UPdate Terms and Conditions

Last revised: February 26, 2019

Welcome to the Terms and Conditions (these “Terms”) of UPdate (“Service” and “App”) operated by Upboiz (“We”). As used herein, the terms “You” and “User” shall mean any registrant to the Service. Please take a few moments to read these Terms before signing up for the Service. Thank you for your time!

 

1. Acceptance of Terms and Conditions

By creating an account or signing up for an UPdate account, you agree to be bound by these Terms and our Privacy Policy. If you do not accept to be bound by all of the Terms stated herein, you should not use the App and you should not create an account.

These Terms are subject to change without prior notice. We reserve the right to modify, amend, or change these Terms at any time. However, in certain circumstances wherein we think the modifications are crucial, we may send each user an email to inform you about such changes. Nevertheless, it is the user’s responsibility to regularly check this page or these Terms. Your continued use of the App implies you agree to the latest revision of these Terms. If you do not accept any changes made to the Terms, you should stop using the App immediately.

 

2. Eligibility

By signing up for an account, you confirm that you are at least 18 years old. Moreover, you also represent that you are legally permitted to use the Service in accordance to applicable laws, rules, and regulations of the Philippines. You also confirm that you solely own or possess the University email address used in registration. The Service sets a limit on the amount of accounts you can register with an email address. Thus, you are only eligible for registration if you have not reached such a limit. Furthermore, you are confirming that you are not creating another account after the termination of your previous account, unless we grant you to be able to do so.

 

3. Restrictions on the App

You agree that you will not:

  • act in an unlawful, discriminatory, or abusive manner to the Service and other Users of the Service;
  • disclose information that you do not have sufficient permission to do so;
  • use the Service to promote fraudulent activities, pyramid schemes, or any other similar practices;
  • misrepresent your identity with that of another User (also known as an instance of posing or impersonation);
  • misuse information of other Users;
  • scrape or mine data from the App, whether manually or automatically;
  • gain access to, tamper with, hack, or modify non-public, unauthorized areas of the Service or any of its constituent servers and systems.

We reserve the right to terminate, suspend, or banish your account with or without prior notice in an event wherein we believe you have violated the Terms or the restrictions stated herein. If you suspect or believe that another User has violated any of the restrictions or rules, we strongly encourage you to report such behavior to our contact email or use the Report feature within the App.

 

4. Content Restrictions and Rights

Any information a User posts, uploads, displays, makes available or sends to other User(s) (“Content”) includes, without limitation, profile pictures, public profile information, and messages.

Although the Service permits Users to be able to express themselves as much as possible through the content its Users upload and provide, there are restrictions on what kind of Content is NOT allowed on the Service, limited to Content which:

  • Contains language or imagery which could be considered offensive;
  • Depicts obscene, pornographic, or violent material;
  • Could be considered abusive, threatening, insulting, defamatory, or discriminatory;
  • Promotes or encourages sexism, racism, bigotry, or hatred;
  • Promotes any illegal activity in accordance to the laws of the Philippines, including but not limited to terrorism, illegal drug use, human trafficking, or sexual harassment;
  • Contains any malicious program or code (including, without limitation, viruses, Trojan horses, and spyware) intentionally made and designed to interfere with, damage, or interfere with the operation of the Service or the underlying software of any User’s device;
  • Infringes copyrighted material or intellectual property rights;
  • Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, or “spamming”;
  • Depicts another person without that person’s consent.

You are held liable and responsible for any Content you upload or provide (“Your Content”) to the Service and will indemnify, release, defend, and hold us harmless from any claims made in connection with the Content you provide. Upon deciding to choose to reveal or provide any personal information about yourself to another User, whether on or off the Service, you confirm that it is at your own risk. Disclosure of any sensitive personal information such as home addresses, credit cards, and banking details is strongly discouraged.

