Terms and Conditions

Statement of Rights and Responsibilities!

This Statement of Rights and Responsibilities (“Statement”) governs our relationship with users and others who interact with GoingUp! By using or accessing GoingUp! products and/or services, you agree to this Statement.

1. 1. Privacy

      Your privacy is very important to us. Unless otherwise indicated, we will not share your personal account details with any other 3rd party. See our dedication to your privacy by clicking the Privacy Statement at our site.

   2. Registration and Account Security

      GoingUp! users may provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

      1. You will not provide any false personal information on GoingUp!, or create an account for anyone other than yourself without permission.
      2. You will not use GoingUp! if you are under 13.
      3. You will keep your contact information accurate and up-to-date.
      4. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
      5. You will not transfer your account to anyone without first getting our written permission.

      Protecting Other People’s Rights

      We respect other people’s rights, and expect you to do the same.

      1. You will not post content or take any action on GoingUp! that infringes someone else’s rights or otherwise violates the law.
      2. We can remove your account from GoingUp! if we believe that it violates this Statement.
      3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
      4. You will not use our copyrights or trademarks (including GoingUp!, the GoingUp! and GoingUp! Logos, Web Site Design, Backgrounds Buttons) without our written permission.
      5. If you collect information from users, you will: obtain their consent, make it clear you (and not GoingUp!) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
      6. You will not post anyone’s identification documents or sensitive financial information using the GoingUp! service.

      Payments

      If you purchase or use GoingUp! Paid Services, or make direct payments, you must agree to our Payments Terms and the Cardholder Agreements.

1. Special Provisions Applicable to Installed Services, Tracking Codes, Widgets and Other GoingUp! Technologies

   If you include code provided by GoingUp! for the use of the GoingUp! service on your website or application:

   1. We give you permission to use GoingUp!’s technology to use on your site without warranty, guarantee of uptime or performance.
   2. As a user of a free version of our service(s), you agree that your use of the service may or may not be sponsored by other companies in the form of hyperlinks to those companies. You may remove any such hyperlinks by using upgrading to the paid service, or as other remedy; stop using the service completely.

   Special Provisions Applicable to Developers/Operators of Applications and Websites

   If you are a developer or operator of a Platform application or a website using Connect (“application”) or otherwise use Platform, the following additional terms apply to you:

   1. You are responsible for your application and its content and all uses you make of Platform.
   2. You will only use the data you receive for your application, and will only use it in a matter for what the service is designed.
   3. You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
   4. You will not use, display, or share data in a manner inconsistent with the site owner’s wishes.
   5. You will delete all data you received from us relating to any Website who requests to be removed from your site.
   6. You will delete all data you received from GoingUp! if we disable your application or ask you to do so.
   7. We can require you to update any data you have received from us.
   8. We can limit your access to data.
   9. You will not transfer the data you receive from us without our prior consent.
   10. You will not give us data that you independently collect from a user or a user’s content without that user’s consent.
   11. You will make it easy for users to remove or disconnect from your application.
   12. You will make it easy for users to contact you. We are not responsible for the content you make available on your website.
   13. You will provide customer support for your application.
   14. You will not change or alter any GoingUp! code without prior written approval.
   15. We give you all rights necessary to use the code, APIs (along with all content and data received), or tools we provide to you, but only in connection with your application.
   16. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
   17. You will not misrepresent your relationship with GoingUp! to others.
   18. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Platform Guidelines.
   19. We can issue a press release describing our relationship with you.
   20. You will comply with all applicable laws. In particular you will (if applicable):
       1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
       2. comply with the Video Privacy Protection Act (“VPPA”), and will obtain explicit, opt-in consent from users prior to sharing with GoingUp! user data subject to the VPPA. You acknowledge GoingUp! has no obligations under the VPPA.
   21. We do not guarantee that Platform will always be free and available.
   22. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
   23. To ensure your application is safe for users, we can audit it.
   24. We can create applications that offer similar features and services to, or otherwise compete with, your application.

   About Advertisements on GoingUp!

   Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you.

   1. We do not give your content to advertisers.
   2. You understand that we may not always identify paid services and communications as such.

   Amendments

   1. We can change this Statement so long as we provide you notice through GoingUp! website.
   2. We can make changes for legal or administrative reasons.
   3. WE TRY TO KEEP GoingUp! UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING GoingUp! “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT GoingUp! WILL BE SAFE OR SECURE. GoingUp! IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR GoingUp!, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR GoingUp! WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GOINGUP LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

   Definitions

   1. By “GoingUp!” we mean the features and services we make available, including through (a) our website at www.goingup.com and any other GoingUp! branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
   2. By “us,” “we” and “our” we mean GoingUp!, Inc. and/or its affiliates.
   3. By “Platform” we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from GoingUp! and provide data to us relating to GoingUp! users.
   4. By “content” we mean the content and information you post on GoingUp!, including information about you and the actions you take.
   5. By “post” we mean post on GoingUp! or otherwise make available to us.
   6. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

   Other

   1. This Statement makes up the entire agreement between the parties regarding GoingUp!, and supersedes any prior agreements.
   2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
   3. If we fail to enforce any of this Statement, it will not be considered a waiver.
   4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
   5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
   6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
   7. Nothing in this Agreement shall prevent us from complying with the law.
   8. This Statement does not confer any third party beneficiary rights.

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