TERMS OF SERVICE
Upscribbr may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Offerings after such posting constitutes your consent to be bound by the Terms, as amended.
1. The Upscribbr Market
The Site enables consumers to schedule or purchase a wide range of Offerings offered and operated by third parties (collectively, “Sellers”). Upscribbr does not own, operate or control any of the Offerings that are offered at or through Sellers.
Sellers may make available various subscription plans, promotional plans, and non-subscription purchases. These options consist of different services and features and may be subject to additional and differing conditions, prices, policies and limitations as established by Sellers. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. Upscribbr makes no commitment on the quantity, availability, type or frequency at which Offerings will be available and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
2. Sellers Terms & Conditions
Users purchasing Offerings are deemed to agree to the liability waivers and/or other terms and conditions of individual Sellers. Your purchase of any Offerings may be subject to additional policies, rules or conditions of the applicable Seller. If you have questions about a Seller’s terms and conditions, please see the applicable Seller’s website or contact the Seller directly.
3. Your Account
To enjoy full access to the Site and Offerings, you need to sign up for a user account. A user account enables to you sign up and pay for Offerings. Unless otherwise established in connection with a particular Service, subscriptions start on the date that you sign up for a subscription and submit a current, valid, and accepted method of payment (“Payment Method”) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period (whether at the time of sign up or otherwise, such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle,” as further explained below). We may update the accepted methods from time to time.
Upscribbr does not guarantee the availability of particular Sellers or Offerings, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, allocation and availability of Sellers and other Offerings offered, are determined by Upscribbr in our sole discretion.
Upscribbr may permit you to purchase certain products or Offerings through the Site. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
Your Upscribbr account is personal to you and you agree not to create more than one account. You cannot transfer or gift Offerings or credits to third parties or allow third parties to use your Upscribbr account, including other Upscribbr users. You must not use or exploit the Site and/or Offerings for commercial purposes. We continually update and test various aspects of the Upscribbr platform. We reserve the right to (and by using the Site and/or Offerings you agree that we may) include or exclude you from these tests without notice. You understand and agree that Upscribbr may take actions we deem reasonably necessary to prevent fraud and abuse. You agree that the information you provide to Upscribbr at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the internet and may be required to download an Upscribbr mobile application to use some or all of the Upscribbr features. You are solely responsible for providing your own access (e.g., computer, mobile device, internet connection, etc.) to the Site.
4. Purchaser Billing and Fees
By initiating a purchase transaction for Offerings, you authorize us to charge you for the transaction, or your initial subscription period and a recurring monthly subscription fee at the established rate applicable to the Offerings. You authorize us to charge your Payment Method for the amounts applicable to the Offerings you purchase, which may be billed monthly in one or more charges, as determined at the time of purchase. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes and cancellation or late fees. Note that even if you do not use the Site or the selected Offerings, you will be responsible for any fees incurred until you cancel your order, or it is otherwise terminated.
When you purchase a subscription-based Service, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate.
Generally, our fees are nonrefundable unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to customers in the following circumstances:
1. if you are canceling a purchase transaction in its entirety and request a refund within five (5) days of the date of your first payment or
2. if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death.
In each case above, we reserve the right to charge a fee to cover the cost of any Offerings you may have used or received prior to your cancellation and to ask for proof of a changed condition, to the extent permitted by law.
Upscribbr encourages you to work directly with Sellers to request refunds for Offerings you do not receive. If for any reason this fails, you may contract Upscribbr at [email protected] to request a refund. In rare circumstances where Upscribbr finds it appropriate, we may cancel a completed order and refund a portion of the amounts paid for the canceled order to your account balance, and deduct the refunded amount from the Seller’s account balance. If there are no sufficient funds in the Seller’s account balance, the refund will be processed against future revenues of the Seller. We do not automatically refund payments made for canceled orders to your payment provider. Funds from cancelations are returned to your Upscribbr account balance and are available for future purchases through Upscribbr.
You may edit your Payment Method information by logging onto our Site and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
If you cancel your Upscribbr account or it is terminated for any reason, you may lose access to all Offerings available through the Site.
As an Upscribbr purchaser, you must sign up for and cancel your Offerings only through the Site. It is a breach of these Terms if you transact or cancel directly with a Seller, including through any online or mobile account you have with a Seller, independent of Upscribbr. If you reserve or cancel directly with such Seller, we reserve the right to charge you the full amount that the Seller charges for such Offerings and/or any applicable cancellation fees, and/or to suspend or terminate your Upscribbr account.
