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