Terms & Conditions
Welcome to upandunder.co, the website and online service of Up&Under (Thailand) Co., Ltd (“Up&Under,” “we,” or “us”). This page explains the terms by which you may use our online services and website (collectively the “Service”). By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Use (the “Agreement”), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time by notifying you as provided in the “Notifications” section of this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
USE OF OUR SERVICE
ELIGIBILITY
You may use the Service only if you can form a binding contract with Up&Under, and only in compliance with this Agreement and all applicable Thailand laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at contact@upandunder.co. The Service is not available to any Users previously removed from the Service by Up&Under. Up&Under reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Up&Under ACCOUNTS
You must create an account at Up&Under in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Up&Under immediately of any breach of security or unauthorized use of your account. Up&Under will not be liable for any losses caused by any unauthorized use of your account.
The Service is available through Facebook’s “Facebook Connect” service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, Up&Under may require that your Up&Under user ID be the same as your user name for Facebook. If you sign into Up&Under through Facebook Connect, you will provide your Facebook account credentials to Up&Under, and you are consenting to have the information in that account transmitted into your Up&Under account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
By providing Up&Under your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by clicking “unsubscribe link” in newsletter. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notification that this Agreement has changed, those legal notices will still govern your use of the Service. We will post legal notices to the Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.
SERVICE RULES
You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) using the Service for any commercial purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Service; (x) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein,
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Up&Under Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Up&Under, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other Up&Under Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Up&Under shall have no liability for your interactions with other Users, or for any User’s action or inaction.
USER CONTENT
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications.
Up&Under takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Up&Under shall not be liable for any damages you incur or allege to incur as a result of User Content.
END USER LICENSE GRANT
Up&Under Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use, as permitted by the features of the Service. Up&Under reserves all rights not expressly granted herein in the Service and the Up&Under Content. Up&Under may terminate this license at any time for any reason or no reason.
OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the ” Up&Under Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Up&Under and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Up&Under Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
PRIVACY
We care about the privacy of our Users. Click here to view our Privacy Policy, which is incorporated herein by this reference. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in accordance with our then-current Privacy Policy.
SECURITY
Up&Under cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
THIRD PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Up&Under. Up&Under does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, such as through Facebook Connect, you do so at your own risk, and you understand that this Agreement and Up&Under ‘s Privacy Policy do not apply to your use of such sites. You expressly relieve Up&Under from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Up&Under shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
INDEMNITY
You agree to defend, indemnify and hold harmless Up&Under and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable Thailand law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your username, password or other appropriate security code.
CONTACT US
If you have any questions regarding this Agreement, you can contact us at contact@upandunder.co