The Upscale is an online dating service for Local users. In order to access or use the The Upscale (the “iOS App”) or as far as available, the iOS App, you must register in App.As far as a The Upscale iOS App is available, registration via this iOS App requires the prior download of the App via the Apple iTunes App Store. As far as a The Upscale iOS App is available. Your access to and use of the iOS App, as well as clicking on the registration button upon entering the iOS App creates a legally binding agreement between you and The Upscale . By accessing the The Upscale iOS App or registering with The Upscale , you acknowledge that you have read, understood and accepted the General Terms and Conditions of Use set forth below (these “Terms” or this “Agreement”). You are bound exclusively by these Terms, even if you use or access the iOS App from outside the United States.
These Terms specify the conditions that apply for the use of the iOS App and other services offered by The Upscale from time to time, including use of the The Upscaledatabase system (the “Services”).You must be at least 18 years old to register or use the iOS App. Access or use of the iOS App or its contents by any person under the age of 18 is strictly prohibited.
1.1 This Agreement is legally binding and sets forth the terms governing your use of the iOS App and the Services. This Agreement may be modified by The Upscale from time to time.
2.1 While certain pages of the iOS App cannot be accessed without registering, you will need to register in order to access and use the Services.You may create and use your own personal password and enter your email address to register with The Upscale.By registering with The Upscaleyou represent that you are a single individual of at least 18 years of age, that you have the right, authority and capacity to enter into this Agreement and that you intend to use the iOS App and the Services for no purpose other than the purposes for which they are intended.
2.2 We are entitled to block your access to the iOS App if you violate the terms of this Agreement, including without limitation in the event of any violation of the provisions in Sections 6, 7 or 8 of this Agreement.
3.Access.As far as a The Upscale iOS App is available, termination of the Non fee-based contractual relationship in this iOS App has to be exercised exclusively towards the Apple iTunes App Store according to the Apple iTunes App Store.
4.1 The Upscale may terminate your free membership for any reason, effective on sending notice to you at the e-mail address you provide in your application for free membership or another e-mail notice address that The Upscale received from you by any of the means of communications set forth in Section 5.1 above.If The Upscale terminates your free membership for cause due to a violation of the terms of Sections 6, 7 or 8 of this Agreement.
5.1 The following provisions of this Agreement shall survive the termination of this Agreement for any reason: Sections 7,10, 12, 13, 14, 15, 16, 18 and 19.
6. Unauthorized Use.
6.1 The iOS App and the Services are only for the personal use of individuals, for purposes consistent with the iOS App, the Services and this Agreement.Organizations, companies, businesses and other legal entities (including non-profit organizations) may not become members and may not use the Service or the iOS App for any purpose.
6.2 You may not use the iOS App or any of the Services for any activity other than to seek a casual partner for you personally. Without limitation, you may not use the iOS App or any of the Services in connection with any The Upscale, promotional, political or group activities or for any The Upscale or non-The Upscale research, or engage in advertising to, or solicitation of, other users to buy or sell any products or services, or transmit any chain letters, junk e-mail or “spam” to other users of the iOS App or the Services.In order to protect our users from advertising or solicitation, The Upscalereserves the right to restrict the number of e-mails that you may send to other users in any 24-hour period to a number which The Upscaledeems appropriate in its sole and absolute discretion.
6.3 Collecting personal information or data, including e-mail addresses of members, or other information that is available to you on the iOS App or through the Services, by electronic or other means, is strictly prohibited.Framing of or linking to the iOS App to any other iOS App without written permission from The Upscale is prohibited.You may not resell any Services or any data or other information available to you on the iOS App or through the Services.
6.4 You may not include any telephone numbers, street addresses, last names, URLs or e-mail addresses in your profile.
6.5 You may not create more than one profile on the iOS App.
6.6 You and the other users are solely responsible for complying with federal, state, local and foreign laws and regulations applicable to them.The Upscaleis not liable for any violations of applicable laws or regulations by any users of the iOS App.
6.7 You represent and warrant that are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the CoThe Upscaleerce Department’s Table of Deny Orders.Free Membership in, and use of, the Service is void where prohibited.
7. Proprietary Rights of The Upscale
7.1 Any and all rights to programs, services, processes, software, technologies, trademarks, service marks, trade names, copyrightable material, inventions, and any and all materials pertaining to The Upscale(the “Proprietary Rights”) are exclusively owned by, or licensed to, The Upscale .Your use of the iOS App or any Service does not create a license to, and you are not entitled to, use for any purpose any trademarks, service marks, trade names, or copyrightable materials.
