Upsurge Terms of Service (User Agreement)
Welcome to Upsurge! We're thrilled to have you join our community of individuals passionate about physical activities and sports. By accessing or using our platform, whether through our website, mobile application, or other services we provide (collectively referred to as the "Service"), you're agreeing to be bound by these Terms of Service (the "Terms").
These Terms constitute a legally binding agreement between you and Upsurge, governing your access to and use of the Service. They outline your rights and responsibilities as a user of Upsurge, as well as what you can expect from us. By creating an account, accessing, or using the Service in any manner, including but not limited to visiting or browsing the site or contributing content, information, or other materials to the Service, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Service by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Please read these Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Upsurge, acceptance is expressly limited to these Terms.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Upsurge reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. Upsurge may also, in the future, offer new services and/or features through the Service (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.
By using the Service, you consent to receiving electronic communications from Upsurge. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service. These electronic communications are part of your relationship with Upsurge. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Thank you for taking the time to read our Acceptance of Terms. We hope you enjoy being an active part of Upsurge!
Participation in Upsurge and its services is open to individuals who meet the following criteria. This section outlines who is eligible to use our services, ensuring that users understand the requirements for creating and maintaining an account with Upsurge.
You must be at least 13 years of age to use Upsurge. If you are under the age of 18, you must have the permission and direct supervision of a parent or guardian to use the Service. Your parent or guardian agrees to be bound by these Terms on your behalf. If you are a parent or guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and 17, you are fully responsible for his or her use of the Service, including all legal liability he or she may incur.
By creating an account and using the Service, you represent and warrant that:
By agreeing to these Terms, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms and Conditions set forth herein. The Service is not available to individuals who have had their account temporarily or permanently deactivated or who are barred from receiving services under the laws of the applicable jurisdiction.
You agree to comply with all local, state, national, and international laws and regulations regarding your use of the Service. Additionally, you may not use the Service for any unauthorized or illegal purpose. You are responsible for all of your activity in connection with the Service.
Each user is solely responsible for any and all of their own user content. Because we do not control user or third party content, you acknowledge and agree that we are not responsible for any user or third party content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any user or third party content, and we assume no responsibility for any user or third party content. Your interactions with other Service users are solely between you and such users. You agree that Upsurge will not be responsible for any loss or damage incurred as the result of any such interactions.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree to keep your password secure. Upsurge cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Upsurge reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
To fully participate in the community and features offered by Upsurge, you may be required to create an account. This section provides detailed guidance on the account creation process, your responsibilities regarding account maintenance, and our practices for protecting your account information.
To create an account:
Upon completing the registration process, you will be granted a unique user ID for accessing our services. This user ID is part of your public profile and may be visible to other users.
As the holder of an account, you are responsible for the following:
Upsurge will not be liable for any loss or damage arising from your failure to comply with the above responsibilities. However, you may be held liable for losses or damages incurred by Upsurge or another party due to someone else using your account or password.
Your security is a priority to us. Upsurge takes reasonable measures to protect the information you provide to us. However, no internet or email transmission is ever fully secure or error-free. Therefore, you should take special care in deciding what information you send to us via the Service.
Your account is personal to you and you agree not to create more than one account. You may not sell, transfer, license, or assign your account, followers, username, or any account rights. With the exception of individuals or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Upsurge prohibits the creation of and you agree that you will not create an account for anyone other than yourself. Furthermore, you represent that all information you provide or provided to Upsurge upon registration and at all other times will be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You can terminate your account at any time by following the instructions on the Service. Conversely, Upsurge reserves the right to suspend or terminate your account at any time, without notice and for any reason, including but not limited to a breach of this User Agreement. Upon any termination, discontinuation, or cancellation of your account or the Service, all provisions of this User Agreement which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
By registering for an account with Upsurge, you agree to be bound by these terms and accept our practices around privacy and personal information. We look forward to having you as part of our active community, sharing and engaging with content related to physical activities and sports.
