Terms of Service

This Terms of Service (this “Agreement”) sets forth the legally binding terms between Upped Events, Inc. (“Upped Events,” “us,” or “we”) and you, as an end user of Upped Events’ mobile payment application (the “App”).

1) Acceptance of Terms

By clicking the “I AGREE” button or by installing the App, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement. You also agree to our Privacy Policy, which is incorporated by this reference, and consent to the practices concerning data collection, transmission and use set forth therein.

This Agreement may be revised at any time for any reason, and Upped Events may provide you notice of these changes by any reasonable means, including by providing notice through the App. Except to the extent that your express consent to any revised Agreement is required under data protection law, by continuing to access, browse or use of the App, you confirm your acceptance of the revised Agreement and all the terms incorporated herein by reference. We strongly recommend that you periodically visit the App to review this Agreement. If you do not agree with the revised Agreement, you may not access or use the App.

YOU ARE ONLY AUTHORIZED TO USE THE APP IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT INSTALL THE APP OR SHOULD DISCONTINUE USE IMMEDIATELY.

2) Representations about You

By entering into the Agreement, you represent and warrant to us: (a) that you are at least seventeen (17) years old; (b) that you have not previously been suspended or removed from the App; and, (c) you are eligible to register and use the App and have the right, power and ability to enter into and perform under the terms of the Agreement. If you are using the App on behalf of an entity, organization or company, you represent and warrant that you have authority to bind the organization to the Agreement and you agree to be bound by these terms on behalf of that organization.

Additionally, by accessing this App you represent and warrant that:

1. You have read and understand this Agreement;
2. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
3. You are not listed on any U.S. Government list of prohibited or restricted parties.
4. The information that you provide to us about you in connection with the App will be current, true, accurate, supportable and complete, and promise that you will update this information to keep it current.
5. You and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you.
6. You will not use the App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the App; 7. You will not restrict or inhibit any other person from using the App.
8. You will not use the App for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
9. You will not perform or attempt to perform any actions that would interfere with or disrupt the App (including accessing the App through any automated means, like scripts or web crawlers), or any servers or networks connected to the App, or any policies, requirements or regulations of networks connected to the App (including any unauthorized access to, use or monitoring of data or traffic thereon).
10. You will not gather and store personal information on any other users of the App to be used in connection with any of the foregoing prohibited activities.
11. Your use of the App will be in compliance with these Terms.

We cannot and do not assure that other users are or will be complying with the foregoing limitations on use and rules of conduct or any other provisions of this Agreement, and, as between you and Upped Events, you assume all risk of harm or injury resulting from any such lack of compliance. Violations of any of the provisions in the Agreement may result in termination of your account. We reserve the right to modify these terms of use and rules of conduct in accordance with Section 1 “Acceptance of Terms.

2.1) Transactions Involving Alcoholic Beverages

Upped Events does not sell alcohol beverages. The App provides services to restaurants, bars, or other establishments that may hold alcohol beverage licenses (hereinafter, “Alcoholic Beverage Suppliers”). Upped Events acts as a third party provider and has no responsibility or liability to you for any alcoholic beverage products you purchase from Alcoholic Beverage Suppliers. Any claims or disputes you have regarding Alcoholic Beverage Supplier products will be the responsibility of the Alcoholic Beverage Supplier and must be brought by you directly to the Alcoholic Beverage Supplier.

If you wish to purchase alcoholic beverages from Alcoholic Beverage Suppliers, you must be at least twenty-one (21) years old (“Legal Age”), provide age verification, and consent to having such verification shared with the Alcoholic Beverage Suppliers.

By placing an order for alcoholic beverages, you expressly represent and warrant that:
  • You are of Legal Age;
  •  
  • You will provide bona fide government-issued photo identification showing your Legal Age upon delivery or pickup;
  •  
  • You are purchasing alcoholic beverages for personal consumption and not for resale or any other commercial purpose; and
  •  
  • You are not procuring alcohol from Alcoholic Beverage Suppliers for person(s) under the Legal Age.
  •  
Upped Event reserves the right to report any actions by you that would violate alcohol beverage laws, including but not limited to misrepresentation of age and procuring alcoholic beverages for person(s) under age 21, to law enforcement authorities.

