Effective Date: July 10, 2016
Last Modified: July 10, 2016
We have placed this detail over and above all of our other terms because it is the most important (although it is also referenced below). Please note that the Uplust.com platform is only open to consenting adults looking to express themselves in the form of posting photo, video and messaging. We have zero tolerance for any minors on the Uplust.com platform, whether such individuals are actually minors or pretending to be minors perhaps in a misguided attempt at role-play. Moreover, we have zero tolerance for any image of any minor being uploaded to our platform for any reason. Please be advised that we reserve the right to and do report each and every suspected minor to the National Center for Missing and Exploited Children and any and all other law enforcement agencies we feel appropriate. If you believe that a minor is using the site, we request and encourage members to report each and every user he or she encounters which he or she believes or suspects to be under the age of eighteen. All reports are reviewed within minutes of our receipt, if not seconds. If you are a minor, you must immediately leave this site now. You are not legally permitted on Uplust for any reason, and if we find you on this site, we will report you to law enforcement as mentioned above. We will not reactivate you for any reason ever.
With respect to all other matters, we have attempted to keep our rules to a minimum only imposing those we feel are necessary for the safety of our users and the continued operation of Uplust.com.
When you sign up for or otherwise use any service within Uplust.com website (collectively, the “Site,” “we,” “our,” “us,” or other appropriate first-person terms), all of which services are hereinafter referred to collectively as the “Service,” you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between you, the website user (sometimes referred to herein as “User,” “you,” “your,” or other appropriate second-person terms), and the Site (such agreement is referred to herein as the “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR OTHERWISE USE THE SERVICE. BY USING THE SERVICE, YOU ARE DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME.
- Right to Use. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
- THIS SERVICE IS FOR ADULTS ONLY! You represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”). The Site and Service are intended for adults only. By using the Site and Service you agree that you have reached the Age of Majority. We reserve the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of this section. We additionally reserve the right to terminate your account and report you to the proper authorities in the event that we suspect, in our sole and absolute discretion, that someone who is not the Age of Majority has used your account.
- WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
- All depictions of all persons on the Site are provided under an obligation of the producer therefore to upload or stream videos or images portraying persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no underage models appear in any video or image on the Site. We report all images of minors to law enforcement including the National Center for Missing and Exploited Children (“NCMEC”) regardless of the state of dress of such minor or the purported purpose of posting. We will not contact you prior to reporting such images. We will simply terminate your account and provide the suspect images and all information to NCMEC. DO NOT UPLOAD ANY IMAGES OF ANY MINOR FOR ANY REASON.
- If you seek any form of child pornography (including so-called “virtual” child pornography), You must exit the Site immediately. We do not provide this kind of material and we do not tolerate those who provide this kind of material, nor do we tolerate consumers of this kind of material.
- In order to further our zero-tolerance policy, you agree to report any images which you have reason to believe depict minors on the Site by clicking the “Report” link at the bottom of each media page on the Site. Include with your report any appropriate evidence, including the date and time of identification. All reports will be investigated and the appropriate action will be taken based upon our reasonable ability to verify the evidence provided.
- We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to asacp.org.
- Code of Conduct. You agree to use the Service in accordance with the following Code of Conduct:
- You are solely responsible for any information that you post, display or say through the Site and/or Service. You agree to keep all information contained on or provided through the Site and/or Service as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you;
- You are aware that the Service contains explicit adult oriented materials provided only by and to consenting users who are at least the Age of Majority;
- In the event that You request, upload, stream and/or share any image(s) of any minor, as mentioned above, we will not contact you. We will simply terminate your account and report you to NCMEC and any and all law enforcement we, in our sole and exclusive discretion, determine appropriate;
- You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains may be libelous, slanderous, harassing, abusive or defamatory statements, or racist, obscene, offensive or other language which does not coincide with your local laws and community standards;
- Users are allowed to freely interact with other users on the Site, or they may choose to block other users from communicating with them, and it is completely up to the user to choose who they talk to on the Site and they may ignore anyone and may ban anyone from communicating with them;
- You will not post any message, picture or recording or use the Service in any way which:
- violates, plagiarizes or infringes upon the rights of any third party, including, but not limited to, any copyright or trademark law, privacy or other personal or proprietary rights, or
- is fraudulent or otherwise constitutes unlawful conduct in connection with your use of the Service or violates any law.