You agree that Your Content may be viewed by other Users of the Service and other visitors who access a shared link that points to Your Content, and that marking yourself as invisible in the application’s settings does not guarantee that no other User will see Your Content or a portion thereof. By uploading or providing Your Content to the Service, you warrant and represent to us that you have all the necessary rights and licenses to do so. We are not granted any license to reuse and redistribute Your Content in any way or form. Thus, Your Content remains to be your possession and we do not have rights to it except for the purposes of storing Your Content, regardless of its removal or deletion status, as part of the operation of the Service. We have no obligation to review all of Your Content, though you agree that we may monitor and review it. We reserve the right to remove, modify, and block Your Content whenever we deem it necessary with respect to the Terms with or without prior notice.

You agree that we may access and disclose your personal information and/or Your Content if required by the law or in a reasonable assessment wherein disclosure or access would be reasonably necessary, such as to:

  • Comply with the law or legal process;
  • Enforce the Terms or respond to reports and claims about users or Content;
  • Protect the rights, property, or personal safety of Upboiz or another person.

Although we reserve the right to review the Content of our Users, it is the sole responsibility of the owner of the Content to comply with the Terms. Thus, we cannot guarantee that Member Content complies with the Terms. Upon seeing Member Content you deem to be violating the rules stated herein, it is strongly recommended to report it to us via the App or via our contact email. Action on reports, if deemed necessary, shall be taken by the moderation team within 24 hours.

Any other images, logos, artwork, trademarks, graphics, and other intellectual property appearing on the Service are owned and licensed to us unless stated otherwise (“Our Content”). You shall not use, sell, modify, or distribute Our Content except as permitted by the Service’s functionality. You shall not create derivative works from Our Content in any way. You shall solely use Our Content for lawful purposes. Furthermore, if you believe any Content present on the Service infringes upon your intellectual property rights in accordance to applicable laws, please send us a message via our contact email immediately for resolution.

 

5. Privacy

For information about what personal data we and the Service collect and about how personal data is collected, treated, and utilized by Upboiz and the Service, please refer to the Privacy Policy. Your continued usage of the Service implies that you agree to how data is handled and collected in accordance to the Privacy Policy of the App.

 

6. Liability

You agree to use the Service, interact with other Users, and communicate with other Users with caution and safety, especially upon deciding to interact with the User outside the Service.

WE AND THE SERVICE HOLD NO RESPONSIBILITY FOR CONDUCT OR MISCONDUCT OF OTHER USERS INSIDE OR OUTSIDE THE SERVICE. YOU AGREE THAT THE SERVICE HOLDS NO RESPONSIBILITY AND NO LIABILITY WITH YOUR INTERACTIONS TO OTHER USERS. THUS, YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN INTERACTIONS WITH OTHER USERS AND WITH THE SERVICE. YOU UNDERSTAND THAT WE DO NOT CONDUCT ANY TYPE OF CRIMINAL BACKGROUND CHECKING OR SCREENING.

 

7. Disclaimer

THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT. MOREOVER, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE FREE OF INTERRUPTIONS, BUGS, AND ERRORS, OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS AND STANDARDS, OR THAT ANY CONTENT THAT THE SERVICE HOLDS OR ANY PORTION THEREOF IS CORRECT, RELIABLE, AND/OR ACCURATE. THE SERVICE TAKES NO RESPONSIBILITY FOR ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICE THAT YOU OR ANOTHER USER POSTS, SENDS, OR RECEIVES.

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICE, YOUR SOLE REMEDY IS TO STOP YOUR USAGE OF THE SERVICE.

 

8. Notifications

We reserve the right to send alerts, push notifications, and other messages related to the Service only through the app itself, such as offers, enhancements, events, updates, or any other promotions. As an exception, by default, push notifications get sent even if the app is not open or is in the background. You may turn off the notifications for the App through your device’s settings if you wish to receive no notifications at all.

