Our terms
Please read these Terms and Conditions (“Terms”,
“Terms of Service”, “Terms and Conditions”)
carefully before using the Upbase website and the Upbase application
(together, or individually, the “Service”) operated by
Upbase LLC (“us”, “we”, or
“our”).
Your access to and use of the Service is
conditioned upon your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users and others who wish to access
or use the Service.
By accessing or using the Service you
agree to be bound by these Terms. If you disagree with any part of the
terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to
newsletters, marketing or promotional materials and other information we
may send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions
provided in any email we send.
Subscriptions
The Service is billed on a subscription basis
(“Subscription(s)”). You will be billed in advance on a
recurring and periodic basis (“Billing Cycle”). Billing
cycles are set either on a monthly or annual basis, depending on the
type of subscription plan you select when purchasing a Subscription.
At
the end of each Billing Cycle, your Subscription will automatically
renew under the exact same conditions unless you cancel it or Upbase LLC
cancels it. You may cancel your Subscription renewal either through your
online account management page or by contacting Upbase LLC customer
support team.
A valid payment method, including credit card,
is required to process the payment for your Subscription. You shall
provide Upbase LLC with accurate and complete billing information
including full name, address, state, zip code, telephone number, and a
valid payment method information.
By submitting such payment
information, you automatically authorize Upbase LLC to charge all
Subscription fees incurred through your account to any such payment
instruments.
Should automatic billing fail to occur for any
reason, Upbase LLC will issue an electronic invoice indicating that you
must proceed manually, within a certain deadline date, with the full
payment corresponding to the billing period as indicated on the
invoice.
Refunds
For paid accounts, we provide a satisfaction guarantee for all services.
If you aren’t satisfied for any reason, simply contact us within
30 days, and we’ll be happy to issue a full refund. Kindly note,
however, that we reserve the right to revoke refund privileges (on an
individual basis) if we determine abuse of this policy has occurred.
In
the event you have a paid account, fees are non-refundable except as
required by law or in the event that you cancel your account during the
30-day money back guarantee period. You will pay all applicable fees
when due and, if such fees are being paid via credit card or other
electronic means, you authorize us to charge such fees using your
selected payment method. By default, customer accounts are set to
auto-renew and we may automatically charge you for such renewal on or
after the renewal date associated with your account unless you have
cancelled the Service prior to its renewal date. We may revise fee rates
for the Service from time to time and will provide you with email notice
of any changes in fees at least thirty (30) days prior to your Service
renewal date. You are responsible for providing complete and accurate
billing information to Upbase. We may suspend or terminate your use of
the Service if fees become past due. You are responsible for all taxes
(excluding taxes on our net income), and we will charge tax if required
to do so by law.
Free Trial
Upbase LLC may, at its sole discretion, offer a Subscription with a free
trial for a limited period of time (“Free Trial”).You may be
required to enter your billing information in order to sign up for the
Free Trial.If you do enter your billing information when signing up for
the Free Trial, you will not be charged by Upbase LLC until the Free
Trial has expired.
On the last day of the Free Trial period,
unless you cancelled your Subscription, you will be automatically
charged the applicable Subscription fees for the type of Subscription
you have selected.
At any time and without notice, Upbase LLC
reserves the right to (i) modify the terms and conditions of the Free
Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
Upbase LLC in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change
will become effective at the end of the then-current Billing Cycle.
Upbase
LLC will provide you with a reasonable prior notice of any change in
Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective. Your continued use of
the Service after the Subscription fee change comes into effect
constitutes your agreement to pay the modified Subscription fee
amount.
Content
Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for the Content that you
post on or through the Service, including its legality, reliability, and
appropriateness.
By posting Content on or through the
Service, You represent and warrant that: (i) the Content is yours (you
own it) and/or you have the right to use it and the right to grant us
the rights and license as provided in these Terms, and (ii) that the
posting of your Content on or through the Service does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.
You
retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting
those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through the Service. However,
by posting Content using the Service you grant us the right and license
to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You agree that this
license includes the right for us to make your Content available to
other users of the Service, who may also use your Content subject to
these Terms.
Upbase LLC has the right but not the obligation
to monitor and edit all Content provided by users.
In
addition, Content found on or through this Service are the property of
Upbase LLC or used with permission. You may not distribute, modify,
transmit, reuse, download, repost, copy, or use said Content, whether in
whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the
age of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or obsolete
information may result in the immediate termination of your account on
the Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited
to the restriction of access to your computer and/or account. You agree
to accept responsibility for any and all activities or actions that
occur under your account and/or password, whether your password is with
our Service or a third-party service. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of
your account.
You may not use as a username the name of
another person or entity or that is not lawfully available for use, a
name or trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization. You may not
use as a username any name that is offensive, vulgar or obscene.
Copyright Policy
We respect the intellectual property rights of others. It is our policy
to respond to any claim that Content posted on the Service infringes on
the copyright or other intellectual property rights
(“Infringement”) of any person or entity.
If you
are a copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that constitutes
copyright infringement, please submit your claim via email to
[email protected], with the subject line: “Copyright
Infringement” and include in your claim a detailed description of
the alleged Infringement as detailed below, under “DMCA Notice and
Procedure for Copyright Infringement Claims”You may be held
accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content
found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
-
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright’s interest;
- A
description of the copyrighted work that you claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work;
-
Identification of the URL or other specific location on the Service
where the material that you claim is infringing is located;
-
Your address, telephone number, and email address;
- A
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;
-
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.
Intellectual Property
The Service and its original content (excluding Content provided by
users), features and functionality are and will remain the exclusive
property of Upbase LLC and its licensors. The Service is protected by
copyright, trademark, and other laws of both the Singapore and foreign
countries. Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of Upbase
LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that
are not owned or controlled by Upbase LLC.
Upbase LLC has no
control over, and assumes no responsibility for the content, privacy
policies, or practices of any third party web sites or services.
We
do not warrant the offerings of any of these entities/individuals or
their websites.You acknowledge and agree that Upbase LLC shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such third party web sites or services.We strongly advise you to
read the terms and conditions and privacy policies of any third party
web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including
but not limited to a breach of the Terms.
If you wish to
terminate your account, you may simply discontinue using the Service.All
provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of
liability.
Indemnification
You agree to defend, indemnify and hold harmless Upbase LLC and its
licensee and licensors, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney’s fees), resulting from or arising out
of a) your use and access of the Service, by you or any person using
your account and password; b) a breach of these Terms, or c) Content
posted on the Service.
Limitation Of Liability
In no event shall Upbase LLC, nor its directors, employees, partners,
agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other
intangible losses, resulting from (i) your access to or use of or
inability to access or use the Service; (ii) any conduct or content of
any third party on the Service; (iii) any content obtained from the
Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort
(including negligence) or any other legal theory, whether or not we have
been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on
an “AS IS” and “AS AVAILABLE” basis. The Service
is provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement or course of
performance.
Upbase LLC its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function
uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected; c) the Service is free of
viruses or other harmful components; or d) the results of using the
Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or
the exclusion or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws
of Singapore, without regard to its conflict of law provisions.
Our
failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining provisions
of these Terms will remain in effect. These Terms constitute the entire
agreement between us regarding our Service, and supersede and replace
any prior agreements we might have had between us regarding the
Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will provide at least 30
days notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.By continuing
to access or use our Service after any revisions become effective, you
agree to be bound by the revised terms. If you do not agree to the new
terms, you are no longer authorized to use the Service.