Terms and Conditions
ACCEPTANCE OF TERMS AND CONDITIONS ANY PERSON OR COMPANY WHO USES THIS WEB PAGE SIGNIFIES BY ANY SUCH USE HIS, HER, OR ITS AGREEMENT TO THESE TERMS AND CONDITIONS AND TO BEING LEGALLY BOUND TO THOSE TERMS AND CONDITIONS. IF ANY SUCH USER OF THIS MOBILE APPLICATION DOES NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THAT USER SHOULD IMMEDIATELY CEASE ANY USE OF THIS MOBILE APPLICATION, AND ANY SUCH CONTINUING OR FUTURE USE OF THIS MOBILE APPLICATION BY SUCH USER WILL BE WITHOUT THE PERMISSION OF AND A VIOLATION OF THE RIGHTS OF THE MOBILE APPLICATION’S OWNER, KREATIVLABS, LLC, WHICH RESERVES THE RIGHT TO PURSUE ANY AND ALL AVAILABLE LEGAL AND EQUITABLE REMEDIES AGAINST SUCH USER. Although we may attempt to notify users of this Mobile Application when major changes are made to the terms and conditions, users of the Mobile Application should periodically review the most up-to-date version. KREATIVLABS, LLC may, in its sole discretion, modify or revise these terms and conditions at any time, and the users of this Mobile Application agree to be bound by such modifications or revisions by continuing their use of the Mobile Application. The information provided on this Mobile Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access this Mobile Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Mobile Application is intended for users who are at least 12 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use this Mobile Application. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using this Mobile Application. INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, this Mobile Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on this Mobile Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on this Mobile Application “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use this Mobile Application, you are granted a limited license to access and use this Mobile Application and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Mobile Application, Content, and the Marks. ACCOUNTS You will have to create an account according to instructions on the Mobile Application. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify KREATIVLABS immediately of any breach of security or unauthorized use of Your account. Although KREATIVLABS will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of KREATIVLABS or others due to such unauthorized use. You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination. We reserve the right to terminate Your account without notice for any violation of this Agreement by You. If you wish to terminate your account, you may simply discontinue using the Mobile Application. REFERRAL PROGRAM Refer up to two friends through a custom link in order to both receive $5 in your OneUp balance. To avoid spamming and fraudulent activity: - Referred and referring users must have verified emails in order to send and receive referrals. - OneUp has the right to void referrals that are suspected to be spam. - Emails must be verified through Google or Apple. KREATIVLABS reserves the right to decline and suspend accounts based on violation of the above terms of the referral program. RESTRICTIONS You may not access or use the Mobile Application for any purpose other than that for which we make the Mobile Application available. The Mobile Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Mobile Application, you agree not to: Systematically retrieve data or other content from the Mobile Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Make any unauthorized use of the Mobile Application, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use the Mobile Application to advertise or offer to sell goods and services. Circumvent, disable, or otherwise interfere with security-related features of the Mobile Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Mobile Application and/or the Content contained therein. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Attempt to impersonate another user or person or use the username of another user. Use any information obtained from the Mobile Application in order to harass, abuse, or harm another person. Use the Mobile Application as part of any effort to compete with us or otherwise use the Mobile Application and/or the Content for any revenue-generating endeavor or commercial enterprise. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Mobile Application. Attempt to bypass any measures of the Mobile Application designed to prevent or restrict access to the Mobile Application, or any portion of the Mobile Application. Copy or adapt the Application’s code, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Mobile Application. Use the Mobile Application in a manner inconsistent with any applicable laws or regulations. YOUR CONTENT AND OTHER CONTRIBUTIONS If you upload Content using the Mobile Application, you must not submit any content that does not comply with this Agreement or applicable laws. The Mobile Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, upload, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Mobile Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Mobile Application and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Mobile Application, and other users of the Mobile Application to use your Contributions in any manner contemplated by the Mobile Application and these Terms of Use. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Mobile Application and these Terms of Use. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. Your Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not violate the privacy or publicity rights of any third party. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. Any use of the Mobile Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Mobile Application. By posting your Contributions to any part of the Mobile Application, or making Contributions accessible to the Mobile Application by linking your account from the Mobile Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Mobile Application. You are solely responsible for your Contributions to the Mobile Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Mobile Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. USE LICENSE We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile Application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY Materials may be made available via this Mobile Application by third parties that are not within the KREATIVLABS’s control. The Vendor is under no obligation to, and does not, scan content used in connection with its website for the inclusion of illegal or impermissible content. However, KREATIVLABS respects the copyright interests of others. It is KREATIVLABS’s policy not to permit materials known by KREATIVLABS to infringe another party's copyright to remain accessible by the Mobile Application. If you believe any materials made available through the Mobile Application infringe a copyright, you should provide KREATIVLABS, LLC with written notice that at a minimum contains: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KREATIVLABS to locate the material; Information reasonably sufficient to permit the KREATIVLABS to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to KREATIVLABS’s designated agent as follows: Mr. Mithat Cakmak POPDEGA, LLC doing business as KREATIVLABS 4241 Columbia Pike Arlington, VA 22204 It is KREATIVLABS’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others. TERMINATION This Agreement is effective until terminated. This Agreement will terminate immediately without notice from KREATIVLABS, at KREATIVLABS’s sole option, if You fail to comply with any provision of this Agreement. Upon termination, You must permanently erase any of the Content and Software, related documentation, and all copies thereof on Your computer or that are in Your possession, custody, or control. DISCLAIMER OF WARRANTY You expressly acknowledge and agree that use of the Mobile Application and Content is at Your sole risk. The Mobile Application and Content and related documentation are provided “AS IS” and without warranty of any kind and KREATIVLABS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KREATIVLABS DOES NOT WARRANT THAT THE MOBILE APPLICATION OR THE CONTENT AND SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE MOBILE APPLICATION OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE APPLICATION OR CONTENT WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE MOBILE APPLICATION AND CONTENT IS ASSUMED BY YOU. FURTHERMORE, KREATIVLABS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MOBILE APPLICATION OR CONTENT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KREATIVLABS OR KREATIVLABS 'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE MOBILE APPLICATION OR CONTENT PROVE DEFECTIVE, YOU (AND NOT KREATIVLABS OR KREATIVLABS 'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KREATIVLABS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE MOBILE APPLICATION OR CONTENT OR RELATED DOCUMENTATION, EVEN IF VENDOR OR VENDOR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall VENDOR's total liability to You for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by You for use of the Mobile Application and the Content. GOVERNING LAW These Terms of Use and your use of the Mobile Application are governed by and construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements made and to be entirely performed within the Commonwealth of Virginia, without regard to its conflict of law principles. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. COMPLETE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to Your use of the Mobile Application and use of the Content and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this Agreement will be binding unless executed by a duly authorized representative of the KREATIVLABS. CONTACT US Please contact us if you have any questions. To be compliant with The General Data Protection Regulation (GDPR) requirements, we provide a data deletion request callback. mithatcak@gmail.com
