This The Upscale is part of a network of affiliated dating ("Affiliates") that cater to elite, and attractive singles. (the "The Upscale"). Although the The Upscale Member database is owned and maintained by The Upscale, most of thes within the The Upscale Network are not owned or maintained by The Upscale. Affiliates are landing pages which provide a portal to the The Upscale, which potentially increases the number of individuals with whom you may have a match. Affiliates within the The Upscale network have different domain names, but all link to the The Upscale.
If you create or maintain a profile on the The Upscale, and you share your profile or username with other The Upscale Members, you are agreeing that your profile may be displayed to such Members. Anyone who is a The Upscale Member, and who accesses the The Upscale through an Affiliate landing page, can view your profile on the The Upscale, unless you set your profile to invisible or restrict access to portions of your profile. Non-members cannot recognize your specific identity by accessing your profile, either on the The Upscale or from an Affiliate landing page, unless you provide public information about yourself, which you have agreed you will not do. See, section 8.3 of this Agreement.
1. TERMS & CONDITIONS
1.2 You must be at least 18 years of age to register as a Member of The Upscale or to use the The Upscale. Membership in the Service is void where prohibited.
1.3 If you wish to obtain a copy of this Agreement in non-electronic form, please contact The Upscale at the address listed on the Contact page.
2. MEMBER'S REGISTRATION INFORMATION
2.1 As a condition for using the Service, you agree to:
2.2 If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, The Upscale has the right to terminate your account and refuse any and all current or future use of the Service.
3. PROFILE SHARING AND DISTRIBUTION
3.1 Affiliates are merely landing pages that direct or link persons to the The Upscale. A person cannot view your profile or private photos from an Affiliate. Whether a person comes to the The Upscale from an Affiliate or is already on the The Upscale, that person would have to become a The Upscale Member to view or access your profile
3.2 The Upscale may share information, including your personal information, with third parties (non-Members) that perform certain services on behalf of The Upscale and The Upscale including analytics, fraud prevention, customer service, member screenings, and support of the The Upscale functionality.
4. MEMBER INFORMATION & EMAIL
4.1 The Upscale considers non-public Member account information, including but not limited to information you provide during the registration process and e-mail communications transmitted by you through the Service, to be your private information. The Upscale will not disclose such information to any third parties without your consent. However, you acknowledge and agree that The Upscale may disclose your profile information if The Upscale determines that disclosure is reasonably necessary:
5. MODIFICATIONS TO SERVICE
5.1 The Upscale reserves the right to discontinue, temporarily or permanently, the Service with or without notice to you. In the event that The Upscale discontinues providing the Service to you for reasons other than your breach of this Agreement.
5.2 You agree that The Upscale shall not be liable to you or to any third party for any discontinuation of the Service other than as stated in section 6.1 above, and that The Upscale will not be liable to you or to any third party for any sum more than the membership fee for which you paid. If any third party makes a claim against The Upscale based upon services provided to you, you agree to hold The Upscale harmless and to indemnify The Upscale for any and all losses, expenses or liability except for losses, expenses or liability which were solely caused by The Upscale willful misconduct.
6. MEMBER CONDUCT
6.2 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the "The Upscale" Network or Service. You also agree not to interfere with the use and enjoyment of the Service by other Members.
6.3 You agree not to transmit on the Service any obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable offensive, vulgar, racist, harmful, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or unfit for use on the The Upscale, regardless of whether such material is constitutionally protected.
6.4 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.
6.5 You agree not to transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of email, or to use the Service for any commercial purpose.
6.6 You agree not to engage in advertising or solicitation of other The Upscale Members, including but not limited to advertising to buy or sell any products or services, solicitations of any kind, or use of the The Upscale for any commercial purpose. You agree not to send any chain letters, junk email, or product solicitations through the Service. Use of the Service for advertising is strictly forbidden unless expressly approved by The Upscale.
7. USE OF SITE
7.1 You agree not to interfere or attempt to interfere with the operation of the The Upscale, the Service and/or software used to operate the The Upscale and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means prohibited by any provisions of these terms and conditions.