- You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
- Your access to the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts to other users;
- You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
- You will not forward any chain letters, advertisements, spam, or any such commercial message through the Service.
- Illegal and Prohibited Conduct. In addition to the foregoing “Code of Conduct,” people appearing on the Site are prohibited from doing any of the following:
- There can be no minors, children, babies or unauthorized persons on photo or video or in the same room. In the event that any such minor appears on photo or video, we will immediately report you to NCMEC and any and all law enforcement we feel, in our sole and absolute discretion, appropriate.
- Bestiality, or animals/pets on photo or video in a sexual or provocative context, or illegal drugs (or drugs that may be perceived as illegal in other locations, e.g. medicinal marijuana), are strictly prohibited.
- Overly large sex toys or animal-shaped sex toys may not be used on photo or video, and objects may not be used as sex toys unless they are typically marketed and sold for that purpose. Please email [email protected] for authorization to incorporate any type of mechanical device, tool, “sex machine” or other unusual equipment into your media post (whether controlled by you or remotely by users of the Site), providing a detailed proposal. We may require you to sign a waiver and release of liability in order to use certain devices on the Site. Any authorization or permission we give to you may be revoked by us at any time and for any reason, without notice, in our sole and absolute discretion.
- Consumption of alcohol is not allowed.
- Performing while intoxicated, whether from drugs (whether prescription, legal or illegal) or alcohol, is strictly prohibited.
- Incest (sexual relations involving family members) is not allowed.
- Excessively degrading dialog or verbal abuse is not allowed.
- Display of or reference to menstruation is not permitted.
- “Bukakke” scenes are not allowed.
- “Goatse” displays are prohibited.
- Illegal or unsafe activity of any kind, violence, blood, torture, pain, erotic asphyxiation, fisting, rape themes, or any actions associated with bringing harm to you, in any way, is prohibited.
- You may not record from a public place or from a studio or set that creates the impression that you are a public place.
- You are prohibited from recording outdoors unless the photo or video is done from private property, with the property owner’s consent, and in an area that is not visible from any neighboring property.
- You may not discuss or arrange prostitution or escort services.
- Any action that may be deemed obscene in your community is prohibited.
- You may exchange information with members of the Site, including contact information, but you MAY NOT use members’ information to provide webcam shows or receive payments outside of the Site. If you sell something to a member, e.g., underwear, or performs any other miscellaneous transaction, the sale must be completed in exchange for Virtual Money (defined below).
- You are not allowed to advertise commercial websites that offer live webcam streams, under any circumstances, but you MAY mention your own personal profiles, homepages and wish lists.
- You are not allowed to ask for members’ account information or to log in using accounts that do not belong to them.
- You are prohibited from making any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage, or in any way criticize the Site or Service.
The foregoing list is non-exclusive, and we may, at any time, prohibit any activity that we determine, in our sole and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or part of the Service at any time, with or without notice, for engaging in any inappropriate activity.
- Content Posted on the Site.
- By agreeing to the Terms and Conditions of this Agreement, you represent and warrant that all images and videos you upload to the Site do not in any way infringe on any third party’s intellectual property rights. The Site hereby asserts immunity with respect to all content provided by members or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. Members and others are prohibited from uploading, sharing or in anyway sharing or describing to anyone on or through the Site/Service any images, videos or matters which, in our sole opinion, might be illegal or offensive, including, but not limited to, any content involving bestiality, urination, other bodily excretions, defamatory material or otherwise obscene material or any conduct that violates the prohibitions set forth under the “Code of Conduct,” above, or any other provision of this Agreement. You may not use the Service or the Site to solicit any information that might be used for unlawful purposes or encourages unlawful activities.
- We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, the “Materials”) that you transmit, submit, display or publish (“post”) on, through or in connection with the Service. After posting the Materials on, through or in connection with the Service, you continue to retain any such rights that you may have in them, subject to the license herein. By posting the Materials on, through or in connection with the Service, you hereby grant to the Site a non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute the Material, including, without limitation, distributing part or all of the Materials, in any media formats and through any media channels. In addition to the foregoing license, you hereby authorize us to send takedown demands, pursuant to the United States’ Digital Millennium Copyright Act (the “DMCA”), to any service provider hosting reproductions of the Materials that have been taken from the Site (e.g., a video clip bearing our watermark).