7.2 Use of any and all programs, services, processes, software, technologies, inventions, and any and all materials pertaining to The Upscaleis permitted only for the purpose permitted pursuant to Section 6 above, and all goodwill created as a result of your use of these rights inures to the sole benefit of The Upscale .Reproducing any programs, services, processes, software, technologies, trademarks, service marks, trade names, copyrightable material, inventions, and any and all materials protected by Proprietary Rights for any purpose whatsoever is prohibited.
8. Content Posted on the Site.
8.1 You and the other users are solely responsible for any materials (including profiles or photos) and messages (collectively, "Content") that you or they publish or display (hereinafter, "post") on the iOS App or otherwise transmit to other users.
8.2 By posting Content to any public area of the iOS App, you represent to all users of the iOS Appand The Upscalethat the information in the Content is true and correct to the best of your knowledge and you automatically grant, represent and warrant that you have the right to grant, to The Upscalean irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and sell such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
8.3 We reserve the right, but have no obligation, to monitor postings of users on the iOS App or communications among users of the iOS App as well as any disputes that may arise between you and other users of the iOS App.You understand and agree that The Upscalemay review and remove any Content for any reason, including Content that in the sole and absolute judgment of The Upscaleviolates this Agreement or might be offensive, defamatory, libelous or illegal or violate the rights of, harm, or threaten the safety of any users of the iOS App.
8.4 The following is a partial list of the types of Content that is prohibited on the iOS App. The Upscale reserves the right to investigate and take appropriate action in its sole discretion (including notifying legal authorities) against anyone who violates this provision, including without limitation, removing the offending communication from the iOS App and Service and terminating the Free membership of such violators. It includes Content that:
(a)may be offensive to iOS App users, such as Content that promotes, threatens or advocates racism, bigotry, hatred or physical or emotional harm of any kind against any group or individual;
(b) involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spaThe Upscaleing";
(c) you know is false, misleading, promotes illegal activities or is insulting, abusive, threatening, obscene, defamatory or libelous or invites any conduct that is insulting, abusive, threatening, obscene, defamatory or libelous;
(d) promotes or enables unauthorized copying of another person's copyrighted or other proprietary work, such as providing computer programs or links to them, providing information to circumvent manufacture-installed copy-protected devices, or providing music or links to music files;
(e) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(f) exploits anyone in a sexual or violent manner;
(g) solicits personal information from anyone under the age of 18 or from any other person, except for the permitted purposes set forth in Section 6;
(h) provides instructional information about illegal or potentially harmful activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) solicits passwords or personal identifying information for The Upscale or otherwise unauthorized or unlawful purposes from other users;
(j) encourages or requests others to engage in The Upscale activities and/or purchase or sales, including auctions, contests, sweepstakes, barter, advertising, promotions, pyramid schemes or similar activities; or
(k) otherwise is inappropriate for the iOS App, in The Upscale ’s sole and absolute judgment.
8.5 Posting of Personal Information:
The Upscaleis not responsible for the use or misuse of any personal information that you disclose on the iOS App.It is possible that other users (including unauthorized users, or “hackers”) may post or transmit materials on the iOS App and that you may be involuntarily exposed to such offensive and obscene materials.It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you.We are not responsible for the use of any personal information that you disclose on the iOS App or in connection with the Services.Please carefully select the type of information that you post on the iOS App or release to others.
9. Interaction with other users.
You are solely responsible for your interactions with other users of the iOS App.The Upscale does not guarantee success in establishing any contact during your free membership term, nor is The Upscale is liable if no contact is established during your free membership term.
10. Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, service marks, trade names, or other proprietary or confidential information without obtaining the prior written consent of the owner of these rights. If you believe that your work has been copied and posted on the iOS App or misused in connection with the use of any of the Services by another user,
Our Privacy Statement can be found here:
12. Disclaimers; No Warranties.
12.1 The Upscale is not responsible for any problems or technical malfunction of any network connections or telephone lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at the iOS App, including injury or damage to you or to any other person's computer related to or resulting from participating or downloading materials in connection with the iOS App or the Services.None of the foregoing shall be deemed to be interruptions of Services for purposes of Section 4.2 above.