You understand and agree that, at any time and without prior notice Upscribbr may (1) terminate, cancel, deactivate, disable, delete and/or suspend your account, any orders placed, or your access to or use of the Site, and/or Offerings (or any portion thereof, including but not limited to your access to any or all Sellers or Offerings) and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site. This includes the right to terminate or modify any account or purchased Service prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upscribbr shall have no liability for, and you shall have no recourse for, any such termination or deactivation. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Offerings and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Upscribbr will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate an order. If Upscribbr deletes your account for these reasons, you may not re-register for or use the Site and/or Offerings under any other user name, email, payment method or profile. Upscribbr may block your access to the Site to prevent re-registration.
5. Prohibited Conduct
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
- Harass, threaten, stalk, disrupt or defraud users, members or staff of Upscribbr or Sellers or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
- Share Upscribbr passwords with any third party;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
- Upload material (e.g. virus) that is damaging to computer systems or data of Upscribbr or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
- Link to, mirror or frame any portion of the Site;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
- Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
- Upscribbr reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
6. Located in the U.S.
The availability of all or part of our Site and any Offerings may be limited based on geographic, age, or other criteria as we may establish from time to time. For example, you must be 18 years of age or older to use the Site and/or purchase Offerings. You further understand that the Site and Offerings may not be available in every geographic location.
Upscribbr currently operates in the united states. these terms are only applicable to users in the u.s. the site is not available to any users suspended or removed from the site by upscribbr. by using the site, you represent that you are a resident of the united states, at least 18 years old and have not been previously suspended or removed. those who choose to access the site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email or other electronic messages, or privacy.
7. User Content
The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Content”). Upscribbr does not guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Site. You understand and agree that User Content may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Upscribbr’ platform), including any Seller, may read or have access to your User Content. Upscribbr is not responsible for the use or disclosure of any information that you disclose in connection with User Content, including any personal information. User Content is displayed for information purposes only and reflects the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Upscribbr. You understand that all User Content is the sole responsibility of the person from whom such User Submission originated. This means that you, and not Upscribbr, are entirely responsible for all User Content that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Upscribbr makes no representations that it will publish or make available on the Site any User Content, and reserves the right, in its sole discretion, to refuse to allow any User Content on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Upscribbr may remove User Content upon receipt of a compliant takedown notice. Upscribbr may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Upscribbr determines in its sole discretion to violate the standards of this Site. Upscribbr takes no responsibility and assumes no liability for any User Content.
You retain all your ownership rights in original aspects of your User Content. By submitting User Content to Upscribbr, you hereby grant Upscribbr and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Upscribbr Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Content and derivatives thereof in connection with the Site and Upscribbr’s (and its successors’) business, for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
You are solely responsible for your own User Content and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Upscribbr to use all patent, trademark, copyright, or other proprietary rights in and to your User Content to enable inclusion and use of your User Content in the manner contemplated by Upscribbr and these Terms, and to grant the rights and license set forth above, and (ii) your User Content, Upscribbr or any Upscribbr Licensee’s use of such User Content pursuant to these Terms, and Upscribbr or any of Upscribbr Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e) require obtaining a license from or paying fees or royalties to you or any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
You understand that when using the Site, you may be exposed to User Content from a variety of sources and that Upscribbr does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST UPSCRIBBR WITH RESPECT THERETO.
In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Upscribbr may have at law or in equity.
8. Intellectual Property Rights
Seller grants to Upscribbr a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (a) Seller’s name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved to use by Seller (collectively, “Seller IP”); and (b) any third party’s name, logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by Seller (collectively, “Third Party IP”), in each case in connection with the promotion, sale/resale (as may be applicable) or distribution of the Seller Offering in all media or formats now known or hereinafter developed (“License”). Any use of the Seller IP or Third Party IP as contemplated in this Agreement is within Upscribbr’s sole discretion.
