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Welcome to YouUp,
operated by David Packard, LLC (“us,” “we,” the “Company” or “YouUp”).
By creating a YouUp
account, whether through a mobile device, mobile application or computer
this Agreement, and (iii) any terms disclosed and agreed to by you if you
purchase additional features, products or services we offer on the Service
(collectively, this “Agreement”). If you do not accept and agree to be bound by
all of the terms of this Agreement, please do not use the Service.
We may make changes to
this Agreement and to the Services from time to time. We may do this for a
variety of reasons including to reflect changes in or requirements of the law,
new features, or changes in business practices. The most recent version of this
Agreement will be posted on the Services under Settings and also on YouUp.io,
and you should regularly check for the most recent version. The most recent
version is the version that applies. If the changes include material changes
that affect your rights or obligations, we will notify you in advance of the
changes by reasonable means, which could include notification through the
Services or via email. If you continue to use the Services after the changes
become effective, then you agree to the revised Agreement.
You must be at least 18
years of age to create an account on YouUp and use the Service. By creating an
account and using the Service, you represent and warrant that:
you can form a
binding contract with YouUp,
you are not a
person who is barred from using the Service under the laws of the United
States or any other applicable jurisdiction–meaning that you do not appear
on the U.S. Treasury Department’s list of Specially Designated Nationals
or face any other similar prohibition,
you will comply
with this Agreement and all applicable local, state, national and
international laws, rules and regulations, and
you have never
been convicted of a felony and that you are not required to register as a
sex offender with any state, federal or local sex offender registry.
3. Your Account.
In order to use YouUp,
you may sign in using your Facebook login. If you do so, you authorize us
to access and use certain Facebook account information, including but not
limited to your public Facebook profile and information about Facebook friends
you share in common with other YouUp users. For more information regarding the
You are responsible for
maintaining the confidentiality of your login credentials you use to sign up
for YouUp, and you are solely responsible for all activities that occur under
those credentials. If you think someone has gained access to your account,
please immediately contact firstname.lastname@example.org.
4. Modifying the Services and Termination.
YouUp is always striving
to improve the Services and bring you additional functionality that you will
find engaging and useful. This means we may add new product features or
enhancements from time to time as well as remove some features, and if these
actions do not materially affect your rights or obligations, we may not provide
you with notice before taking them. We may even suspend the Services entirely,
in which event we will notify you in advance unless extenuating circumstances,
such as safety or security concerns, prevent us from doing so.
5. Safety; Your Interactions with Other Users.
Though YouUp strives to
encourage a respectful user experience through features like the double opt-in
that only allows users to communicate if they have both indicated interest in
one another, it is not responsible for the conduct of any user on or off of the
Services. You agree to use caution in all interactions with other users,
particularly if you decide to communicate off the Service or meet in person.
You should not provide your financial information (for example, your credit
card or bank account information), or wire or otherwise send money, to other
YOU ARE SOLELY
RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT YOUUP
DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE
INQUIRE INTO THE BACKGROUND OF ITS USERS. YOUUP MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS. YOUUP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL
BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES)
AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
6. Rights YouUp Grants You.
YouUp grants you a
personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and
non-sublicensable license to access and use the Services. This license is for
the sole purpose of letting you use and enjoy the Services’ benefits as
intended by YouUp and permitted by this Agreement. Therefore, you agree not to:
use the Service
or any content contained in the Service for any commercial purposes
without our written consent.
transmit, create any derivative works from, make use of, or reproduce in
any way any copyrighted material, images, trademarks, trade names, service
marks, or other intellectual property, content or proprietary information
accessible through the Service without YouUp’s prior written consent.
express or imply
that any statements you make are endorsed by YouUp.
use any robot,
bot, spider, crawler, scraper, site search/retrieval application, proxy or
other manual or automatic device, method or process to access, retrieve,
index, “data mine,” or in any way reproduce or circumvent the navigational
structure or presentation of the Service or its contents.
use the Services
in any way that could interfere with, disrupt or negatively affect the
Service or the servers or networks connected to the Service.
or other malicious code or otherwise compromise the security of the
forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
information transmitted to or through the Service.