- You may not use the Site or Service for commercial purposes, including, but not limited to, marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, the Site reserves the right, in the Site’s sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all law enforcement that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Site as a result of content you have shared in, or as a result of you engaging in any prohibited activities, you agree to indemnify and hold the Site harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that the Site may incur as a consequence of your posting of such content or engaging in such prohibited activities.
- Members’ Obligations Under 18 U.S.C. § 2257. You should be aware that, pursuant to federal law, any visual depictions that you post, share or perform on the Site which portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)-(iv) and 2257A, require that you maintain the records required by 18 U.S.C. § 2257, and any such postings must contain an “18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of federal law.
- Use of Information on Service. You acknowledge and agree that:
- We cannot ensure the security or privacy of information you provide through the Internet, or otherwise; you release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
- We are not responsible for, and cannot control, the use of any information, by anyone, which you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
- We cannot assume any responsibility for the content of any message sent by any user on the Service, and you release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users;
- You acknowledge that you cannot bring legal action against the Site or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service;
- Any and all images and videos uploaded to the Service and/or Site become licensed property of the Site and may be used by the Site, without any restriction(s), as marketing materials. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload to the Site/Service for marketing the Site and Service in our sole discretion; and
- You may not use the Service for any unlawful purpose. We may refuse to grant you or discontinue your use of a user name, for whatever reason, including, but not limited to, that the user name you have chosen impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
- On- and Off-site Interactions/Meetings. The Site does not recommend or condone any form of user interaction outside of the Site and, as disclosed elsewhere in this agreement, your use of and interactions through the Site are at your own risk. Use of the Site to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your account to immediate termination. If do you elect to legally interact with any member of the Service outside of the Site, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of such election to interact, whether in person or otherwise, outside of the Site.
You should, at a minimum, consider the following precaution if meeting or corresponding with anyone on any social networking website:
- Anyone who is able to commit identity theft can also falsify a member profile.
- There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
- Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your member profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
- If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, which should be in a public place with many people around.
- All moneys and gifts sent by you to any other user directly or indirectly whether through the Site or off of the Site is at your own risk. We will not intervene or become involved in any dispute between any users.
- Your Representations and Warranties. By using the Service, you thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
- You are not prohibited by law from using the Service and that you have the right, authority and capacity to enter into this Agreement and to abide by all of its Terms and Conditions as posted here and as amended from time to time.
- You are familiar with the laws in your area that may affect your legal right to access erotica or adult-oriented material, and you have the legal right to access such material and the Site has the legal right to transmit such material to you in your location;
- You understand that, through use of the Service, you will be exposed to visual images and videos, verbal descriptions audio sounds and other features and/or products of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity, and you are voluntarily choosing to do so, because you want to view, read and/or hear the various materials and/or order and enjoy the use of such products or features, which are available, for your own personal enjoyment, information and/or education;
- Your choice to use the Service is a manifestation of your interest in sexual matters which, you believe, are both healthy and normal and which, in your experience, is generally shared by average adults in your community.
- You are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter through use of the Service are within those standards;
- In your judgment, the average adult in your community accepts the consumption of such materials by willing adults, in circumstances such as those under which the Service is provided, offering reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
- It is your desire to share and/or to invite others to share your own private and personal behaviors and to comment, rate, criticize, organize and recommend based on what you are exposed to, by utilizing the Services, while inviting others to do the same.
- You have not notified any governmental agency, including the U.S. Postal Service, that you do not wish to receive sexually oriented material.
- The Site provides access to an online service comprising information and materials created and posted, uploaded, or streamed by you and other users (each a “Contributor”).
- Video and images on the Site that are available for viewing (collectively, the “Content”) are stored on or streamed through our servers at the direction of our users.
- Any modification of the Content that is uploaded or streamed by our users, such as the addition of a watermark, is performed by an automated process. Accordingly, as the Contributor is aware that such modifications shall take place automatically upon transmission, the Contributor shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Content. The Site is not responsible for modifications that occur to Content as part of its automatic transmission process.
