These Terms of Service (“Terms”) govern your use of
the services provided by Uplandme, Inc. (“we”,
“us”, “our”, or
“Company”), including without limitation our website,
mobile or web applications, or other digital products that link to or
reference these Terms (collectively, the “Services”).
These Terms are a binding legal agreement between you or the entity
you represent (“you”) and Company. In these Terms,
“you” and “your” refer to you, a
user of the Services. A “user” is you or anyone who
accesses, browses, or in any way uses the Services.
Please be aware that these Terms include, among other things, a
binding arbitration provision that requires you to submit to binding
and final arbitration on an individual basis to resolve disputes,
rather than jury trials or class actions. Please see Section 12, below.
These Terms refer to our
privacy policy
(“Privacy Policy”), hereby incorporated by reference,
which also applies to your use of the Services and which sets out the
terms on which we process any personal data we collect from you, or
that you provide to us.
Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms
effective at the time, please note that we may revise and update these
Terms from time to time at our discretion. If we make material changes
to these Terms, we will notify you by email or by posting a notice on
our website prior to the effective date of the changes. These Terms
are to ensure that you will use the Services only in the ways in which
we intend for it to be used.
By accessing or using the Services:
You acknowledge that you have read, understood, and accept these
Terms and any additional documents or policies referred to in or
incorporated into these Terms, whether you are participating as a
guest or as a registered user;
If these Terms have materially changed since you last accessed or
used the Services, you acknowledge and agree that your continued
access or use of the Services constitutes your acceptance of the
changed Terms;
You represent and warrant that you are at least eighteen (18)
years of age and have the right, authority, and capacity to enter
into these Terms, either on behalf of yourself or the entity that
you represent; and
You consent to receive communications from us electronically, and
you agree that such electronic communications, notices, and
postings satisfy any legal requirements that such communications
be in writing.
1. Accessing the Services.
We grant you permission to access and use the Services subject to the
restrictions set out in these Terms and our Game Rules, which are
hereby incorporated by reference. It is a condition of your use of the
Services that the information you provide is correct, current, and
complete. Your use of the Services is at your own risk, including the
risk that you may be exposed to content that is offensive, indecent,
inaccurate, objectionable, or otherwise inappropriate. You are
responsible for making all arrangements necessary for you to have
access to the Services. We may close your account, suspend your
ability to use certain portions of the Services, and/or ban you
altogether from the Services for any or no reason, and without notice
or liability of any kind.
2. Account Registration and Account Security.
Some or all of the Services and certain features or functionalities,
may require you to register an account with us. When you do, we may
ask you to provide certain registration details or other information
about yourself. All such information is subject to our Privacy Policy.
You hereby authorize Company to create an EOS account on your behalf
that is integrated with your user account.
Once you have
an account, you are responsible for all activities that occur in
connection with your account. You will treat as confidential your
account access credentials and will not disclose it to any
third-party. You agree to immediately notify us if you have any reason
to believe that your account credentials have been compromised or if
there is any unauthorized use of your account or password, or any
other breach of security. We ask that you use particular caution when
accessing your profile from a public or shared computer, or when using
your account in a public space, such as a park or cafe or public
library, so that others are not able to view or record your access
credentials or other personal information.
You may not
impersonate someone else to create an account, create or use an
account for anyone other than yourself, permit anyone else to use your
account, or provide personal information for purposes of account
registration other than your own. You are prohibited from playing with
multiple accounts for the same Service. In order to ensure we can
protect and properly administer the Services and our community of
users, we have the right to disable or close any user account at any
time and for any reason or for no reason.
3. Prohibited Uses.
You may use the Services only for lawful purposes and in accordance
with these Terms. We are under no obligation to enforce the Terms on
your behalf against another user. We encourage you to let us know if
you believe another user has violated the Terms or otherwise engaged
in prohibited or illegal conduct.
You agree not to, and
will not assist, encourage, or enable others to use the Services:
For any commercial purpose, except as expressly permitted under
these Terms.
To violate any applicable national, regional, federal, state,
local, or international law or regulation.