“mirror” any part of the Service without YouUp’s prior written
use meta tags or
code or other devices containing any reference to YouUp or the Service (or
any trademark, trade name, service mark, logo or slogan of YouUp) to
direct any person to any other website for any purpose.
sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Service, or cause others to do
use or develop
any third-party applications that interact with the Services or other
users’ Content or information without our written consent.
use, access, or
publish the YouUp application programming interface without our written
probe, scan or
test the vulnerability of our Services or any system or network.
promote any activity that violates this Agreement.
The Company may
investigate and take any available legal action in response to illegal and/ or
unauthorized uses of the Service, including termination of your account.
Any software that we
provide you may automatically download and install upgrades, updates, or other
new features. You may be able to adjust these automatic downloads through your
7. Rights you Grant YouUp.
By creating an account,
you grant to YouUp a worldwide, transferable, sub-licensable, royalty-free,
right and license to host, store, use, copy, display, reproduce, adapt, edit,
publish, modify and distribute information you authorize us to access from
Facebook, as well as any information you post, upload, display or otherwise
make available (collectively, “post”) on the Service or transmit to other users
(collectively, “Content”). Our license to your Content is subject to your
rights under applicable law (for example laws regarding personal data protection
to the extent any Content contains personal information as defined by those
laws) and is for the limited purpose of operating, developing, providing, and
improving the Service and researching and developing new ones. You agree that
any Content you place or that you authorize us to place on the Service may be
viewed by other users and may be viewed by any person visiting or participating
in the Service (such as individuals who may receive shared Content from other YouUp
You agree that all information
that you submit upon creation of your account, including information submitted
from your Facebook account, is accurate and truthful and you have the right to
post the Content on the Service and grant the license to YouUp above.
You understand and agree
that we may monitor or review any Content you post as part of a Service. We may
delete any Content, in whole or in part, that in our sole judgment violates
this Agreement or may harm the reputation of the Service.
When communicating with
our customer care representatives, you agree to be respectful and kind. If we
feel that your behavior towards any of our customer care representatives or
other employees is at any time threatening or offensive, we reserve the right
to immediately terminate your account.
In consideration for YouUp
allowing you to use the Services, you agree that we, our affiliates, and our
third-party partners may place advertising on the Services. By submitting
suggestions or feedback to YouUp regarding our Services, you agree that YouUp
may use and share such feedback for any purpose without compensating you.
You agree that YouUp may
access, preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access, preservation or
disclosure is reasonably necessary, such as to: (i) comply with legal process;
(ii) enforce this Agreement; (iii) respond to claims that any Content violates
the rights of third parties; (iv) respond to your requests for customer
service; or (v) protect the rights, property or personal safety of the Company
or any other person.
8. Community Rules.
By using the Services, you agree that you will
use the Service
for any purpose that is illegal or prohibited by this Agreement.
money from or defraud any users.
person or entity or post any images of another person without his or her
intimidate, harass or defame any person.
post any Content
that violates or infringes anyone’s rights, including rights of publicity,
privacy, copyright, trademark or other intellectual property or contract
post any Content
that is hate speech, threatening, sexually explicit or pornographic;
incites violence; or contains nudity or graphic or gratuitous violence.
post any Content
that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual.
passwords for any purpose, or personal identifying information for
commercial or unlawful purposes from other users or disseminate another
person’s personal information without his or her permission.
account if we have already terminated your account, unless you have our
YouUp reserves the right
to investigate and/ or terminate your account without a refund of any purchases
if you have misused the Service or behaved in a way that YouUp regards as
inappropriate or unlawful, including actions or communications that occur off
the Service but involve users you meet through the Service.
9. Other Users’ Content.
Although YouUp reserves
the right to review and remove Content that violates this Agreement, such
Content is the sole responsibility of the user who posts it, and YouUp cannot
guarantee that all Content will comply with this Agreement. If you see Content
on the Services that violates this Agreement, please report it within the
Services or via email@example.com.
10. Notice and Procedure for Making Claims of
If you believe that your
work has been copied and posted on the Service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
an electronic or
physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
a description of
the copyrighted work that you claim has been infringed;
a description of
where the material that you claim is infringing is located on the Service
(and such description must be reasonably sufficient to enable us to find
the alleged infringing material);
information, including address, telephone number and email address;
statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
a statement by
you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
Notice of claims of
copyright infringement should be provided to the Company’s Copyright Agent via
email to firstname.lastname@example.org.
YouUp will terminate the
accounts of repeat infringers.
