Terms of Service

Terms of Service

Effective date: July 01^st, 2021.

Welcome to Yupvue! This agreement (the “Agreement”) between you and Yupvue, Inc. (“we”, “us”, “our”) sets out your rights to access and use of Yupvue social platform and any other products or services provided by us (the “Service”). If you are accepting this Agreement and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement. By accessing our Service, you agree that you have read, understood and accepted this Agreement.

If we decide to make changes to this Agreement, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on Yupvue.com. Your continued use of the Service will confirm your acceptance of the changes.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

Eligibility

The Service is not targeted toward, nor intended for use by, anyone under the age of 13. You must be at least 13 years of age to access or use the Service. If you are between 13 and 18 years of age (or the age of legal majority where you reside), you may only access or use the Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Copyright and Limited License

We may retain data, text, photographs, images, video, audio, graphics, articles, comments, software, code, scripts, and all other content and services supplied by us. Yupvue Content is protected by intellectual property laws, including copyright and other proprietary rights of the United States and foreign countries. Except as explicitly stated in this Agreement, we do not grant any express or implied rights to use Yupvue Content.

You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service and Yupvue Content for your personal use. You retain ownership of and responsibility for Content you create or own ("Your Content"). If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post.

Trademark Policy

“Yupvue,”, the Yupvue logo and any other product or service names, logos, slogans that may appear on the Service are trademarks of Yupvue Inc. and, may not be copied, imitated, or used, in whole or in part, unless explicitly permitted or without first receiving written permission from us to do so. The look and feel of Yupvue.com and the Service is protected by copyright © Yupvue Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of our software, or visual design elements or concepts without express written permission.

For all branding and licensing questions, please reach out to us at: GPolicy@yupvue.com

All other trademarks, registered trademarks, product names and company names or logos mentioned or used on our Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

Account Registration

If you would like to use part of the Service, you must create a Yupvue account (“Account”). When you create an Account, you are strongly advised to take the following precautions, as failure to do so may result in loss of access to, and/or control over, your Account: (b) Provide accurate and truthful information; (c) maintain the security of your Account by protecting your Account password and access to your computer and your Account; (d) Promptly notify us if you discover or otherwise suspect any security breaches related to your Account.

I. You hereby accept and acknowledge that you take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.

II. You acknowledge and understand that cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to the Services that you use and your Account, which could result in the theft or loss of your property. By using the Service or accessing Yupvue Content, you acknowledge these inherent risks.

The Services

The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content, but you grant Yupvue the following license to use that Content:

When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Yupvue. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

Any ideas, suggestions, and feedback about Yupvue or our Services that you provide to us are entirely voluntary, and you agree that Yupvue may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.

Things You Cannot Do

When using or accessing Yupvue, you must comply with our Terms and all applicable laws, rules, and regulations. Please review the Content Policy (and for RPAN, the Broadcasting Content Policy), which are part of these Terms and contain Yupvue rules about prohibited content and conduct. In addition to what is prohibited in the Content Policy, you may not do any of the following:

Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.

Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.

Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.

Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.

Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Yupvue. We do not grant permission to crawl the Services without our permission.

Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Yupvue or any payment system.

We encourage you to report content or conduct that you believe violates these Terms or our Content Policy. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email: Gpolicy@yupvue.com

Third-Party Content, Advertisements, and Promotions

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations at your own risk. Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Yupvue, and the rules for your Promotion must require each entrant or participant to release Yupvue from any liability related to the Promotion.

Copyright, Trademark, the DMCA, and Takedowns

Yupvue respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing material from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright or a trademark that you own or control, you may notify Yupvue at the below address:

Contact Information

Yupvue Inc.
8 The Green
Suite #11648
Dover, DE 19901

Email: Gpolicy@yupvue.com

Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Yupvue certain costs and damages.

If we remove Your Content in response to a copyright or trademark notice, we will notify you via Yupvue private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification in a copyright notice, you can send a counter notification email to us at: Gpolicy@yupvue.com

Paid Services and Payment Information

There are no fees for the use of many aspects of the Services. However, some services may be available for purchase (“Premium Services”). In addition to these Terms, by purchasing our premium services, you further agree to the Yupvue premium services Agreement.

Yupvue may change the fees or benefits associated with the Premium Services from time to time with reasonable advance notice of material changes; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.

You may submit your debit card, credit card, or other payment information (“Payment Information”) via our Services to purchase the Premium Services. We use third-party service providers to process your Payment Information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.

Indemnity

All the things you do and all the information you submit or post to the Service remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your content or actions that infringe the law or the rights of a third party or person in any way.

Specifically, you agree to hold us, our affiliates, officers, directors, employees, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of the Service, your violation of this user agreement, and/or your violation of the rights of any third-party or person.

Disclaimers

To the fullest extent permitted by applicable law, the Service and Yupvue Content are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and any warranties implied by any course of performance or usage of trade. The company does not represent or warrant that the Service and Yupvue Content: (a) will be secure or available at any time or location; (b) are accurate, complete, reliable, current, or error-free or that any defects or errors will be corrected; and (c) are free of viruses or other harmful components. Your use of the Service and Yupvue Content is solely at your own risk. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all the disclaimers in this Section may not apply to you.

Limitation of liability

To the fullest extent permitted by applicable law, in no event shall Yupvue Inc. or any related party to Yupvue Inc., that includes but is not limited to, subsidiaries, vendors, or contractors, be liable for any special, indirect, incidental, consequential, exemplary or punitive damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of, or in any way connected with, the use of, or inability to use, the Service or Yupvue Content. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Yupvue Inc. or any related party, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Service.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all the exclusions and limitations in this Section may not apply to you.

Governing Law and Venue

We want you to enjoy Yupvue, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns at: Gpolicy@yupvue.com 

Except for the government entities listed below, any claims arising out of or relating to these Terms or the Services will be governed by the laws of State of Delaware, without regard to its conflict of laws rules. All disputes related to these Terms, or the Services will be brought solely in the federal or state courts located in Dover, Delaware, and you consent to personal jurisdiction in these courts.

Government Entities

If you are a U.S. city, county, or state government entity, then this Section 13 does not apply to you.

If you are a U.S. federal government entity, any claims arising out of or relating to these Terms, or the Services will be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of Delaware (other than its conflict of law rules) will apply in the absence of applicable federal law. All disputes related to these Terms, or the Services will be brought solely in the federal or state courts located in Dover, Delaware.

Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the revised Terms and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

Additional Terms

Because we offer a variety of Services, you may be asked to agree to additional terms before using a specific product or service offered by Yupvue (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.

Termination

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity.

We may suspend or terminate your Account or ability to access or use the Services at any time for any or no reason, including for violating these Terms or our Content Policy.

The following sections will survive any termination of these Terms or of your Account: (Your Content), (Things You Cannot Do), (Indemnity), (Disclaimers), (Limitation of Liability), (Governing Law and Venue), (Termination), and (Miscellaneous).

Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid, or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign any of our rights and obligations under these Terms.

Contact Information

Yupvue Inc.
8 The Green
Suite #11648
Dover, DE 19901

Email: Gpolicy@yupvue.com