BY USING ANY UPSIDETOKEN SERVICE YOU EXPLICITLY ACCEPT THESE TERMS OF SERVICE (THE “AGREEMENT“) “YOU” “YOUR” OR “USER” AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU REPRESENT THAT YOU ARE 18-YEARS OLD OR OLDER. IF YOU ARE NOT 18-YEARS OLD OR OLDER, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
UpsideToken Ltd. (“Company”) owns and provides a cryptocurrency called UpsideToken, or UPSIDE, and provides a webservice and application that provides various features including referral tracking, social content sharing, trading on various exchanges, and a digital wallet (the “Service“). During the Term, Company may provide User with access to the Service. User understands and agrees that the Service is licensed, not sold. Company retains all right, title and interest in and to the Service and in all intellectual property rights therein. No license or other rights of any kind, including implied licenses, to the Service are granted or conveyed to User. User’s access to the Service may be terminated, and any free tokens provided to User by Company revoked, if User, through any means controls more than one account with Company through the application.
As part of Your use of the Service, User may provide certain information through the Service such as an email addresses for the purposes of login and/or identity verification or other purposes, and any memes, TikToks, and tweets submitted for the competition; all such data will be “User Data.” User hereby grants Company a non-exclusive, worldwide, perpetual, royalty-free, fully paid-up right and license to use, reproduce, create derivative works of, share, and display the User Data solely for the purpose of providing the Service. Except as provided for herein, User retains all right, title, and interest in and to the User Data.
User agrees to pay all fees, taxes, levies, duties and other fees due to the applicable authorities with jurisdiction over You for sweepstakes winnings, competition winnings, transactions, appreciation and earnings deriving from Company and agrees to hold Company harmless for any such payments on User’s behalf.
The term of this Agreement will commence on the date you click to accept it and shall continue until terminated in accordance with this Agreement (the “Agreement Term”). Company may terminate this Agreement, terminate service to User, and revoke any tokens provided at no charge to User by Company, if User is found in breach of this Agreement, at the sole determination of Company.
THE SERVICE IS DESIGNED AND BUILT TO CREATE AN ECOSYSTEM OF USERS, DEVELOPERS, AND APPLICATIONS AROUND THE UPSIDETOKEN. COMPANY MAKES NO WARRANTY THAT THE SERVICE IS SAFE FOR USE OR THAT THE UNDERLYING CLOUD INFRASTRUCTURE WHERE THE SERVICE IS HOSTED WILL BE AVAILABLE AT ALL TIMES. COMPANY RELIES ON CURRENTLY AVAILABLE POLYGON CRYPTOCURRENCY AS WELL AS ETHEREUM DESIGN, TOOLS, TRANSACTIONS, BLOCKCHAIN AND SECURITY. CRYPOCURRECIES AND BLOCKCHAIN ARE RELATIVELY NEW AND RAPIDLY EVOLVING TECHNOLOGIES, WHICH CAN SUBJECT COMPANY TO VARIOUS THREATS AND RISKS DESPITE OUR EFFORTS TO SECURE THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE) REGARDING THE SERVICE AND THEIR PERFORMANCE OR SUITABILITY FOR USER’S INTENDED USE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FOR THE AVOIDANCE OF DOUBT, COMPANY MAKES NO WARRANTY, GUARANTY, COMMITMENT, OR OTHER OBLIGATION RELATED TO THE SERVICE AND USER IS SOLELY RESPONSIBLE FOR ITS USE AND RELIANCE ON ANY SUCH RESULTS.
You will hold harmless Company and its employees, contractors, advisors, consultants and affiliates from any liability associated with losses and tax liabilities arising from holding, trading, exchanging, selling, or buying any UPSIDE cryptocurrency. You hereby acknowledge the risks involved with a volatile asset like cryptocurrencies and assume full responsibility for your actions.
Company has established and implemented reasonable information security practices regarding the protection of User Data, including administrative, technical, and physical security processes. Notwithstanding the foregoing, User is responsible for maintaining appropriate security, protection and backup of its devices, access credentials and cryptographic keys. Company is not responsible for any unauthorized access to, alteration of, or the deletion, destruction, or loss of, or damage to, or failure to store or encrypt, any hardware, software, systems, information, cryptocurrencies, or User Data.
User may from time to time provide suggestions, comments, or other feedback with respect to the Service (“Feedback“). For the avoidance of doubt, Feedback will only be suggestions, comments, or other feedback provided to Company that regards the Service and will not include User Data. Company may want to incorporate Feedback into its Service and this clause provides Company with the necessary license to do so. User hereby grants Company and its assigns a royalty-free, worldwide, perpetual, irrevocable, fully transferable and sublicensable right and license to use, disclose, reproduce, modify, create derivative works from, distribute, display and otherwise distribute and exploit any Feedback as Company sees fit, entirely without obligation or restriction of any kind, except that Company will not identify User as the provider of such Feedback.
Company may collect aggregated and/or anonymized data related to and/or as a result of User’s use of the Service (“Aggregated Data“). Company will never disclose personal, identifying information of the User or its users as part of its use of the Aggregated Data. Notwithstanding anything else to the contrary, Company will retain all right, title and interest in and to the Aggregated Data.