- Any review of uploaded or streamed Content that may be performed by the Site before or after making such Content available to the public is cursory and only intended to identify immediately obvious violations of this Agreement. Accordingly, and despite any such gate keeping, the Contributor uploading or streaming any Content shall be deemed the party at whose direction that Content is available to others through use of the Service.
- The Site has never directed, and never will direct, its users to upload or stream Content that infringes upon any right belonging to a third party. Uploading or streaming Content that infringes on third-party rights constitutes a direct and material violation of this Agreement and will subject the uploading or streaming Contributor’s account to suspension and/or termination, where appropriate.
- The Site correctly presumes that the Contributor uploading or streaming any Content is the sole holder of all exclusive rights to that Content, except where the Content alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a person or entity other than the Contributor as the exclusive rights holder.
- Where Content has no obvious proprietary marking that indicates an exclusive owner, the Site cannot be deemed to have actual knowledge that such Content infringes upon any third party’s rights.
- The Site has no right or ability to control the activities of Contributors who create, post, upload, or stream Content through the Site. In the event that a Contributor infringes upon a third party’s rights by creating, posting, uploading, or streaming Content, that Contributor is the sole responsible party for such infringement, and the Site has no control over such activity.
- Apart from identifying an obvious proprietary marking in any Content that indicates an exclusive owner, the Site has no other ability to determine whether the rights appurtenant to a particular piece of Content may belong to a party other than the uploading or streaming Contributor. As the Site’s only other means of identifying Content that may infringe upon a third party’s rights, the Site relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
- Notice of Intellectual Property Infringement. The Site respects the intellectual property of others, and we ask our members and others to do the same. We voluntarily observe and comply with the DMCA. IT IS UPLUST’S POLICY TO TERMINATE THE ACCOUNTS OF REPEAT COPYRIGHT INFRINGERS, WHEN APPROPRIATE. If you believe that your work has been copied through use of the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us more information to [email protected]:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where on the Service 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; 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Virtual Money. The Service may, but is not obligated to, include a virtual, in-app currency (“Virtual Money”) including, but not limited to Lusts, coins, cash, tokens or points, that may be purchased from us for “real-world” money if you are a legal adult in your country of residence. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Money in the Service, you have no right or title in or to any such Virtual Money appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service. We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Money as we see fit in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Transfers of Virtual Money are strictly prohibited except where explicitly authorized within the Service. Except as expressly provided otherwise herein, you may not sell any Virtual Money for “real-world” money or otherwise exchange such items for value. Any attempt to do so is in violation of this Agreement and may result in a lifetime ban from the Site and possible legal action. All Virtual Money that has not been purchased directly by you (e.g., gifts from other users, referral commissions, etc.) is forfeited if your account is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue providing the Service.
- Tipping. The Site may, but is not obligated to, permit tipping of age-verified Contributors through the Service. To the extent that we decide to permit tipping including, but not limited to « gifts », you acknowledge and agree that:
- Tipping is done at your own option and risk. Tipping is not required for use of the Service.
- Tipping may only be done using Virtual Money. Contributors may not solicit tips though means of payment other than Virtual Money.
- Tips are a voluntary gratuity and may not be given in exchange for specific services. Promising to give a tip in exchange for performance of any act is strictly prohibited, and such conduct will result in an immediate and lifetime ban from use of the Service.
- All tips are chargeable when made. We will not return a tip made from your account except in situations that are deemed by us, in our sole and absolute discretion, to be extraordinary.
- Tipping does not alter our code of conduct. Giving or receiving tips in exchange for actual or promised conduct in violation of this Agreement is prohibited.
- Exhibitionist users are never eligible to receive tips.