To create, send, knowingly receive, display, transmit, upload,
download, use, or reuse any material which:
Contain any material which is defamatory, obscene, indecent,
abusive, offensive, harassing, violent, hateful, inflammatory,
or otherwise objectionable;
Infringe any patent, trademark, trade secret, copyright, or
other intellectual property rights of any other person;
Violate or assist in the violation of legal rights (including
the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal
liability under applicable laws or regulations, or that
otherwise may be in conflict with these Terms and/or our
Privacy Policy; or
Be likely to deceive or confuse any person.
Violate these Terms or any other rules or policies posted by us,
including our Games Rules.
Reverse engineer any portion of the Services.
Modify, adapt, appropriate, reproduce, distribute, translate,
create derivative works or adaptations of, publicly display, sell,
trade, or in any way exploit the Services, except as expressly
authorized by Company.
Remove or modify any copyright, trademark, or other proprietary
rights notice that appears on any portion of the Services or on
any materials printed or copied from the Services.
Record, process, harvest, collect, or mine information about other
users.
Access, retrieve, or index any portion of the Services for
purposes of constructing or populating a searchable database.
Use any robot, spider, or other automatic device, process, or
means to access the Services for any purpose.
Use the Services to transmit any computer viruses, worms, defects,
Trojan horses, or other items of a destructive nature
(collectively, “Viruses”).
Use the Services to violate the security of any computer network,
crack passwords or security encryption codes.
Remove, circumvent, disable, damage, or otherwise interfere with
any security-related features or other restrictions of the
Services.
Attempt to gain unauthorized access to, interfere with, damage, or
disrupt any parts of the Services, the server on which the
Services is stored, or any server, computer, or database connected
to the Services.
Trespass, or in any manner attempt to gain or gain access to any
real life property or location where you do not have a right or
permission to be.
Engage in any activity that may result in injury, death, property
damage, nuisance, or liability of any kind.
Attack the Services via a denial-of-service attack or a
distributed denial-of-service attack.
Otherwise attempt to interfere with or alter the proper working or
normal behavior of the Services, including without limitation:
Sharing accounts with other users;
Using any techniques to alter or falsify a device’s location
(for example through GPS spoofing); and
Any other form of cheating.
The restrictions above only apply to the extent permissible under
applicable law. Nevertheless, you agree not to act contrary to them
(even if permissible under applicable law) without providing thirty
(30) days’ prior written notice to us [email protected], together with
any information that we may reasonably require to give us an
opportunity to provide alternative remedies or otherwise accommodate
you at our sole discretion. If you engage in any of the prohibited
activities set forth above, we may, at our sole and absolute
discretion, without notice to you, and without limiting any of our
other rights or remedies at law or in equity, immediately suspend or
terminate your user account and/or delete, revoke, or modify, in our
discretion, your access to the Services.
4. IP Ownership. We own the Services and all of our
trademarks, logos, branding, and any other Content that we create in
connection with the Services (“Company Content”),
including proprietary rights of every kind and nature however
denominated throughout the world, registered or unregistered,
associated with such Company Content and the Services (collectively,
“Company IP”). Except as expressly and unambiguously
provided herein, we do not grant you any express or implied rights,
and all rights in and to the Company IP are retained by us.
We are not responsible or liable to any third-party for the content
or accuracy of any materials posted by you or any other user of the
Services.
You understand that when using the Services, you will be exposed to
text, images, photos, audio, video, location data, and all other forms
of data or communication (“Content”) from a variety
of sources, and that Company is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to
such Content. We do not endorse any Content made available through the
Services by any user or other licensor, or any opinion,
recommendation, or advice expressed therein, and we expressly disclaim
any and all liability in connection with such Content.
5. Responsibility for Your Content.
You
understand and acknowledge that you alone are responsible for the
Content that you submit or transmit to, through, or in connection with
the Services that you publicly display or displayed in your account
profile (collectively, “Your Content”), and you, not
Company, assume all risks associated with Your Content, including
anyone’s reliance on its quality, accuracy, reliability,
appropriateness, or any disclosure by you of information in Your
Content that makes you or anyone else personally identifiable. You
represent that you own or have the necessary rights, consents, and
permissions to use and authorize the use of Your Content as described
herein. You may not imply that Your Content is in any way sponsored or
endorsed by Company. You represent and warrant that Your Content does
not violate these Terms. You understand that when using
the Services, you will be exposed to text, images, photos, audio,
video, location data, and all other forms of data or communication
(“Content”) from a variety of sources, and that
Company is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such Content. We do not
endorse any Content made available through the Services by any user or
other licensor, or any opinion, recommendation, or advice expressed
therein, and we expressly disclaim any and all liability in connection
with such Content.