At Upsurge, we encourage our community members to share their passion for physical activities and sports through various forms of content. This section outlines the terms related to the content you create and share on our platform.
"User Content" encompasses all forms of content, including but not limited to text, photos, video, audio, and interactive features, generated, provided, or otherwise made accessible on or through the Service by users. Whether it's your latest personal record, a scenic photo from your morning activity, or tips for a healthier lifestyle, your contributions enrich our community.
You retain all your rights to any User Content you submit, post, or display on or through the Service. By providing User Content to Upsurge, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., reformat, adapt), re-publish, and distribute your User Content in connection with the Service and Upsurge's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You are solely responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting User Content, you warrant that:
Upsurge prohibits the posting of User Content that violates our community guidelines, which include but are not limited to content that is:
We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our community guidelines.
You can remove your User Content from the Service at any time. However, you should be aware that due to the social nature of our platform, copies of your User Content, including content that you have shared with others, may persist in backup copies for a reasonable period of time (but will not be available to others).
Upsurge is not obligated to publish any information or content on our Service and can remove it at our sole discretion, with or without notice.
At Upsurge, we aim to create a welcoming, engaging, and safe environment for all users. To maintain this atmosphere and ensure the integrity of our community, we outline specific behaviors and activities that are prohibited on our platform. Engaging in these activities may result in suspension or termination of your account.
You agree not to engage in any of the following activities while using the Service:
We have a zero-tolerance policy for objectionable content and abusive behavior. Users agree not to post content that is offensive, abusive, or violates any laws. We reserve the right to remove such content and ban users who engage in such behavior.
We reserve the right to take action in response to any violations of the above prohibitions, including, but not limited to, removing content, suspending or terminating accounts, and cooperating with law enforcement authorities in investigating and prosecuting users who violate these Terms.
By using Upsurge, you agree to adhere to these standards and help foster a positive and inclusive community for all users. If you encounter any content or behavior that violates these guidelines, please report it to us immediately.
At Upsurge, we are continuously evolving to meet the needs of our community and to enhance your experience with our Service. This may result in changes to the Service or the prices we charge.
Upsurge reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We're committed to ensuring that our platform remains vibrant and relevant for our community, which means we may introduce new features, adjust existing functionalities, or remove aspects of the Service that are no longer beneficial.
While we do our best to avoid any inconvenience, we understand that changes to the Service may affect how you use Upsurge. We will endeavor to notify you of significant changes to the Service that could materially affect your use of it. However, it is also your responsibility to check our announcements or updates that may be posted from time to time.
Upsurge may also change the prices for the Services, including but not limited to subscription plan fees for premium features, at any time. Such price changes will be effective immediately upon posting on our platform or by direct communication to you, unless otherwise noted.
We will provide advance notice of any price changes to any subscription services or other paid features to give you an opportunity to cancel your subscription or service before the new pricing takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the modified amount.
Upsurge shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service. We understand the importance of the Service to our users, and we strive to ensure that any changes enhance your overall experience on our platform.
We welcome and encourage feedback or suggestions for improvements to the Service. Please note that by submitting feedback or suggestions, you agree that we can use and share this feedback for any purpose without compensation to you.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
At Upsurge, we value the trust and community we've built together. However, it's important to have guidelines in place for when an account may need to be terminated or access to our Service restricted. This section outlines the circumstances under which termination may occur and the process involved.
Upsurge reserves the right to terminate or suspend your account and bar access to the Service, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. Reasons for termination or suspension may include, but are not limited to:
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or follow the instructions on the Service for account deletion.
Upon termination or suspension, regardless of the reasons therefor, your right to use the Service stops right away. You may not have access to data that you stored on the Service after we suspend or terminate the Service. It is your responsibility to backup the data that you use with the Service.
You are free to terminate your account at any time by following the instructions on the Service. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and comply with legal requirements as permitted by law.
