TERMS AND CONDITIONS of http://featuredup.com

Last update: November 27, 2023

OVERVIEW

Featuredup.com is a monetization platform where social media content creators earn from their audience for responding to their questions, comments or requests. Content creators share their Featuredup profile link with their audience and invite them to send paid questions, comments or video requests. A content creator can login to their account and reply to each follower.

This website is operated by owner(s) of http://featuredup.com. Throughout the site and this terms and conditions page, the terms “we”, “us” and “our” refer to the owner(s) of http://featuredup.com. http://featuredup.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by http://featuredup.com (the "Website" or “Site”).

By visiting our site and/ or purchasing something from us, you engage in our “Service” or “Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PLATFORM FEE

Featuredup charges a 12% platform fee on all sales made on the platform. All sale transactions are in $USD. Please note that Featuredup uses PayPal as the primary payment gateway for handling payments and transferring monthly payouts to creators. PayPal will levy its own fees for payment processing and payout to creators. Since Featuredup is based out of Canada, if the creator is based outside Canada, PayPal may charge additional fees for international transfers of payouts. Please refer to Paypal's Fee Structure for the most up to date fees they charge for payment processing and payouts, which is approximately 2.9% + 30 cents respectively and is subject to occasional updates/changes as per PayPal's policies.

USING COMPANY MATERIALS

We may provide you with specific data and information as a result of your use of the Website including, but not limited to, documentation, data, or information that has been developed by us, and other types of materials which may help you in using our Website or Services ("Company Materials"). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. You agree that these Terms of Use will not be interpreted as granting you licence of intellectual property rights.

USER GENERATED CONTENT

"User Generated Content" or “User Content” is photos, profiles, messages, comments, communications, information, data, opinions, notes, materials, website links, text information, and any other content that you and/or other users post, upload or otherwise make available on or via the Website, http://featuredup.com.

CONTENT

While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that featuredup.com provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

YOUR CONTENT

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability. You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook, Twitter, Google or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

MEMBER CONTENT

While you will have access to Member Content (content posted by other users), it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms. Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.

OUR CONTENT

Featuredup.com owns all other content on our Services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned by us. This includes content controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

RIGHTS YOU ARE GRANTED BY featuredup.com

Featuredup.com grants you the right to use and enjoy our Services, subject to these Terms. For as long as you comply with these Terms, featuredup.com grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by featuredup.com and permitted by these Terms and applicable laws.

RIGHTS YOU GRANT featuredup.com

You own all of the content you provide to featuredup.com, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to featuredup.com a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. featuredup.com’s license to Your Content shall be non-exclusive, except that featuredup.com’s license shall be exclusive with respect to derivative works created through use of our Services. For example, featuredup.com would have an exclusive license to screenshots of our Services that include Your Content.

In addition, so that featuredup.com can prevent the use of Your Content outside of our Services, you authorize featuredup.com to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Featuredup.com is not obligated to take any action with regard to use of Your Content by other users or third parties. Featuredup.com’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

In consideration for featuredup.com allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. You agree that featuredup.com may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

ELIGIBILITY FOR YOUR ACCOUNT; YOUR RESPONSIBILITIES

Your use of the Website requires you to create an account identifying you as a user (an “Account”) By agreeing to these Terms of Service you agree and warrant that: You represent that you are at least 18 years of age. We assume no responsibility or liability for any misrepresentation of your age.

You are completely and solely responsible for your Account’s maintenance, confidentiality, security and password related to your Account, including any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission. Your use of the Website is at your own risk.

You agree to notify us immediately in the event of an unauthorized use of your Account, any service provided via your Account, any unauthorized use of password related to your Account, or any security breach with respect to your Account, and you agree to provide assistance to us, when requested, to stop the breach of security of your Account.

You may not use our products and services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You have not been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence. You do not have more than one account on our Services. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account. You are not required to register as a sex offender with any state, federal or local sex offender registry.

You agree to:

Comply with these Terms, and check this page from time to time to ensure you are aware of any change; Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements; Use the latest version of the Website and/or App; Treat other users in a courteous and respectful manner, both on and off our Services; Be respectful when communicating with any of our customer care representatives or other employees; Maintain a strong password and take reasonable measures to protect the security of your login information.

You agree that you will not:

Misrepresent your identity, age, current or previous positions, qualifications, or affiliations (including political affiliation) with a person or entity; Use the Services in a way that damages the Services or prevents their use by other users; Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks; Use our Services for any harmful, illegal, or nefarious purpose; Post any content that incites violence or discrimination towards any group or person. Harass, bully, stalk, intimidate, assault, defame, harm, threaten or otherwise mistreat or violate any person's legal rights;

Post or share Prohibited Content (see below); Solicit passwords for any purpose, or personal identifying information for unlawful purposes from other users or disseminate another person’s personal information without his or her permission; Use or access another user’s account by logging in with their credentials or by modifying the web browser URL;

Violate the security of the Website with any form of unauthorized access; Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or Disclose private or proprietary information that you do not have the right to disclose; Copy, modify, transmit, distribute, or create any derivative works from, any user’s content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without http://featuredup.com’s prior written consent;

Express or imply that any statements you make are endorsed by http://featuredup.com; Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents; Upload viruses or other malicious code or otherwise compromise the security of our Services; Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services; “Frame” or “mirror” any part of our Services without http://featuredup.com’s prior written authorization; Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so; Use or develop any third-party applications that interact with our Services or user content or information without our written consent; Use, access, or publish the http://featuredup.com application programming interface without our written consent; Probe, scan or test the vulnerability of our Services or any system or network; or Encourage, promote, or agree to engage in any activity that violates these Terms.