YOUUP PROVIDES THE
SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT
CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. YOUUP DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL
BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE
SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON
OR THROUGH THE SERVICES WILL BE ACCURATE.
YOUUP TAKES NO
RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS,
SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND
12. Third Party Services.
The Service may contain
advertisements and promotions offered by third parties and links to other web
sites or resources. YouUp is not responsible for the availability (or lack of
availability) of such external websites or resources. If you choose to interact
with the third parties made available through our Service, such party’s terms
will govern their relationship with you. YouUp is not responsible or liable for
such third parties’ terms or actions.
13. Limitation of Liability.
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOUUP, ITS AFFILIATES, EMPLOYEES,
LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY
LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE
CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING
USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR
CONTENT, EVEN IF YOUUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL YOUUP’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE
SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO YOUUP FOR THE SERVICE WHILE
YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE
EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. Arbitration, Class-Action Waiver, and Jury
Except for users residing
within the EU or European Economic Area and elsewhere where prohibited by
exclusive means of resolving any dispute or claim arising out of or relating to
this Agreement (including any alleged breach thereof) or the Service shall be
BINDING ARBITRATION administered by the American Arbitration Association
under the Consumer Arbitration Rules. The one exception to the exclusivity of
arbitration is that you have the right to bring an individual claim against the
Company in a small-claims court of competent jurisdiction. But whether you
choose arbitration or small-claims court, you may not under any circumstances
commence or maintain against the Company any class action, class arbitration,
or other representative action or proceeding.
using the Service in any manner, you agree to the above arbitration agreement.
In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any
claims between you and the Company (except for matters that may be taken to
small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS
ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a
NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all
issues regarding the arbitrability of the dispute. You are entitled to a
fair hearing before the arbitrator. The arbitrator can grant any relief that a
court can, but you should note that arbitration proceedings are usually simpler
and more streamlined than trials and other judicial proceedings. Decisions by
the arbitrator are enforceable in court and may be overturned by a court only
for very limited reasons.
proceeding to enforce this arbitration agreement, including any proceeding to
confirm, modify, or vacate an arbitration award, may be commenced in any court
of competent jurisdiction. In the event that this arbitration agreement is for
any reason held to be unenforceable, any litigation against the Company (except
for small-claims court actions) may be commenced only in the federal or state
courts located in Dallas County, Texas. You hereby irrevocably consent to the
jurisdiction of those courts for such purposes.
Agreement, and any dispute between you and the Company, shall be governed by
the laws of the state of Texas without regard to principles of conflicts of
law, provided that this arbitration agreement shall be governed by the Federal
online dispute settlement platform of the European Commission is available
under http://ec.europa.eu/odr. YouUp does not take
part in dispute settlement procedures in front of a consumer arbitration entity
for users residing in the EU or European Economic Area.
15. Governing Law.
For users residing in the
EU or European Economic Area or elsewhere where our arbitration agreement is
prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of
laws rules, will apply to any disputes arising out of or relating to this
Agreement or the Services. For the avoidance of doubt, the choice of Texas
governing law shall not supersede any mandatory consumer protection legislation
in such jurisdictions.
Except for users residing
in the EU or European Economic Area, who may bring claims in their country of
residence in accordance with applicable law, all claims arising out of or
relating to this Agreement or the Services will be litigated exclusively in the
federal or state courts of Dallas County, Texas, U.S.A., and you and YouUp
consent to personal jurisdiction in those courts.
17. Indemnity by You.
You agree, to the extent
permitted under applicable law, to indemnify, defend and hold harmless YouUp,
our affiliates, and their and our respective officers, directors, agents, and
employees from and against any and all complaints, demands, claims, damages,
losses, costs, liabilities and expenses, including attorney’s fees, due to,
arising out of, or relating in any way to your access to or use of the
Services, your Content, or your breach of this Agreement.
18. Entire Agreement; Other.
and agreed to by you if you purchase additional features, products or services
we offer on the Service, contains the entire agreement between you and YouUp
regarding the use of the Service. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and
effect. The failure of the Company to exercise or enforce any right or
provision of this Agreement shall not constitute a waiver of such right or
provision. You agree that your YouUp account is non-transferable and all of
your rights to your account and its Content terminate upon your death. No
agency, partnership, joint venture or employment is created as a result of this
Agreement and you may not make any representations or bind YouUp in any manner.