When you place an order for alcoholic beverages using the App (“Alcoholic Beverage Order”), such Alcoholic Beverage Order will be either accepted or rejected by the Alcoholic Beverage Supplier to whom the Alcoholic Beverage Order was placed. Upped Event has no authority to accept your Alcoholic Beverage Order, and no sale pursuant to your Alcoholic Beverage Order will become final unless and until Alcoholic Beverage Supplier accepts your Alcoholic Beverage Order.   For any Alcoholic Beverage Order accepted by an Alcoholic Beverage Supplier (such accepted sale an “Alcoholic Beverage Purchase”), your credit card will be charged, and that portion of the funds from your credit card payment that relates to the Alcoholic Beverage Purchase will be deposited into an account for the benefit of Alcoholic Beverage Supplier in compliance with applicable alcoholic beverage laws.

3) License Grant

Subject to the terms of this Agreement, Upped Events hereby grants you a limited, non-exclusive and non-transferable license to download, install, display, perform, access and use the App on a single smart phone, tablet or other mobile device that you own or control for your personal, non-commercial use solely within the United States. We do not grant you any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the App. We will not provide you with any device, internet access, or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).

4) License Restrictions

This license is expressly conditioned on your actual compliance with this Agreement. The license exists only so long as you strictly comply with each of the provisions described in this section.

You shall not: (i) copy the App or any element thereof, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the App or any element thereof; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any element thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the App; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including making the App available on a network where it is capable of being accessed by more than one device at any time; or (vi) use the App to violate any applicable law, including without limitation any law regarding the purchase or sale of alcoholic beverages. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).

5) Reservation of Rights

You acknowledge that the App is licensed, not sold, to you. Upped Events reserves all rights in and to the App not expressly granted to you under this Agreement. You do not acquire any ownership interest in the App under this Agreement. Upped Events and its licensors and service providers reserve and retain the entire right, title and interest in and to the App and all subsequent copies or versions thereof, regardless of the form or media, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. Any use of the App by you or anyone acting on your behalf that does not strictly comply with each and every provision in this Agreement exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the App, and infringes our copyrights, trademarks, patents, and other rights in the App. You will not acquire any ownership rights by using the App.

5.1) Copyright/Trademark Infringement

The registered and unregistered trademarks, logos, and service marks displayed on the App, including but not limited to the word marks “UPPED EVENTS” and the “Upped Events” logo, are owned by Upped Events (unless otherwise noted). You may not use Upped Events’ trademarks, logos, and service marks in anyway without Upped Events’ prior written permission. We respond to all valid notices of such infringement, and Upped Events’ policy is to suspend or terminate the accounts of any infringers.

5.2) Feedback

If you submit comments, suggestions, recommendations, questions, ideas, original or creative materials or other information regarding the App (“Feedback”), Upped Events will be free to use such Feedback for any purpose. Feedback is non-confidential and shall become the sole property of Upped Events. Upped Events shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You will not upload or provide Feedback or otherwise post, transmit, distribute, or disseminate through the App any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Upped Events or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the App, or which may expose Upped Events, its affiliates or its customers or other persons to harm or liability of any nature.

Although we have no obligation to monitor any Feedback, we have absolute discretion to remove Feedback at any time and for any reason without notice. Upped Events may also monitor such Feedback to detect and prevent fraudulent activity or violations of Upped Events’ Terms. You understand that by using the App, you may be exposed to Feedback that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Feedback, including any loss or damage to any of your Feedback.

6) Third Party Establishments

You acknowledge and agree that the App is a tool that enables you to place an order and pay for the items purchased (each order, and payment, therefore, constitutes and shall be referred to herein as a “Transaction”) with third-party establishments, including but not limited to all third party venues, properties, restaurants, and/or bars (each, an “Establishment”). Upped Events is not responsible for examining or evaluating the quality, or any other aspect of such products or services of any establishment and Upped Events will not have any liability or responsibility to you or any other person therefor. Any Establishment that allows you to use the App to process a Transaction retains the right to settle your payment should you fail to execute the Transaction. You acknowledge that, should you dispute any charge that appears on your credit or debit card statement related to your use of the App to pay for a Transaction in an Establishment, any chargeback for such charge shall apply to such Establishment and that we will not have any liability to you.

