Introduction

By using or accessing upmygame.com you are agreeing to the upmygame.com terms of use. We may change or amend the upmygame terms of use at anytime without notice and your continued use of upmygame.com signifies your acceptance of these changes or amendments. If you do not agree to these terms of use or any changes or amendments, you are not permitted to use or access upmygame.com.


Information About You

You acknowledge that you are 18 years of age or older or otherwise have parental permission to use or access upmygame.com. You also acknowledge that you are providing accurate, current and complete information. You agree that you will only register an account on behalf of yourself and not on behalf of another – and that you will not impersonate someone else or misrepresent yourself in any way. You agree not to upload, post or transmit any personal information about any other person. You are fully and solely responsible for all use of your account.


Our Intellectual Property Rights

Information on this site (the “Site Information”), including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, is protected under the copyright laws of Canada and other countries and unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any such information. All Site Information is proprietary to us, and are protected by intellectual property laws. You agree not to sell, distribute or commercially exploit the Site Information.

By uploading, posting or otherwise transmitting content to upmygame.com you grant an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute any such content for any purpose.


Infringing Intellectual Property Rights

You are prohibited from uploading, positing or otherwise transmitting copyright materials or other materials that infringe the intellectual property rights of others or may contain libelous, defamatory or otherwise unlawful material. We will remove or disable access to any such materials upon notification. We may terminate your account without notice if we have concerns about uploading, posting or otherwise transmitting of such materials. If you believe you have copyright, other intellectual property rights or any other rights that have been infringed, please e-mail us the full details at administrator@upmygame.com.


Uploading, Posting and Transmitting Content

You are solely responsible for all content you post to upmygame.com and you are not permitted to upload, post or otherwise transmit any information that you do not have permission to do so. You understand and agree that upmygame.com may remove any content it chooses to in its sole discretion. You agree not to collect e-mail and other contact information from upmygame.com for the purpose of sending unsolicited e-mails, unauthorized advertising or marketing, “junk mail”, etc.. You agree not to upload, post, or otherwise transmit any content that may be deemed unlawful or violate any law, fraudulent, harmful, threatening, inflammatory, racist, hateful, misogynist, racially, religiously or ethnically offensive or that is otherwise inappropriate or may cause harm or liability of any type to anyone or may violate the rights of anyone. You agree not to upload, post or otherwise transmit any computer viruses or other code, files or programs that may harm or disrupt upmygame.com or any computer software or hardware.


Payment Processing

Payment processing services for account holders or trainers on upmygame are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an account holder or trainer on upmygame, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of upmygame enabling payment processing services through Stripe, you agree to provide upmygame accurate and complete information about you and your business, and you authorize upmygame to share it and transaction information related to your use of the payment processing services provided by Stripe.


No Representations and Warranties

We disclaim any representations, warranties and conditions (including any oral, implied or statutory warranties and conditions) regarding the nature, quality or character of upmygame.com or the Site Information. We are not responsible in anyway and make no representations or warranties with respect to any links to third party websites, software or content accessed through upmygame.com; you use them at your own risk. There is no warranty or condition of any kind (implied, express, or statutory) with respect to the Site Information. We do not represent, warrant or guarantee that any individual or entity using upmygame.com is the individual or entity they claim to be or that their information is correct or accurate and we do not pre-screen or approve such individuals or entities. We do not take any responsibility and we are not liable for any interaction or transactions you may have with such individuals or entities or how they may collect, use or disclosure your personal information. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by upmygame.com or the Site Information. The Site Information on an "as is, where is" basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to upmygame.com or the Site Information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currentness, reliability and fitness for a particular purpose. Further, we do not represent or warrant that upmygame.com or the Site Information will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer software or hardware. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.


No Liabilities

You understand and agree that we will be liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from the performance by us of our obligations under the upmygame.com terms of use and we will not be liable to you for any other direct losses, damages, liabilities or expenses of any kind. We will not be liable to you for any other losses, damages, liabilities or expenses of any kind, including indirect, incidental, special, punitive or consequential losses or damages, loss of profits, damages for inconvenience, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of the upmygame.com terms of use or the services provided to you by us, even if we were advised of the possibility of damages or were negligent. Any unprotected use of upmygame.com and any unprotected e-mail is not confidential, subject to possible interception or loss, and is also subject to possible alteration and we are not responsible for and will not be liable to you or any one else for any losses, damages, liabilities or expenses of any kind in connection therewith. These limitations apply to any act or omission of us or our officers, directors, affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law. We have no liability for any errors or omissions in the Site Information. We will not be liable for any damages, losses or expenses (including direct, indirect, special, incidental, consequential or punitive damages) arising from the use or inability to use upmygame.com or the Site Information, or an error, omission, interruption, defect, delay, computer virus, system failure, loss of data or otherwise.


Termination

We may terminate your use or access to upmygame.com at any time without notice in our sole discretion. We will not be liable for any losses or inconvenience that results from our withdrawal of your access.


Contact Us

If you have any questions or concerns or if you would like to contact us regarding the terms of use, please e-mail us at administrator@upmygame.com.