7.2 You and/or any Member may not at any time attempt to use or act upon any software, robot, bot, spider and/or any other means of entering the The Upscale and/or the Service. You may not post any type of service or URL for any reason.
7.3 You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post any photos containing nudity or otherwise vulgar or offensive material in any areas on the The Upscale or the Service, which are accessible to the public or to The Upscale Members.
7.4 The Upscale reserves the right, but has no obligation, to reject or remove any content, profile or photo that does not comply with the letter or spirit of this Agreement.
8. DEALINGS WITH ADVERTISERS, VENDORS & OTHERS
8.1 You acknowledge and agree that any and all links from The Upscale and/or links from any and all others owned and/or operated by The Upscale do not constitute an endorsement from The Upscale or any of its partners, Affiliates, and/or other sites or services of those links. The Upscale provides these links solely for information, and each Member is responsible to evaluate the content and usefulness of any information from these links.
8.2 Because The Upscale may have no control over others and information, you acknowledge and agree that The Upscale is not responsible for the availability or content of such others or resources.
8.3 You agree not to hold The Upscale liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, Affiliates, vendors or others available on or through the Service, or as the result of your dealings with others, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the The Upscale.
8.4 You are solely responsible for your interaction with other Members of the The Upscale and the The Upscale Network whether online or offline. The Upscale is not responsible or liable for the conduct of any user or Member, and,The Upscale reserves the right, but has no obligation to monitor or become involved in disputes between you and other users or Members. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities.
9. PROPRIETARY RIGHTS
9.1 You acknowledge and agree that content, including but not limited to text, or other material contained in sponsor advertisements or information presented to you by The Upscale, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by The Upscale, its Affiliates or advertisers, and you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization. You agree to abide by any and all restrictions, rights, and/or copyright notices displayed on the The Upscale.
9.2 To the fullest extent permitted by law and this Agreement, you acknowledge and agree that any material you send to The Upscale or The Upscale, by email or otherwise, including any suggestions and comments that you post on The Upscale, the The Upscale, the Service and/or in any areas on the Service that are accessible to the public or The Upscale membership, will be treated as non- confidential and non-proprietary and that The Upscale may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that The Upscale will not owe you a commission, fee, or any sum in return for its use of said non- confidential and non-proprietary information.
10. WARRANTIES & REPRESENTATIONS
By posting or transmitting any file, data, photograph, or other content or communication to The Upscale or on the Service, you represent and warrant as follows:
10.1 That the public posting and use of the file, message, data, photograph, or other content or communication by The Upscale and any Members of The Upscale will not infringe or violate the rights of any other party, including but not limited to any intellectual property rights.
10.2 That, prior to transmitting to The Upscale or The Upscale or posting or reproducing on the Service any file, message, data, photograph, or other content or communication in which another party has any proprietary interest, including but not limited to any intellectual property rights, you have obtained all required and necessary consent from that party or parties.
10.3 That you are using the Service in accordance with any and all applicable laws and regulations and this Agreement, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.
10.4 That you have never been convicted of a felony.
10.5 That you are not required to register as a sex offender with any government agency.
11. DISCLAIMER OF WARRANTIES
11.1 The Service and the materials available on or through the Service and the The Upscale Network are provided "as is," "as available," and without warranties or conditions of any kind, either express or implied.
11.2 To the fullest extent permissible at law, The Upscale disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.
11.3 The Upscale does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the The Upscale or the servers that make it available are free of viruses or other harmful components. The Upscale does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or error free.
11.4 The Upscale does not represent or warrant that your Personal Information and Financial Information will not be disclosed to third parties in the case of an unauthorized data breach. The Upscale does not represent or warrant that third parties will not use your Personal Information and Financial Information in an unauthorized manner in the case of an unauthorized data breach.
11.5 The Upscale does not conduct criminal background checks on its users or Members. The Upscale reserves the right, but does not assume the duty, to conduct any background checks of its Members or users at any time using any available public records.
