- We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
- To use The Upscale , you must be at least 18 years of age, legally capable of entering into a contract and not be registered as a sex offender anywhere in the world.
- You can register at The Upscale through your Facebook account, or you can register directly. If you register at The Upscale through Facebook , you authorize us to access and use on The Upscale your Facebook account information, including your public profile. You are responsible for maintaining the confidentiality of the password you choose during the registration process, and you are solely responsible for all activities that occur under your account. Please take precautions to protect your password and contact us at [email protected] if you believe there has been any unauthorized use of your account.
- You may only register on The Upscale using your own details, and all information you provide to us on registration must be accurate and complete.
3.Use of the App
- The Upscale enables users to upload added information, including their own perception of their aesthetic characteristics, and to upload photographs. The Upscale will then match users to other users based on the added information. Each user will be able to see the added information and photographs provided by a user that they match.We will not be sharing or selling users shared information to any other third party companies.
- Users can like any of their matched users for free. Users can also send a message/chat to a matched user for free.
- Users can chat within The Upscale if (a) matched users exchange Hearts; (b) matched users exchange likes; and (c) one matched user sends a Heart, and the other user sends a like.
- The Upscale permits users to use The Upscale for your own personal use. The Upscale must not be used for any illegal or unauthorized purpose. Users of The Upscale may not use any information obtained from The Upscale to advertise to, solicit, or sell to any other user without his or her prior explicit consent.
- When you use The Upscale you must comply with all applicable Indian laws and with any applicable international laws, including the local laws in your country of residence. In particular, but without limitation, you agree not to (a) try to gain unauthorized access to The Upscale or any networks, servers or computer systems connected to The Upscale ; (b) use The Upscale in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of The Upscale ; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of The Upscale .
- There are many opportunities for you to interact and provide content to The Upscale and to interact with other users (User Content). You understand and agree that User Content may be viewed by other users on The Upscale , and that they may be able to see who has posted User Content. You further agree that we can use User Content for any other purposes, and combine User Content with other content for use within The Upscale and otherwise. We do not have to attribute User Content to the user who first provided that User Content.
- User Content must comply with all applicable laws and regulations. In particular, but without limitation, your User Content must not (a) be inaccurate, false or misleading; (b) promote racism, hatred or physical harm of any kind against any group, establishment or individual; (c) harass or encourage harassment of another person; (d) promote illegal activities, criminal conduct or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contain inappropriate content, including sexual or violent content; (f) involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; and/or (g) infringe any third party rights, including copyright, trade marks or rights of privacy.
- We are not responsible and accept no liability for User Content including any User Content that contains incorrect information or is defamatory about another user. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any User Content.
5.Meeting other users
- You understand that we do not investigate the backgrounds of any users or check the information provided by users.
15.You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside The Upscale or meet in person.
16.The Upscale shall have no liability to you whatsoever in relation to your interactions with other users of The Upscale .
6.Link to third party content
- The Upscale may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
- We accept no responsibility for adverts contained within The Upscale . If you agree to purchase goods and/or services from any third party who advertises in The Upscale , you do so at your own risk.
19.The advertiser, and not The Upscale , is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7.Additional Terms for Users who download The Upscale from iTunes App Store
- We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for The Upscale and the content thereof.
- The licence granted to you for The Upscale is limited to a non- transferable licence to use The Upscale on an iPhone, iPad that you own or control and as permitted by the Usage Rules set forth in The Upscale Terms and Conditions.
- We, not Apple, are solely responsible for providing any maintenance and support services with respect to The Upscale , as specified in this Agreement. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to The Upscale .
- We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of The Upscale to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for The Upscale to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to The Upscale , and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
- We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to The Upscale or your use or possession of The Upscale , including, but not limited to (a) product liability claims; (b) any claim that The Upscale fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- We both acknowledge that, in the event of any third-party claim that The Upscale or your possession and use of The Upscale infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
- We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.