Provisions of these Terms, which by their nature should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Failure of Upsurge to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. This provision does not affect any statutory rights that are not waivable.
By using our Service, you acknowledge that you have read and understand the terms of termination and agree to be bound by them. You understand that while we strive to provide a consistent and quality service, certain circumstances may necessitate termination or suspension of your access to the Service.
At Upsurge, we strive to offer a dynamic and engaging platform for our community. However, there are certain legal and practical limitations on the guarantees we can offer about the Service and our liability in certain situations. This section outlines these disclaimers and limitations.
Upsurge provides the Service "AS IS" and "AS AVAILABLE" without any warranty or condition, express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Upsurge does not guarantee that the Service will always be safe, secure, or error-free, or that the Service will always function without disruptions, delays, or imperfections.
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We make no representations or warranties about the quality, suitability, truth, accuracy, or completeness of the content contained in the Service.
In no event will Upsurge, or our directors, officers, employees, agents, partners, or licensors, be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the Service, or any of the content or other materials on, accessed through, or downloaded from the Service, even if Upsurge is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Upsurge for the Service during the term of membership. You acknowledge that if no fees are paid to Upsurge for the Service, you shall be limited to injunctive relief only unless otherwise permitted by law, and shall not be entitled to damages of any kind from Upsurge, regardless of the cause of action.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
You agree that your use of the Service is at your sole risk. You will not hold Upsurge or its third-party service providers, licensors, and suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the Service, including without limitation any loss or damage to any of your computers or data.
The limitations, exclusions, and disclaimers in this section and elsewhere in these Terms of Service apply to the maximum extent permitted by applicable law.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
The state and federal courts located in San Francisco, will have exclusive jurisdiction over any case or controversy arising from or relating to the Service, these Terms, or any related matter. You hereby waive any objection to jurisdiction and venue in such courts.
We make no representation that the Service is appropriate or available for use in locations outside the State of California, and accessing the Service from territories where the content is illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its Commercial Arbitration Rules or equivalent.
YOU AND UPSURGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Upsurge agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Upsurge is a dynamic platform, evolving to meet the needs of our community and to embrace technological and legal changes. As such, we may update these Terms of Service from time to time to reflect changes to our service, user feedback, or changes in the law.
We will notify you of any changes to our Terms of Service. We may do this through a notification on the Service, by email, or through other reasonable means. The notice will designate a reasonable period after which the new terms will take effect.
We encourage you to review the Terms of Service periodically for any changes. Your continued use of the Service after the effective date of such changes constitutes your acceptance of and agreement to the changes. If you do not agree to the new terms, you should stop using the Service.
For substantial changes to the Terms of Service, we will make reasonable efforts to provide at least thirty (30) days' notice before any new terms take effect. Substantial changes will be determined at our sole discretion and may include significant changes to our service model, introduction of new laws or regulatory requirements, or changes that could materially affect your rights under these Terms of Service.
It is your responsibility to check the Terms of Service regularly for changes. Your continued use of the Service after the posting of changes to the Terms of Service or other policies means you accept the changes.
If you have any questions about the Terms of Service, including any changes, please contact us via our website or mobile application. We welcome your questions, concerns, and feedback about our policies.
Your feedback, questions, and concerns are important to us. Whether you're looking for more information, need help with the Service, or want to offer a suggestion, our team is ready to listen.
For support or inquiries related to the Service, including any questions regarding these Terms of Service, you may contact us through one of the following methods:
Please include your name, contact information, and a detailed description of your request or concern to help us address it effectively.
We are continually striving to improve our Service and welcome your feedback. If you have suggestions on how we can improve or comments on what you love about Upsurge, please reach out to us using any of the methods above.
If you're experiencing technical difficulties with the Service, please describe the issue you're encountering in as much detail as possible when you contact us. This information will help our support team diagnose and resolve your issue more quickly.
For legal inquiries, including matters related to the enforcement of these Terms of Service or other legal notices, please reach out to us using any of the methods above.
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