- Pics and Video Purchases. The Site may, but is not obligated to, permit users to post Materials (“Paid Content”) that may only be accessed after payment of a specified amount of Virtual Money. If you post any Paid Content, you represent and warrant that (i) the Paid Content you post will comply in all respects with the terms of this Agreement; and (ii) you have all rights and permissions necessary to post such Paid Content and to permit users to access the same in exchange for payment. We shall have the absolute right to remove any Paid Content, in whole or in part, for any or no reason at all. In the event that Paid Content you post results in chargebacks or refund requests from users who have purchased such Paid Content, we reserve the right to assess a chargeback fee to your account and/or suspend your ability to post Paid Content. By purchasing or accessing any Paid Content, you thereby demonstrate your express acknowledgement and agreement that (i) The Site is not the source of such Paid Content; (ii) the user posting such Paid Content is solely responsible for any claims or liabilities associated with, arising from, or in any way relating to such Paid Content; (iii) your purchase and/or use of any Paid Content is solely at your own risk; (iv) The Site has no responsibility for viewing or screening any Paid Content; and (v) you forever release the Site , and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, from any and all claims and liabilities associated with, arising from, or in any way relating to such Paid Content.
- Challenges. From time to time we may offer the opportunity for you to participate in challenges that shall be administered through the Site and Service. While the general rules that apply to all challenges are presented here below, the particular details of any currently running challenge can be found on the challenge page.
- Entry and Eligibility. Unless otherwise noted in the rules specific to a particular challenge, entry will be automatic for any user of the Site. All registered Site users shall be eligible to participate in each challenge, provided that they have complied with these Terms, and that such challenge is not prohibited in their home jurisdiction. All challenges shall be void where prohibited. You may expressly opt out of any challenge by sending an email to [email protected].
- Challenge Periods. Each challenge shall have a posted beginning date. End dates may be provided as soon as practicable after determination, but shall not be required. Each challenge shall run for a period of time that begins on the posted beginning date and ends on the posted end date, if any.
- Conduct. By participating in any challenge run by the Site, you demonstrate your agreement to comply with and be bound by our decisions, which are final and binding in all respects. We reserves the right in our sole discretion to disqualify any entrant in any challenge who we find to be: (i) tampering or attempting to tamper with the entry process or the operation of a challenge; (ii) violating these Terms or any challenge rules; or (iii) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the challenge by any entrant concerning identity, postal address or non-compliance with any challenge rules may result in the immediate disqualification of an entrant from any contest. We further reserve the right to disqualify any entry that we believe in our sole and unfettered discretion, infringes upon any third-party right, violates any law or otherwise does not comply with these Terms or any challenge rule.
- Prizes. The rules of each challenge shall set forth the prizes that shall be awarded. In the event that there are multiple prizes offered for a particular challenge, but there are an insufficient number of eligible entrants for that challenge, not all prizes will be awarded. If a winner is not able for whatever reason to accept his or her prize, then we reserve the right to not award the prize or to award the prize to another entrant.
- No Recourse to Judicial or Other Procedures. To the extent permitted by law, the rights to litigate, to seek injunctive relief, or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with any challenge are hereby excluded, and you expressly waive any and all such rights.
- General Conditions. All challenges are governed by the laws of England. All federal, state and local laws and regulations apply. By participating in any challenge, you agree to be bound by the challenge rules and by our decisions, which are final and binding on all matters pertaining to that contest. We are not responsible for any typographical or other error in the administration of any challenge or in the announcement of any prizes.
- Monitoring of Information. We reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be in anyway transmitted by any and all users (including unauthorized users, as well as the possibility of “hackers”). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you in anyway transmit through the Service.
- Termination of Access to the Service. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement, or for no reason at all. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
- Proprietary Information. The Service contains information that is proprietary to us and/or users of the Service. We assert full copyright protection in the Service, including all of the design and code embodied therein. Any information shared or posted by us or users of the Service may be protected whether it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
- No responsibility. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous twelve (12) months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below
- Security. Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your login and password, including but not limited to use of your login and password by any third party.
- Other Links. The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
- No Warranties. The Service is distributed on an “as is” and “as available” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
- Modifications. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement.
- Complaints. To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to [email protected]. In appropriate circumstances, we will take immediate action in order to help solve the problem.
- Registration. You may become a member of the Service by completing an online registration form, which must be accepted by the Site. Upon submission of the online registration form, the Site or its authorized agent will process the application. In connection with completing the online registration form, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”); and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member.
You must promptly inform the Site of all changes to the Registration Data, including, but not limited to, changes in your address and changes in the credit card information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Site or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse your current or future use of the Service and Site, as well as possibly subjecting you to criminal and civil liability. You are responsible for rejected payments and any related fees that we incur with respect to your account. Effective July 10, 2016 we no longer accept payment by check. Any and all checks received by us will be destroyed or returned to you as we may determine in our sole discretion.