A. Copyright Infringement and Digital Millennium Copyright Act.
We respect the intellectual property rights of others, and we ask our
users to do the same. In accordance with the Digital Millennium
Copyright Act (DMCA) and other applicable law, in appropriate
circumstances and in our sole discretion, we may terminate the rights
of any user to use the Services (or any part thereof) who infringes
the intellectual property rights of others. If you believe that your
work has been copied in a way that constitutes copyright infringement,
or if you are aware of someone infringing on your rights, please
provide the following information to the “Copyright Agent”:
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 upon.
A description of where the material that you claim is infringing
is located on the Services.
Your address, telephone number, and email address.
A statement that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, and/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.
All notices of copyright infringement claims should go to our
Copyright Agent at [email protected].
B. Our Right to Use Your Content.
You
hereby irrevocably grant us world-wide, perpetual, non-exclusive,
royalty-free, assignable, sublicensable, transferable rights to use
Your Content for any purpose. Pursuant to this grant, you agree that
we may use Your Content in a number of different ways, including by
publicly displaying it, reformatting it, incorporating it into
advertisements and other works, creating derivative works from it,
promoting it, and distributing it. Please note that you also
irrevocably grant the users of the Services the right to access Your
Content in connection with their use of the Services. Finally, you
irrevocably waive, and cause to be waived, against Company and its
users any claims and assertions of moral right or attribution with
respect to Your Content. By “use” we mean use, make,
have made, sell, offer for sale, import, practice, copy, publicly
perform and display, reproduce, perform, distribute, modify,
translate, remove, analyze, commercialize, and prepare derivative
works of Your Content. We are not and shall not be under any
obligation, except as otherwise expressly set forth in these Terms or
our other policies, (1) to maintain Your Content in confidence; (2) to
pay you any compensation for Your Content; (3) to credit or
acknowledge you for Your Content; (4) to respond to Your Content; or
(5) to exercise any of the rights granted herein with respect to Your
Content.
6. Purchases.
UPX. You may use real-world fiat currency to
purchase UPX in-game currency (“Cash Purchases”), which will then
be used to complete purchases of virtual properties and other
digital products within the Services (“Virtual Purchases”). You
represent and warrant that all information you provide in
connection with a Cash Purchase is true and accurate. Company is
not responsible for fulfilling any Cash Purchases for which you
provided information that is deceptive or incomplete, as
determined by Company.
Virtual Purchases. If you choose to make Virtual
Purchases in the Services, such Virtual Purchases will be
conducted and managed via blockchain technology. Your Upland EOS
account will be made publicly visible when you engage in
transaction using UPX. We will have no insight into or control
over Virtual Purchases between users, nor are we able to reverse
any transactions between users. Accordingly, we will have no
liability to you or to any third party for any claims or damages
that may arise as a result of Virtual Purchases.
UPX Fees. You authorize an UPX contribution to be
collected that is based on the total value of each Virtual
Purchase and which is allocated to Upland’s Community Pool. The
standard commission shall be 10% of the value of the applicable
Virtual Purchase which shall be paid for by seller and purchaser,
who will each pay 5%. The standard commission may be subject to
adjustments over time.
7. Links to other Sites.
If there are
other websites and resources linked to on the Services, these links
are provided only for the convenience of our users. We have no control
over the contents of those websites or resources, and therefore cannot
accept responsibility for them or for any loss or damage that may
arise from your use of them. If you decide to access any of the
third-party websites linked to the Services, you do so entirely at
your own risk and subject to the Terms and conditions of use for such
websites.
8. No Guarantee of Service.
Although we
hope to make the Services available at all times in the future, there
may be times when we need to disable the Site either temporarily or
permanently. The Services may be modified, updated, interrupted,
suspended, or discontinued at any time without notice or liability.