Prohibited Content — http://featuredup.com prohibits uploading or sharing content that:

Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person; Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity; Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry; Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense; Is defamatory, libelous, or untrue;

Involves the transmission of “junk” mail or “spam”; Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from http://featuredup.com or otherwise; Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights); Was not written by you or was automatically generated, unless expressly authorized by http://featuredup.com; Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;

Is inconsistent with the intended use of the Services; or May harm the reputation of http://featuredup.com or its affiliates. The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

MARKETING CAMPAIGNS AND CASH PRIZES

If you join the website as a content creator and are participating in a campaign, the rules of the campaign will be clearly outlined and governed by the campaign page. You allow us and agree to use your profile information and your content to promote on the website, on our social media accounts, in our outgoing emails as well as for any other marketing purposes.

ACCOUNT TERMINATION AND SUSPENSION

We may, in our sole discretion, terminate, remove or restrict your Account and your use of the Website, effective any time, without notice to you, for any reason, including because the operation or performance of the Website or our or any third party's website or network is impaired by your use of the Website, any amount is past due from you to us or our third party, or that we have received a third party complaint or user complaint which relates to your use or misuse of the Website. We will have no responsibility to notify you or any third party, including any third-party providers of services, merchandise or information, of any restriction, suspension or termination of your access to the Website. In addition, a breach or violation of any of the Terms will result in an immediate termination of your account and services.

If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know. If you created your profile on our Website as a content creator, you can delete your account at any time by logging into the Website, going to “More”, and following the instructions to deactivate your membership. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play, Paypal, Stripe etc.) to avoid additional billing.

Featuredup.com reserves the right to terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that featuredup.com regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by featuredup.com for any reason, these Terms continue and remain enforceable between you and featuredup.com, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

INTELLECTUAL PROPERTY

All intellectual property on the Website (except for User Generated Content, Your Content and Member Content) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information (user content, member content or any other content) made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site (except user generated content) at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products/services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. This may be as a result of, but not limited to, service interruptions required to perform maintenance of the Website for emergency/urgent issues, planned or unplanned maintenance. You agree that your access to the Website may be affected by planned, or unplanned downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES AND REFUNDS

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities or unavailability due to any reason and are not subject to return, exchange or refund unless deemed necessary by the owner/operator of the website, http://featuredup.com. Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds or if the refund is deemed necessary at the sole discretion of the owner(s) of http://featuredup.com.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not guarantee the accuracy or reliability of any product or service information and you acknowledge and agree that you purchase such products at your own risk.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products/services or product/services pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product/service at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PAYMENT, ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order or purchase you place with us. We may, in our sole discretion, limit or cancel services purchased per person, per household or per order or purchase. These restrictions may include orders or purchases placed by or under the same customer account, the same credit card, and/or orders or purchases that use the same billing and/or shipping address. In the event that we make a change to or cancel an order or purchase, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address. You agree to using a valid payment instrument (credit card/debit card etc.) for your purchase, so that we can complete your transactions and contact you as needed.

When you provide a payment instrument to us or any third party application we use to process payments, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount including any fees and taxes of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION AND PRIVACY

Your submission of personal information through/on the Website is governed by our Privacy Policy. To view our Privacy Policy go to http://featuredup.com/assets/privacy-policy.php

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, user/member information, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

http://featuredup.com does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others. You understand that http://featuredup.com does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. http://featuredup.com makes no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of users. If we decide to conduct any screening through a consumer reporting agency, you hereby authorize the company to obtain and use a consumer report about you to determine your eligibility under these terms.

You are completely and solely responsible for your interactions with other users on the Website. Though http://featuredup.com strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

http://featuredup.com takes no responsibility for any content that you or another user or third party posts, sends, or receives through our services nor does featuredup.com take any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate by acquiring their information through our Website. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.

In no case shall http://featuredup.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Website, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content on the Website (including user generated content), or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless http://featuredup.com and/or our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

ACCEPTANCE OF TERMS

By using our Services, whether through a mobile device, mobile application, tablet, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy and (iii) any Additional Terms Upon Purchase (if available at the time). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use our Services.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING 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 Ontario, Canada.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service can be sent at info@featuredup.com.
Company Address: 69 Kellington Trail, Stouffville, Ontario, L4A 1X6, Canada