 

9. Third-Party Services

The Service contains advertisements that link to other web sites or applications. We hold no responsibility for the availability or lack of availability of the third-party service. Neither do we hold no responsibility for the interactions you make with the third-party service and its respective actions or terms.

 

10. In-App Purchases

The Service may offer services and products for purchase through application platforms used by the Service such as iTunes/App Store and Google Play. Upon choosing to make any purchase, the application platform will take over to process the payment by first prompting you to enter your account (hereinafter defined as “Application platform account”) details on the corresponding platform. In accordance to the terms and conditions of the platform, your account will be charged for the purchase. A platform may add a charge, such as sales tax, to your purchase, especially depending on the country or location of your account. If the platform is capable of automatic renewal in subscription purchases and you choose to enable auto-renewal, your account will be billed until you opt to cancel the subscription. Available products or services for purchase may have introductory prices wherein you are offered a lower price for your first billing and then you are offered the original price after the first billing. Upon successful purchase of a subscription, the subscription is assigned to the user logged in at the moment of purchase. The Service does not perform any tasks directly related to payment, billing, and auto-renewal. As such, if you wish to perform tasks related to purchases such as, without limitation, cancelling or modifying auto-renewal settings of your subscription, you may only do such purchase-related tasks through the platform which you bought purchases with and not on the App itself. Furthermore, the Service does not manage the cancellation of subscriptions even after account banishment, deletion, or uninstallation of the app, elaborated as such hereinafter.

TO RESTATE, THE SERVICE DOES NOT MANAGE THE STATUS OF PURCHASES. THUS, DELETING YOUR ACCOUNT ON THE SERVICE OR UNINSTALLING THE APPLICATION ITSELF FROM YOUR DEVICE DOES NOT TERMINATE YOUR SUBSCRIPTION. YOU WILL HAVE TO ACCESS YOUR ACCOUNT ON THE APPLICATION PLATFORM AND CANCEL IT MANUALLY.

You may cancel your subscription at any time without penalty or obligation. Cancellation of subscriptions does not guarantee instant removal of the exclusive features within the subscription from your account (hereinafter defined as “Account on the Service”), and as such, it will take less than a day to remove such features from your account. If your purchase is not functioning or applied as expected upon purchase, payments may take up to several minutes to process. If this persists after several minutes, try restoring your purchases (Settings > Restore Purchase) or contact us via our support email. In general, all purchases are nonrefundable, with the inclusion of partially used products and subscriptions. However, this may depend on the application platform you bought purchases with unless stated otherwise. Thus, all purchases made through the service are final and generally nonrefundable and as such, you will not receive money or any other type of compensation for partially used purchases regardless in any event of death, becoming disabled, an account termination or deletion.

 

11. Indemnity

All the actions you make on the Service remain your responsibility. You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Upboiz, our affiliates, and our and their respective owners, members, and employees from and against any and all complaints, demands, claims, losses, damages, college policies (or any group and subgroup thereof including, without limitation, departments, institutions, and organizations), liabilities, costs and expenses, including legal fees, due to, arising out of, or relating in any way to your access to or use of the Service, Your Content, or your violation of these Terms.

 

12. Others

These Terms are accepted upon your use of the Service and is further affirmed upon your registration and verification as a User. These Terms constitute the entire agreement between you and the Service regarding the use thereof. The failure of Upboiz to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The exclusivity of the Service for students of Universities is not perpetual and may be changed or expanded. Likewise, eligibility being restricted to specific email domains is not perpetual and is subject to change. Upboiz may choose to include any University eligible on the Service with or without prior notice. However, unless a non-specific or non-targeted form of eligibility is enforced, the administration of an educational institution or University reserves the right to exclude partially or completely its participation within the Service through a mutual agreement agreed upon by both parties. The section titles in these Terms are solely for convenience and have no legal or contractual effect. These Terms operate to the fullest extent permissible by applicable laws of the Philippines. If any provision of these Terms is unenforceable, void, or unlawful under applicable law, such a provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.