Keep this in mind as Company will not be liable if all or any part of
the Services is unavailable at any time, for any period of time. Also,
from time to time, we may restrict access to some parts of the
Services, or the entire Services, to users, including registered
users. We cannot and do not make any representations or warranties
with respect to the devices you use to access or use the Services,
including with respect to device compatibility.
9. Acknowledgement. Your hereby
acknowledge and agree to the following:
The Services contains location-based features, which means that
you will be able to access the Services with your mobile phone in
real world locations. Your use of the Services is at your own
risk, and it is your responsibility to maintain such health,
liability, hazard, personal injury, medical, life, and other
insurance policies as necessary for any injuries that you may
incur while using the Services.
In the event that you have a dispute with one or more other users
of Services, you hereby release Company (and our officers,
directors, agents, subsidiaries, joint ventures, and employees)
from all claims, demands, and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.
WHEN ACQUIRING OWNERSHIP OF A VIRTUAL PROPERTY THROUGH THE
SERVICES, AT NO POINT WILL YOU ACQUIRE ANY RIGHTS RELATED TO SUCH
PROPERTY IN THE REAL WORLD. THE SERVICES IS A VIRTUAL LAYER THAT
CORRESPONDS TO REAL WORLD COORDINATES, BUT DOES NOT CONFER ANY
RIGHT, TITLE OR ANY OTHER PROPERTY CLAIM REPRESENTATION IN THE
REAL WORLD.
Any balance of UPX does not reflect any stored value and you agree
that UPX has no real world monetary value and do not constitute
real world currency or property of any type. UPX may be used only
towards Virtual Purchases and cannot be sold, transferred, or
exchanged for “real” money, “real” goods, or “real” services from
us or anyone else.
WE OFFER THE VIRTUAL PROPERTIES IN THE SERVICES TO THE USERS OF
THE SERVICES TO PURCHASE ON A FIRST COME-FIRST SERVED BASIS. ONCE
A VIRTUAL PROPERTY HAS BEEN PURCHASED BY A USER IN THE SERVICES,
COMPANY NO LONGER HAS ANY VIRTUAL OWNERSHIP OR CONTROL OVER THIS
VIRTUAL PROPERTY.
The Services is governed by a monetary policy for the purpose of
creating a stable economy. You shall not manipulate the economy of
the Services in such a way that it could collapse or fluctuate in
an undesired manner. If you do so, Company has the right to
exclude you from using all or part of the Services.
Except for income taxes of Company, you will be solely responsible
to pay any tax duties, levies or assessments whenever claimed or
imposed by any governmental authority (collectively “Taxes”)
associated with your access of the Services (including, without
limitation, any Taxes that may become payable as the result of
your “ownership”, transfer, or development of any virtual property
in the Services).
10. Disclaimer of Warranties.
COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR
PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
IF
YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC
STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE,
(1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE
THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES,
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,
WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY" AND (2) NEW JERSEY RESIDENTS MUST, AS A
CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN
CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT (X) SECTIONS 15, WHICH
STATES, AMONG OTHER THINGS, THAT “NO SELLERS…SHALL IN THE COURSE OF
HIS BUSINESS OFFER TO ANY CONSUMER OR PROSPECTIVE CONSUMER OR ENTER
INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR DISPLAY ANY WRITTEN
CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY PROVISION THAT
VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR
RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG
OTHER THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE
THAT ANY OF ITS PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR
INAPPLICABLE IN SOME JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS
ARE OR ARE NOT VOID, UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF
NEW JERSEY…”. YOU HEREBY WAIVE, AS APPLICABLE, THESE SECTIONS OF THE
CALIFORNIA CIVIL CODE AND NEW JERSEY TRUTH IN CONSUMER CONTRACT,
WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN
LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE
AFOREMENTIONED PROVISIONS.
11. Limit of Liability.
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM
ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE
SITE OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT
INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN
CONNECTION WITH, OR RESULTING FROM THE SERVICES.
12. Indemnification.
You
shall indemnify and hold harmless the Company, its affiliates and
licensors and their respective officers, directors, employees,
contractors, agents, licensors and suppliers from and against any
claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys’ fees) resulting from
your violation of these Terms or your use of the Services.