6.1) Third Party Offerings

To enjoy certain third party offerings made available in the App, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the App, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third party offerings. Further, the App may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. By using the App, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or websites. Upped Events does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third-Party Materials or websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

7) Compatibility- Mobile Devices and Third Party Carriers

We do not warrant that the App will be compatible with your mobile device or carrier. Your use of the App may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the App if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

8) Using the Service

  • Payment Vendors: Upped Events is a technology provider. It is not a bank, credit union, payment processor or other financial institution. Transactions are processed via a payment processor and an authorized point of sale (“POS”) system vendor (each a “Payment Vendor”). By utilizing the App to process a Transaction you authorize a Payment Vendor to charge your credit card or other payment method. Transactions processed via the App may also be subject to the terms and conditions of the applicable Payment Vendor.
  •  
  • Minimum Gratuity: When you use the App to process a Transaction, if there is any preset gratuity included in the transaction cost, you hereby agree to pay that gratuity as a condition to processing the Transaction via the App.
  •  
  • Refunds: You acknowledge and agree that Upped Events does not provide refunds via the App. You hereby agree to seek any refunds of Transactions directly from the Event Organizer or the Establishment, if applicable.
  •  
  • Paying For Drinks: The Service includes a platform that lets users pay for drinks and services at participating Establishments using the valid, current payment card linked to the Service.
  •  
  • Costs: The price of any services or products you purchase from the Establishment using the Service will be determined by the Establishment. In addition, Upped Events will assess a fee for each transaction you complete using the Service. This fee will vary based on the amount and type of the transaction. You are fully responsible for all taxes and similar fees associated with any purchases you make using the Service.
  •  
  • Payments: You are fully responsible for all products and services you purchase through the Service, including taxes or fees. When you order a ticket, product, or service, you are charged after each order is processed. When you complete your purchase through the Service, your payment account will be charged for the full amount.
  •  
  • Payment Processor: Payments through the Service are processed by a third-party payment processor and may be subject to additional terms, conditions, and privacy policies of the payment processor. Upped Events is not responsible for any errors by the payment processor
  •  

9) Acknowledgements Regarding Apple, Inc. and other App Store Providers

You acknowledge that this Agreement is between you and Upped Events and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “App Store Provider”) and that Upped Events (not the applicable App Store Provider) is responsible for the App. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You acknowledge that App Store Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You further acknowledge that App Store Providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or your use thereof infringes intellectual property rights.

If you are using the App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries are third party beneficiaries. Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. If you are using the App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google

10) Maintenance

Scheduled system maintenance shall take place from time to time, and during such time, updates to the App or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur. If the App is down when you attempt to complete a Transaction, you must make alternative arrangements to pay the applicable Establishment.

11) Updates

Upped Events may, but is not required to, develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that Upped Events has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet, the App may automatically download and install available Updates, or you will be prompted to download and install available Updates. You acknowledge that the App or any of its features may not operate properly if you fail to install Updates and Upped Events may, in its sole discretion, cease supporting prior versions of the App after an Update is made available. You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.

12) Communications

You consent to receive communications, including commercial communications (whether by phone, email or text) from Upped Events and our third party partners, which may include Establishments and other third parties, including without limitation, other brands. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.

Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must contact Us. You may opt out of receiving messages that are primarily commercial in nature, but in order to stop receiving all messages from Upped Events (including messages related to Transactions and your account), you will need to terminate your account. If the App enables you to send or receive SMS messages, standard text messaging rates or other carrier charges may apply to such use.

13) Push Notifications

Upped Events may send you “push notifications” if your device supports such communications. By downloading the App and clicking to allow push notifications, you “opt-in” to receive these push notifications via the App, including notifications that contain commercial messages from Upped Events and our third party partners. Should you wish to stop receiving push notifications via the App, you may turn off these notifications through the applicable settings on your device. You acknowledge that opting out of receiving communications may impact your use of the App.

14) Limitations on Availability

The App is based in the United States and is provided for access and use by persons in the United States. We make no representation that the App is available or permitted in any particular location. Use of the App is void where prohibited. You use the App at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the App as required by law.

15) Term and Termination

If we determine that you have violated the terms of this Agreement, or the law, or for any other reason or no reason, we may cancel your App account and prevent you from using the App at any time without notice to you. If that happens, you may no longer use the App. You will still be bound by your obligations under the Agreement. You agree that we will not be liable to you or any third party for termination of your access to the App, and we will not be required to make the App available to you.