11.6 The Upscale is not responsible for any of the information provided to The Upscale or The Upscale during the age, education, photo, occupation, income or any other verification process. In issuing any certification as to a Member's "verified" or "certified" status, you agree and accept that The Upscale has not done any due diligence on the materials or information provided, but has simply relied on the information submitted by the Member or user, which may or may not be accurate or truthful. The term "verified" or "certified" is not to be in anyway construed as a guarantee of any information provided by the Member to you or by the Member or user to The Upscale.
12. LIMITATION OF LIABILITY
12.1 To the fullest extent permissible under applicable law, The Upscale and its Affiliates shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages including but not limited to lost profits that result from:
12.2 You specifically agree that The Upscale and its Affiliates are not responsible or liable for any information on the The Upscale which is obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal or otherwise objectionable offensive, vulgar, racist, harmful, or otherwise unfit for use on the The Upscale or conduct of any other party or any infringement of another's rights, including intellectual property rights.
12.3 In no event, except in jurisdictions where such provisions are restricted, shall The Upscale and its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees be liable to you or to any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the The Upscale, the Service, any and all other sites, any and all services, advertising, banners, and/or any part of the The Upscale and/or any service or services offered.
12.4 You agree that The Upscale and its Affiliates shall never in any way be liable to you for any services apart from dating related.
12.5 In no event shall The Upscale or its Affiliates be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users or Members of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet offline or in person. You understand and agree that The Upscale and its Affiliates make no representations, guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should never provide your personal financial information (for example, your credit card or bank account information, SSN, etc.) to any other Member.
12.6 You acknowledge and agree that no is 100% safe from intrusion by unauthorized hackers or other persons The Upscale to obtain the personal and financial information of users of that, and the The Upscale is no different. The The Upscale and mobile application have security measures in place to protect against the loss, misuse and alteration of the information under The Upscale’s control. The Upscale utilizes secure server software (SSL) to provide secure commerce transactions for our members. The Upscale encrypts all of your Personal Information and Financial Information as it travels over the Internet, and The Upscale stores your Financial Information on its servers in encrypted form. Although The Upscale and The Upscale strive to maintain necessary safeguards to protect your Personal Information, Financial Information and other data, you acknowledge and agree that they cannot ensure the absolute security or privacy of such information in the case of a breach of those safeguards by a third party. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have laws which are as protective of your privacy as the laws in your country or jurisdiction. As a result, neither The Upscale nor The Upscale can provide you with a guaranty or absolute assurance that your information will not be compromised. By accessing and providing information through the The Upscale, The Upscale, and affiliateds, you understand and agree that you have decided to accept the risks of doing so.
13.1 You agree to indemnify and hold harmless The Upscale and its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees, from any loss, liability, claim, demand, or damage, asserted by any third party due to or arising from the content you transmit to or through the Service, as well as your conduct on or arising from your use of the Service, including but not limited to your use of the Service in violation of this Agreement.
16. PROFILE DISCLAIMER
17. OTHER DISCLAIMERS
17.1 The Upscale assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, Members and/or users and/or standard Member communications. This includes personal injury or damage to users, Members, standard Member, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with The Upscale and each of its services, its parents, subsidiaries, Affiliates, officers and employees.
17.2 The Upscale cannot guarantee and does not promise any specific results from use of the Service and/or the The Upscale.
18. DISPUTE RESOLUTION/WAIVER OF REPRESENTATIVE ACTION
18.1 By checking the box below and entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the The Upscale and/or the The Upscale Network, any and all such disputes shall be resolved by submission to binding arbitration
18.2 Except as otherwise required under applicable law, (1) you and The Upscale expressly intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (2) you and The Upscale agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (3) each of you and The Upscale shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.
18.3 You are entitled to seek the advice of your own legal counsel before entering into this Agreement as well as at any time after you enter into this Agreement. If you enter into this Agreement by checking the box below, The Upscale will assume that you have either consulted with your own legal counsel or decided that you do not need to do so before entering into this Agreement.