13. Governing Law.
This
Agreement shall be governed by the laws of the State of California,
without respect to its conflict of laws principles. You agree to
submit to the personal jurisdiction of the federal and state courts
located in Santa Clara County, California.
14. Arbitration and Class Action Waiver.
Arbitration. READ THIS SECTION CAREFULLY BECAUSE
IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute
with Company, you agree to first contact us at [email protected] and
attempt to resolve the dispute with us informally. In the unlikely
event that Company has not been able to resolve a dispute it has
with you after sixty (60) days, we each agree to resolve any
claim, dispute, or controversy (excluding any claims for
injunctive or other equitable relief as provided below) arising
out of or in connection with or relating to this Agreement, or the
breach or alleged breach thereof (collectively,
“Claims”), by binding arbitration by JAMS, under
the Optional Expedited Arbitration Procedures then in effect for
JAMS, except as provided herein. JAMS may be contacted at
www.jamsadr.com. The arbitration will be conducted in Santa Clara
County, California, unless you and the Company agree otherwise. If
you are using the Services for commercial purposes, each party
will be responsible for paying any JAMS filing, administrative and
arbitrator fees in accordance with JAMS rules, and the award
rendered by the arbitrator shall include costs of arbitration,
reasonable attorneys’ fees and reasonable costs for expert and
other witnesses. If you are an individual using the Services for
non-commercial purposes: (i) JAMS may require you to pay a fee for
the initiation of your case, unless you apply for and successfully
obtain a fee waiver from JAMS; (ii) the award rendered by the
arbitrator may include your costs of arbitration, your reasonable
attorney’s fees, and your reasonable costs for expert and other
witnesses; and (iii) you may sue in a small claims court of
competent jurisdiction without first engaging in arbitration, but
this does not absolve you of your commitment to engage in the
informal dispute resolution process. Any judgment on the award
rendered by the arbitrator may be entered in any court of
competent jurisdiction. Nothing in this Section shall be deemed as
preventing Company from seeking injunctive or other equitable
relief from the courts as necessary to prevent the actual or
threatened infringement, misappropriation, or violation of our
data security, intellectual property rights or other proprietary
rights.
Class Action/Jury Trial Waiver. WITH RESPECT TO
ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED
OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES,
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR
OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS
ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY
NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY
ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION,
COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER
REPRESENTATIVE PROCEEDING OF ANY KIND
15. General Terms.
These
Terms constitute the sole and entire agreement between you and Company
with respect to the Services and supersede all prior and
contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Services. No
waiver of these Terms by Company shall be deemed a further or
continuing waiver of such term or condition or any other term or
condition, and any failure of Company to assert a right or provision
under these Terms shall not constitute a waiver of such right or
provision. If any provision of these Terms is held by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for
any reason, such provision shall be modified to reflect the parties’
intention or eliminated to the minimum extent such that the remaining
provisions of the Terms will continue in full force and effect. The
Terms, and any rights or obligations hereunder, are not assignable,
transferable, or sublicensable by you except with Company’s prior
written consent, but may be assigned or transferred by us without
restriction. Any attempted assignment by you shall violate these Terms
and be void. The section titles in the Terms are for convenience only
and have no legal or contractual effect.
16. Contact.
All
feedback, comments, requests for technical support, and other
communications relating to the Services should be directed to:
[email protected] or per
mail to Uplandme, Inc., 756 California St., Mountain View, CA 94041,
USA. By sending us any ideas, suggestions, documents or proposals
(“Feedback”), you agree that (i) your Feedback does
not contain confidential or proprietary information of third-parties,
(ii) we are under no obligation of confidentiality, express or
implied, with respect to the Feedback, (iii) we may have something
similar to the Feedback already under consideration or in development
that is owned by us, and (iv) you grant us an irrevocable,
non-exclusive, royalty-free, perpetual, worldwide license to use,
modify, prepare derivative works, publish, distribute and sublicense
the Feedback, and you irrevocably waive, and cause to be waived,
against Company and its users any claims and assertions of any moral
rights contained in such Feedback.