15.1) Violation of Terms

The term of this Agreement and the license and other rights granted herein commence on the Effective Date and continue until terminated by Upped Events or you. You may terminate this Agreement by deleting the App and all copies of it from your mobile device. Upped Events may terminate this Agreement at any time, for any reason, without notice, in its sole discretion, including if it ceases to support the App, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all licenses and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the App and destroy all copies, full or partial, of the App. You acknowledge that Upped Events may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation

16) Disclaimers and Limitations of Liability

  1. Disclaimer of Warranties: EXCEPT AS EXPRESSLY STATED ABOVE, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, THE APP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

    UPPED EVENTS DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE APP IS ACCURATE, RELIABLE, OR CORRECT; THAT THE APP WILL MEET YOUR REQUIREMENTS; THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE APP WILL BE CORRECTED; OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE. Upped Events does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. Upped Events does not have control of, or liability for, goods or services that are paid for using the App. All third-party products included or sold with the App are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. UPPED EVENTS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
  2.  
  3. Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL WE,OR OUR SUPPLIERS OR RESELLERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE APP (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, EVEN IF DAMAGES WERE REASONABLY FORSEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM UPPED EVENTS’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. IN NO EVENT SHALL UPPED EVENTS’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE APP. UNDER NO CIRCUMSTANCES WILL UPPED EVENTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP, OR THE INFORMATION CONTAINED THEREIN.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UPPED EVENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  4.  
  5. Refunds: You acknowledge and agree that Upped Events does not provide refunds via the App. You hereby agree to seek any refunds of Transactions directly from your credit card company or the Establishment involved.
  6.    

17) Indemnification

You shall indemnify, hold harmless, and, at Upped Events’ option, defend Upped Events’ from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) incurred by Upped Events resulting from any third party claim, suit, action or proceeding relating to or arising through your use of the App, any Feedback you provide, any violation of this Agreement by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the App or any of its features. You further agree that Upped Events shall have control of the defense or settlement of any third party claims, unless Upped Events exercises its option to require you to defend Upped Events.

In processing any alcoholic beverage order(s), neither Upped Events, Inc. nor any officer, director, employee, shareholder or agent of Upped Events shall be liable to you or any third-party relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which flow therefrom.

You shall indemnify, hold harmless, and at Upped Event’s option, defend Upped Events and its officers, directors, employees, shareholders or agents (“Indemnified Parties”), from and against, for and in respect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorney’s fees), damages, obligations, deficiencies, and liabilities, which arise or result from or are related to (a) the processing of the alcoholic beverage order; (b) the purchase of the alcoholic beverage(s); (c) the delivery of the alcoholic beverage(s); and, (d) consumption of the alcoholic beverage(s), and/or any consequences which flow therefrom.

18) Liability Waiver

In consideration for your being given access to the App, you hereby release, waive, discharge and covenant not to sue Upped Events, its subsidiaries, DBAs, affiliates, successors, contractors, agents, representatives, officers, directors and/or employees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any damage to your property or loss, damage or injury that you personally sustain, including death, whether caused by the negligence of Upped Events or its representatives or not while using App content. You hereby knowingly and voluntarily assume all risks to your property and your person and in no way will the Company be liable to you for damages or injuries you sustain.

19) Disputes between you an Establishment or other User

You are solely responsible for your interactions and Transactions with Establishments or other users of the App. You hereby agree to look solely to such Establishments and other users for any claim, damage or liability associated with any Transaction commissioned via the App and expressly waive and release Upped Events from any and all claims, damages and liabilities arising out of any act or omission of any Establishment, other user or third party.

20) Export and other Restrictions

You may not use or otherwise export or re-export the App or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the App was accessed or obtained. The App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

21) Amendments

This Agreement will not be changed, modified, or amended except by a writing executed by both parties or if you electronically accept a subsequent agreement or amendment delivered by Upped Events via a click-to accept mechanism

22) Miscellaneous

The laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules, govern this this license and your use of the App. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Philadelphia County, Pennsylvania, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the App may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding the App. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void.

 

23) Severability

It is our belief that the terms of this Agreement do not contain any provision contrary to law. However, if any provision of this Agreement is unlawful, void or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of the agreement, and (b) the remaining parts of the Agreement shall be deemed valid and enforceable

24) Government warning concern health consequences of Consuming Alcohol

By accessing this App, you acknowledge that there is a government warning concerning the health effects of consuming alcoholic beverages:

  • Government warning: (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Drink responsibly.
  •  

25) COVID 19 Warning

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death.

You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Upped Events.

26) Contact Us

Please contact us at support@uppedevents.com if you have any questions regarding this Agreement.
Scroll To Top