Seller acknowledges and agrees that, as between the parties, Upscribbr owns all interest in and to the Website, Customer Data, Upscribbr trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the Website, all audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by Upscribbr or at Upscribbr’s direction, or assigned to Upscribbr, and any materials, software, technology or tools used or provided by Upscribbr to promote, sell/resell (as may be applicable) or distribute the Seller Offering and conduct its business in connection therewith (collectively “Upscribbr IP”). Seller shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit, stream, place shift, transfer, copy, reproduce, download, time shift, display, perform, modify or timeshare the Upscribbr IP or any portion thereof, or use such Upscribbr IP as a component of or a base for products or services prepared for commercial use, sale, sublicense, lease, access or distribution, except that Upscribbr grants Seller a limited, non-exclusive, revocable, non-transferable, non-sub licensable license during the Term to use one copy of Upscribbr’s mobile Seller software application on a single mobile computer, tablet computer, or other device, solely for the purposes permitted by that software, and to make one copy of the software for back-up purposes. Seller shall keep the Upscribbr IP confidential, and shall not prepare any derivative work based on the Upscribbr IP or translate, reverse engineer, decompile or disassemble the Upscribbr IP. Seller shall not take any action to challenge or object to the validity of Upscribbr’s rights in the Upscribbr IP or Upscribbr’s ownership or registration thereof. Except as specifically provided in this Agreement, Seller and any third party assisting Seller with its obligations in this Agreement, are not authorized to use Upscribbr IP in any medium without prior written approval from an authorized representative of Upscribbr. Seller shall not include any trade name, trademark, service mark, domain name, social media identifier, of Upscribbr or its affiliates, or any variant or misspelling thereof, in any trademark, domain name, email address, social network identifier, metadata or search engine keyword. Seller shall not use or display any Upscribbr IP in a manner that could reasonably imply an endorsement, relationship, affiliation with, or sponsorship between Seller or a third party and Upscribbr. All rights to the Upscribbr IP not expressly granted in this Agreement are reserved by Upscribbr.
If Seller provides Upscribbr or any of its affiliates with feedback, suggestions, reviews, modifications, data, images, text, or other information or content about a Upscribbr product or service or otherwise in connection with this Agreement, any Upscribbr IP, or Seller’s participation in the Seller Offering or Subscription, (collectively, “Feedback”), Seller irrevocably assigns to Upscribbr all right, title, and interest in and to Feedback. In the event your assignment to Upscribbr is invalid for any reason, you hereby irrevocably grant Upscribbr and its affiliates a perpetual, paid-up, royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (i) use, reproduce, perform, display, and distribute Feedback; (ii) adapt, modify, re-format, and create derivative works of Feedback for any purpose and sublicense the foregoing rights to any other person or entity. Seller warrants that: (A) Feedback is Seller’s original work, or Seller obtained Feedback in a lawful manner; and (B) Upscribbr and its sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. Seller agrees to provide Upscribbr such assistance as Upscribbr might require to document, perfect, or maintain Upscribbr’s rights in and to Feedback.
9. Agreement to Terms
You acknowledge and agree that by clicking on the button labeled “CONFIRM PURCHASE,” “SUBMIT”, “PLACE MY ORDER”, “I ACCEPT” or such similar links as may be designated by Upscribbr to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR OFFERINGS OFFERED BY UPSCRIBBR. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
All aspects of or content or features available through the site and/or offerings are provided “as is” and “as available” without warranties of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, upscribbr, on behalf of itself and its suppliers and partners, disclaims and excludes all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
Offerings and other non-upscribbr products and offerings made available via the site are provided by third parties (and the descriptions of the foregoing posted on the site are provided by such third parties), not upscribbr. to the fullest extent permissible pursuant to applicable law, your use of the site and your purchase and/or use of offerings, is solely at your own risk.
11. Waiver & Release
You understand that upscribbr is a marketplace and the offerings sellers provide are operated and delivered by the applicable seller and not by upscribbr. upscribbr is not responsible for the quality of any service provided by a seller or third party. you are solely responsible for determining whether the offerings are right for you.
Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless upscribbr and its affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your misuse of the site, offerings, or violation of these terms.
12. Limitation of Liability
Except for seller’s indemnification obligations hereunder, in no event is either party liable or obligated to the other party or any third party for any lost profits, lost business, special, incidental, exemplary, consequential, punitive, or indirect damages regardless of the form of action, whether in contract, tort or otherwise, even if informed of the possibility of any such damages in advance. Upscribbr’s sole and complete liability to seller for any claims arising out of or relating to this agreement, or any errors, omissions or misplacements of any subscription is limited to the amount of fees retained by upscribbr hereunder for the preceding six(6) months after final calculation and reconciliation of all refunds. This limitation of liability applies to the maximum extent permitted by applicable law and notwithstanding the failure of any limited remedy. in addition, any claim by or on behalf of a seller in connection with any payment made by upscribbr, including, but not limited to, claims alleging that a seller was underpaid, must be made in writing to upscribbr within ninety (90) days from the date upscribbr remits the payment at issue. All claims not made in accordance with the foregoing shall be deemed waived, released and discharged by seller.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
You agree that we may communicate with you through any and all contact information and methods you provide to us. In the event that Upscribbr waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Upscribbr to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: [email protected]