12.2 The Upscale is not responsible and assumes no liability for
(a) any inaccurate or incomplete information of any Content posted on the iOS App or The Upscale in connection with any of the Services or any Content that is listed in Section 8.4 or that otherwise violates these Terms or applicable laws or regulations, whether this Content is provided by users of the iOS App or Services or any third parties or by any of the equipment or prograThe Upscaleing associated with or utilized as part of the Services;
(b) the conduct, whether online or offline, of any user of the iOS App or any of the Services;
(c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your or any other user’s communications;
(d) any violation of these terms or applicable laws or regulations by any user;
(e) any physical or emotional harm or death as a result of, or in connection with, any contact with other users, including without limitation as a result of any illness contracted from other users, or any physical or emotional violence afflicted by any user in any contact with you or during any relationship;
(f) the lack of any specific results from use of the iOS App and/or the Services;
(g) any illegal access of your account by third parties; or
(h) any failure to meet any other user or lack of success as a result of using the iOS App or the Services.
12.3 THE iOS App AND THE SERVICES ARE PROVIDED "AS-IS."OTHER THAN AS EXPRESSLY PROVIDED FOR HEREIN, The Upscale MAKES NO REPRESENTATIONS OR WARRANTIES.ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
13. Limitation on Liability.
You assume full responsibility and risk for your use of the iOS App and the Services. UNDER NO CIRCUMSTANCES WILL The Upscale OR ANY OF ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THE iOS App OR ANY OF THE SERVICES, AS A RESULT OF ANY CONTENT POSTED ON THE iOS App OR TRANSMITTED IN CONNECTION WITH THE SERVICES OR OTHERWISE BY OR ON BEHALF OF USERS, OR IN CONNECTION WITH ANY INTERACTIONS BETWEEN USERS OF THE iOS App, WHETHER ONLINE OR OFFLINE.NEITHER The UpscaleNOR ANY OF ITS AFFILIATES ARE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE iOS App OR THE SERVICES, EVEN IF The Upscale HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN CASE THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR LIMITED UNDER APPLICABLE LAW, The Upscale ’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.The Upscale 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION.
You hereby agree to indemnify and hold harmless The Upscaleand, without limitation, its directors, officers, employees, agents and subcontractors from and against any and all damages, obligations, costs or expenses arising out of or in connection with any claims brought against The Upscale as a result of your use of the iOS App or the Services or your violation of any rights, including intellectual property rights of The Upscaleor others, or any violation of these Terms.
15. Governing Law; Disputes.
15.1 This Agreement, the Services and your use of the iOS App shall be governed in all respects by the laws of Telangana without regard to its conflict of law provisions.
15.2 You agree to the exclusive personal jurisdiction and venue of the state & courts located in Telangana for all disputes arising out of or in connection with this Agreement or your use of the iOS App and/or the Services.
communications from The Upscale to you regarding the iOS App and the Services are provided through display masks upon "login" or via e-mail to the address The Upscale by you in accordance with the provisions of these Terms.communications from you to The Upscale shall be sent via letter or if explicitly set forth herein via e-mail to the email addresses explicitly set forth herein or on the iOS App for the purpose for which such notice is sent.
17. Advertisers and Links.
The iOS App may contain links to third party iOS App, endorsers or advertisers.These links are included as a convenience and do not imply any sponsorship, endorsement or responsibility by The Upscale for, or any association or relationship of The Upscalewith, these endorsers, advertisers or third party iOS App or their operators.The third party iOS App, endorsers or advertisers are independent of and not controlled by The Upscale , and The Upscale is not responsible for the contents of any advertisements or iOS App, services or goods of any third parties, endorsers or advertisers.
18. No Professional Advice.
Any information or advice that may be posted on the iOS App or The Upscale in connection with the Services is for informational and entertainment purposes only and is not a substitute for the professional judgment of a licensed mental health practitioner or other professional.The Upscale , the iOS App and the Services do not provide psychological advice or medical or diagnostic services.The Upscale makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the iOS App or the Services.
This Agreement contains the entire agreement between you and The Upscaleregarding the use of the iOS App and the Services. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be replaced with a valid and enforceable provision which most closely reflects the intent and bargain set forth in these Terms, and the remainder of this Agreement shall continue in full force and effect.
These Terms are subject to change by The Upscale at any time by posting such changes on the iOS App.The Upscale shall not be required to explicitly point out any such changes to you and such changes will become effective immediately after such posting.You have the option to object to the amended Terms within a period of ten days from the date of posting in which case this Agreement shall terminate, your access to the iOS App and the Services shall cease.