuing arbitration or court action (except for certain claims like sexual assault). Failure to do so is a breach of the Agreement. Arbitration proceedings will not proceed unless this process is followed. All statements made during this process are confidential and inadmissible in future legal proceedings, except as necessary to prove compliance with the dispute resolution steps.

Individual Relief: Class Action and Jury Trial Waiver

To the fullest extent allowed by law, both you and The Unplugged Network waive the right to a jury trial and agree to resolve disputes through individual arbitration, not court (except for small claims or individual claims of sexual assault or harassment). Neither party can file or participate in a class action, and claims cannot be arbitrated or litigated on a class, collective, or representative basis.

Arbitration may only award relief for the individual party’s claim, not for others. If a court finds any of these restrictions unenforceable for a specific claim (like public injunctive relief), that claim may proceed in court, but other claims will still go through arbitration. If the arbitration agreement is found unenforceable, the entire arbitration provision (except for the jury trial waiver and informal dispute process) will be void. This waiver is a key part of the arbitration agreement.

Dispute Resolution Through Arbitration or Small Claims Court

Disputes that are not resolved informally with The Unplugged Network must be resolved through binding individual arbitration. However, either party can opt to take a claim to small claims court, and individual claims of sexual assault or harassment can follow a different process. If small claims court is chosen after arbitration has begun, the arbitration will be closed.

Arbitration Process

Claims cannot be consolidated into class actions; each must be resolved individually.
Arbitration decisions are final unless appealed under applicable law. A court may intervene only for equitable relief.

Arbitration Procedures

Commencing Arbitration: Either party must send a demand for arbitration to NAM and the other party. The arbitration provider will close any demand that doesn’t meet the necessary requirements.
Fees: Arbitration fees follow NAM’s rules, but The Unplugged Network will pay fees if they initiate arbitration. If you face financial hardship, the company will consider requests to cover your costs.
The Arbitrator: A neutral arbitrator handles the case and can modify terms if unfairness is found. The arbitration must be fair and based on the evidence presented.
Discovery: Limited discovery (documents and interrogatories) is allowed. Disputes over discovery are resolved by the arbitrator.
Confidentiality: Confidential information must remain private unless used in the arbitration or enforcement process.
Hearing: Either party can request an oral hearing, but both must attend. Failure to attend may lead to a default judgment.

Arbitration Awards

Arbitration decisions are binding and include a written rationale within 30 days. The decision is final unless appealed and does not set a precedent for other cases.

Mass Arbitration Protocols

If there are 25+ similar claims against The Unplugged Network (a Mass Filing), specific protocols apply, including bellwether proceedings (where a small set of cases are selected for arbitration to help resolve others). Additional rounds of arbitration may be conducted if needed.
Settlement Offers: A party can make a settlement offer before the hearing, and if the offer is not accepted, they may be awarded costs if the final ruling is more favorable than the offer.

This section outlines how disputes should be resolved, emphasizing individual arbitration while allowing for exceptions for small claims or specific claims like sexual harassment or assault. It also explains the processes, fees, and procedures for arbitration, particularly in large-scale claims.