Terms of Service
Effective September 01, 2019
Unicorn Dream Factory LLC provides the Period iOS application ("Period") to you subject to the following Terms of Service. By accessing and using Period, you accept and agree to be bound by the terms and provisions of these Terms of Service, which may be updated at any time without notice to you.
These Terms constitute the entire agreement between you and Unicorn Dream Factory LLC. They govern your use of Period, superseding any prior version.
Service
You understand and agree that:
- Unicorn Dream Factory LLC provides Period "AS IS" at your sole risk.
- Unicorn Dream Factory LLC is not a licensed medical care provider, and Period should not be used in any way to replace professional medical advice, diagnosis, or treatment.
- Unicorn Dream Factory LLC may modify or discontinue Period with or without notice. You agree that Unicorn Dream Factory LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuation of Period.
All right, title, and interest in and to Period are and will remain the exclusive property of Unicorn Dream Factory LLC.
Privacy
Unicorn Dream Factory LLC collects and uses information. When you use Period, you accept and agree to our practices as outlined in our Privacy Policy.
Obligations
You represent that you are of legal age to form a binding contract with Unicorn Dream Factory LLC and are not a person barred from accessing and using Period under the laws of the United States or other applicable jurisdiction. You are responsible for your use of Period and any consequences that may arise as a result.
You agree to the following:
- You will not use Period to engage in activities that are unlawful, deceptive, harmful, hurtful, hateful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, in any way objectionable, or violates any applicable local, state, national, or international laws.
- You will not engage in any unauthorized reproduction, duplication, modification, publication, distribution, sale, trade, exploitation, or other use of the materials related to Period, in whole or in part, including its source code and other software. You will not engage in or allow others to engage in the creation of derivative works. You will not attempt to or engage in reverse engineering, reverse assembly, or other method of discovery involving Period software. You will not use or attempt to gain unauthorized access to Period.
- You will not display, use, modify, or distribute the trademarks, trade names, service marks, other logos, brand features, and product names related to Unicorn Dream Factory LLC without its prior permission.
- You will not use Unicorn Dream Factory LLC to engage in unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
- You will not interfere with or disrupt Period or disobey any requirements, procedures, policies, or regulations of networks connected to Unicorn Dream Factory LLC. You will not upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, interfere, or limit the functionality of any computer hardware or software.
- You will not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- You are responsible for the hardware, software, and any third-party fees (e.g. airtime charges) involved in accessing Period.
Copyright & Intellectual Property
Unicorn Dream Factory LLC respects the intellectual property of others and expects you to do the same. If you believe that your intellectual property rights have been violated or your work has been copied in a way that constitutes copyright infringement, please provide Unicorn Dream Factory LLC with:
- a description of the intellectual property or copyrighted work that you claim has been infringed
- the location where the material that you claim is infringing can be found on Period
- a written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law
- a written statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright or intellectual property owner or authorized agent acting on the owner's behalf
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- your mailing address, telephone number, and email address
Send this information to our agent for notice of claims of copyright or other intellectual property infringement via email to period@unicorndreamfactory.com or mail to Unicorn Dream Factory LLC, P. O. Box 193612, San Francisco, CA 94119.
Indemnity
You agree to defend, indemnify, and hold harmless Unicorn Dream Factory LLC and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from and against any claims, actions, demands, liabilities, and settlements connected with your use of Period, violation of the Terms of Service, or any other actions connected with your use of Period, including any liability or expense arising from any and all claims, damages, losses, suits, judgments, litigation costs, and attorney's fees, of every kind and nature.
Miscellany
You understand and agree that:
- The Terms of Service and the relationship between you and Unicorn Dream Factory LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Unicorn Dream Factory LLC, shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Unicorn Dream Factory LLC agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
- The failure of Unicorn Dream Factory LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Period or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- In no event shall Unicorn Dream Factory LLC, its officers, directors, agents, affiliates, or employees be liable in any way for any direct, indirect, incidental, consequential, or other damages or injury related to the use or inability to use Period.
- Your agreement to the Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Period in an authorized manner.
- You are not entitled to any compensation or reimbursement of any kind from Unicorn Dream Factory LLC under any circumstances.
- The formatting and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.