- Member Account and Password. As part of the registration process, you will be issued a unique user name and password, which you must provide in order to gain access to the non-public portions of the Service. You certify that, when asked to choose a username, you will not choose a name which falsely represents you as somebody else, or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of user names that we, in our sole discretion, deem inappropriate. We reserve the right to cancel, at any time, the membership of any member who uses their selected username in violation of these Terms and Conditions or in any other way we, in our sole discretion, deem inappropriate. Your membership, the user name and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name or password and that you will not provide access to the Service to anyone who is below the Age of Majority, or otherwise does not wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (a) immediately notify the Site of any unauthorized use of your user name or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that you are solely liable and responsible for any unauthorized use of the Service using your account until you notify the Site by email regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify the Site with respect to all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.
- Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
- Subscription. The Site may have periodic subscription fees at the time of the initial enrolment for subscription. The member is responsible for such fees according to the terms and conditions of such Site.
- Automatic Recurring Billing. In accordance with the terms and conditions of the Site subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or different amount, unless notice of cancellation is received from the Subscriber. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes UPLUST to charge subscriber’s chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes UPLUST to charge subscriber’s chosen payment method for any and all additional purchases of materials provided on the site.
- Cancellation. At any time, and without cause, subscription to the service may be terminated by either: EPOCH.COM, the Site, or the Subscriber upon notification of the other by electronic or conventional mail, by chat, or by telephone. Subscribers are liable for charges incurred until the date of the termination.
- Refunds. Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. Cancelation for all future recurring billing may be requested. We reserve the right to grant a refund or a credit applicable to purchases to the Site at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds.
- Cancellation By User. You may cancel your membership at any time by visiting our cancellation page. You hereby agree to be personally liable for any and all charges incurred by your user name and password until you terminate your membership as provided herein. In the event that you cancel your account, refunds may be granted for Virtual Money that was directly purchased by you; no funds will be credited to you or can be converted to cash or other form of reimbursement unless those funds were paid by you in purchasing Virtual Money. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service.
- Termination By the Site. Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice, if: (a) the Site believes that you have breached any of these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users or us; or (d) the Site decides to cease operations or to otherwise discontinue any of the Site or parts thereof. Further, you agree that neither the Site, nor any third party acting on our behalf, shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by the Site, you will not attempt to re-register as a member without prior written consent from the Site.
- After Termination or Cancellation. You accept that when you cancel your membership with the Service you will be automatically deleted from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your account, any mail and all other membership materials will be immediately deleted from the Site and Service and that such information will be irretrievable.
- Indemnification. You agree to defend, indemnify, defend, and hold the Site and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from: (i) any breach by you of this Agreement; (ii) your use (or misuse) of the Service, Site and/or Promotional Materials; (iii) all conduct and activities occurring using your account and/or Referral Sites, if any; (iv) any item or service sold or advertised in connection with your Referral Sites, if any; (v) any defamatory, libelous or illegal material(s) contained within your Content or your information and data; (vi) any claim or contention that any of your Referral Sites, if any, contain information, data or other materials which infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity; (vii) third-party access or use of any Promotional Materials provided to you; (viii) any claim related to your website(s); (ix) any costs incurred on your behalf as a result of your failure to comply with local or English Law; and/or (x) any violation of this Agreement. We reserve the right, at our own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by this Agreement to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of the Site. You understand that we will take any and all measures to protect ourselves from any legal or civil litigation including, but not limited to canceling your account, in our sole discretion. You also understand that we will charge, on an hourly basis, for any and all time spent responding to any third-party complaints, disputes, copyright claims or actions involving you or your Referral Sites.
- Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
- Arbitration. Any dispute relating in any way to your visit to Uplust.com shall be submitted to confidential arbitration in England except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the English courts.
You agree that any Dispute between You and the Site shall be resolved exclusively and finally by arbitration administered by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators, using interpretations under English law, and conducted under its rules, except as otherwise provided below. The arbitration will be limited solely to the Dispute between You and the Site.
The arbitrator may award reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with the arbitration provision. The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction.