Terms of Service
1. Eligibility and Account Rules. You represent and warrant that you are at least 18-year-old and, if acting on behalf of an entity or any third party, that you have the legal authority to represent that entity / third party. You are required to keep your username and password private and confidential and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to suspend your access to the service at any time in our sole discretion, or for other reasons like unpaid fees and violation of these Terms of Service. You shall not use the site or your ûp account for any purpose competitive to ûp and you will notify ûp immediately of any unauthorized use of your ûp account. ûp may terminate your account and refuse any and all current or future use of the site, or any portion thereof:
1. in order to comply with applicable Law,
2. if you provide any information that ûp determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete),
3. if ûp determines, in its sole discretion, that you are using your account in a manner not permitted by these Terms of Service, or
4. in other circumstances, as ûp deems appropriate in its sole discretion.
2. Intellectual Property and Data Security.
1. Our IP: You are granted a limited, non-exclusive, non-transferable license to use the Service according to these Terms or Service. ûp content, software and design are fully covered by national and international intellectual property law, and you are forbidden to reproduce or imitate the likeness or experience of the site without our written permission. You are free to use parts of content that already belong to the public domain, but ûp results and reports are not for reproduction, in full or part, without our written permission. As the world’s first marketplace for business models (June 2016), the brand collateral of www.ûp.com and educational resources provided by ûp are corporate IP of ûp, which should be deemed primary, as far as global intellectual property rights in relation to the industry of the business model marketplace. “IP. Innovation. Value.” and “Business Model Marketplace”, are service marks of ûp and the ûp logo is a trademark of ûp
3. Disclaimer of Warranties, Limitations of Liability and Indemnification. Your use of ûp is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. Because the site is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information. We also disclaim any legal liability related to the accuracy or completeness of the ûp results and reports. The Service is not a substitute for legal advice and no attorney-client relationship is created.
4. Restriction of Use. You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking, reverse engineering, crawling or otherwise tampering the site in any manner. No right, title or interest in or to the site is transferred to you, and all rights not expressly granted are reserved. Any use of the site not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
5. Third-party Links. This site may contain links to other websites or resources that are operated by third parties not affiliated with ûp. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. ûp is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. ûp is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
6. Feedback. We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.
7. Termination and survival. You can terminate this agreement by deleting your account. Articles 2 (Intellectual Property and Data Security), 3 (Disclaimer of Warranties, Limitations of Liability and Indemnification), 4 (Restriction of Use), 5 (Third-party Links), 6 (Feedback), 7 (Termination and Survival), 8 (Governing Law and Jurisdiction), and 9 (Waiver and Severability) will survive any termination or expiration of these Terms.
8. Governing law and Jurisdiction. These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the country of New Zealand without giving effect to any choice or conflict of law provision or rule.
9. Waiver and Severability. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ûp and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Should you have any question, you can contact ûp here. These terms are effective immediately at the time of publication.