In these Terms, we call this web site, any successor web sites (together, the “Website” or “Application”). We refer to the services provided by or through the Application as the “Services”.
Please read these Terms carefully before using the Services. By accessing or using the Services you acknowledge that you have read and understood these Terms and agree to be legally bound by these Terms and all policies and guidelines incorporated by reference in these Terms. If you do not agree to be bound by these Terms in their entirety, you may not use the Services.
Things Up reserves the right, in its sole discretion, to change, modify or otherwise alter these Terms, or any policy or guideline applicable to the Services, at any time. If we do so, we will make reasonable efforts to communicate these changes to you via email at the email address you provide in your registration information, if any, or we will post a notice in the Application.
Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revised Terms on this Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.
If you do not agree to the modified Terms, you must stop using the Services. You can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account (if your billing period is monthly, we will prorate your account to the nearest month-end after cancellation). If you have any questions about the Terms, please email us at [email protected]thingsup.com.
In these Terms, our customers and the persons to whom they give “staff” or “agency” access to their Things Up account are called “Accounts”.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Website.
Sign Up Data and Security
If you register for an account on the Services, you agree to (a) provide true, accurate, current and complete information as may be prompted by any registration forms on the Services (“Sign Up Data”); and (b) promptly update the Sign Up Data and any other information you provide to Things Up, to ensure it remains true, accurate and complete.
You agree to keep your access credentials (such as passwords or other information required to access the Service) secure and confidential. You must immediately notify Things Up of any unauthorized use (or suspected unauthorized use) of your access credentials. You are responsible for all activity on your Things Up account. The access credentials are the property of Things Up and may be revoked if you share them with any third party (other than as allowed in the Terms), if they are compromised, if you violate these Terms.
Further, as a condition of using the Services, you must:
- not attempt to undermine the security or integrity of Things Up’ computing systems or networks or, where the Application or Services are hosted by a third party, that third party’s computing systems and networks;
- not use, or misuse, the Application or Services in any way which may impair the functionality of the Application, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Application;
- not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Application or Services are hosted;
- not use the Services or Applications to transmit any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services except as is strictly necessary to use either of them for normal operation.
Subscription fees and any other charges for the use of the Website are described on the Website. They may change from time to time. If subscription fees change, we will give you at least 30 days’ notice. If they do change, your continued use of the Application after the change indicates your agreement with the new fees and charges after the effective date of the change.
Although great care is taken in the production of the Website and description of the Services, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. All prices are quoted and are payable in United States’ Dollars and, unless otherwise stated. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
Ownership, Copyright and Trademarks
In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users, whether they are Accounts, Customers or other Users, is called “User Content” User Content is that User’s property and Things Up only has limited rights to this content. Other than the User Content, the Services, all Content and all software available on or in respect of the Services or used to create and operate the Services (including, without limitation, the Website and Application) is the property of or its licensors, and is protected by US Trademark laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Things Up.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the sole discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason.
You acknowledge that Things Up makes no representations or warranties regarding the products and services provided. You waive any claims regarding any warranties, representations, or guarantees. Further, you, for yourself and your successors and assigns, hereby agree to indemnify, defend and hold harmless Things Up’s officers, directors, members, shareholders, employees, successors and assigns from and against all losses, liabilities, claims, demands, causes of action, damages, costs, including reasonable attorneys’ fees, and expenses of every kind and nature, whether or not covered by insurance, arising out of, resulting from or caused by, in whole or in part, any product and services made by Things Up, whether in the past, present or future. This shall include, but not be limited to all losses, liabilities, claims, demands, causes of action, damages, costs and expenses of any kind. This obligation to indemnify, defend and hold harmless Things Up shall survive termination of any Agreement, Order, or Contract.
You further agree that any claim shall be brought in Northampton County, Pennsylvania and that you waive any right to a jury trial.
Third-Party Services Responsibility
As a service to our users, the Website may contain links to third-party Web sites or third-party content and may provide third-party services, including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third Party Materials”) or Third-Party Services at your own risk.
Things Up makes no claim or representation regarding Third-Party Materials and Third-Party Services. Inclusion in the Services of Third-Party Materials does not imply Things Up’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. Things Up accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services.
The provider of Third-Party Materials and Third-Party Services is solely responsible for such Third-Party Materials and Third-Party Services, the content therein, any warranties to the extent that such warranties have not been disclaimed.
Termination and Inactive Accounts
If your account is inactive for at least 4 months (as determined by Things Up), we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account.
You and Things Up may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your use of the Services you must pay the fees applicable for the balance of the then current billing period. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If you have questions regarding any of the above Terms or your use of the Services, please contact us at the following address: . 1275 Glenlivet Drive Suite 100 Allentown, PA [email protected]