Terms of Service

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Effective date: October 14th, 2017

Welcome to Upvote Coin (“Upvote Coin”) website located at upvotecoin.com (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (Upvote Coin Privacy Policy) carefully because they govern your use of our site, products, upvotecoin website, services and applications (the “Services”).

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

2. Privacy Policy

Please refer to our Privacy Policy (Upvote Coin Privacy Policy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

3. Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore.

Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. For example, we may remove a feature that users don’t use very often. We will notify you of significant changes to the Services that may affect you by sending you an email or posting on the Services.

4. Who May Use the Services

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Upvote Coin and are not barred from using the Services under applicable law.

5. Registration

To use certain features of the Services you need to create an account (“Account”. As part of the Account registration process, you may be requested to provide information about yourself in order to use the Services. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. We may use the information you provide in addition to information about you that is publicly available on the Internet—such as posts on any third-party social networking service, such as Facebook or Twitter (each, an “SNS Account”), that the privacy settings on and terms governing our access to such SNS Account permit us to access—in order to auto-generate parts of your Account profile. As noted below, you can terminate your Account at any time.

Certain features of the Services may permit or require you to link your Account with one or more SNS Accounts. If you do so, the Services will provide you with the functionality permitted by the settings on such SNS Account.

You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

Individuals who create an Account for the Services or not (which include you and third party Account holders) are collectively referred to as “Users” throughout these Terms.

6. Upvote Coin Website

6.1. General

Upvote Coin Website enables Users to submit URL’s publicly through the Services. Any such content that you or other Users post on the Upvote Coin Website is called “Website Content.”

6.2. Website Content Permissions

You understand and agree that your Account profile page and your Website Content will be publicly visible to Users and other visitors to the Site. Upvote Coin needs your permission to host your Website Content and make it available through the Services to you, other Users and other visitors to the Site, so by making any Website Content available through Upvote Coin Website you grant to Upvote Coin, or permit Upvote Coin to grant other Users, the rights and licenses necessary to make your Website Content available to you, other Users and other visitors to the Site, including the right to copy, modify (for formatting purposes only) and distribute copies of your Website Content in connection with operating and providing the Services, including, but not limited to, posting your Website Content on Upvote Coin’ SNS Accounts.

7. Data Maintenance and Backup Procedures.

In the event of any loss or corruption of any data associated with the Services, Upvote Coin will use reasonable efforts to restore the lost or corrupted data from the latest backup of such data maintained by Upvote Coin. Except for the foregoing, Upvote Coin will not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of any such data.

8. Content

8.1. Content Ownership

Upvote Coin does not claim any ownership rights in any Website Content (“User Content”) and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Upvote Coin and its licensors (including other Users) exclusively own all right, title and interest in and to the Services and any text, graphics, images, works of authorship of any kind, and information or other materials created by or licensed to Upvote Coin to be made available through the Services (“UV Content”), including all associated intellectual property rights. UV Content may include original content created by Upvote Coin for Upvote Coin Website, such as blog posts or public projects. You acknowledge that the Services, UV Content and User Content are protected by copyright, trademark, and other laws of the Portugal and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, UV Content or User Content. UV Content does not include User Content.

8.2. Your Representations and Warranties

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Upvote Coin on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your User Content that makes you personally identifiable.

8.3. No Endorsements

By operating the Services, Upvote Coin does not represent or imply that it endorses the User Content, or that it believes it to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. User Content may be offensive, indecent, or otherwise objectionable, as well as may contain technical inaccuracies, typographical mistakes, and other errors. User Content may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Upvote Coin disclaims any responsibility for any harm resulting from the use of the Services, or from any User Content.

8.4. Deleting Content

You can remove certain User Content by emailing us at [email protected]. However, some of your User Content (including, without limitation, posts or comments that have been made on Upvote Coin Website) may not be removed and copies of your User Content may continue to exist on the Services in archive or backup form. However, we may remove or delete your User Content within a reasonable period of time after the termination or cancellation of your Account in accordance with Section 13 (Termination). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

9. Publicity and Feedback

You agree that Upvote Coin may identify you or your company and use your company’s logo on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Upvote Coin or the Services.

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

10. General Prohibitions and Upvote Coin’s Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Use, display, mirror or frame the Services or any individual element within the Services, Upvote Coin’s name, any Upvote Coin trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Upvote Coin’s express written consent;
  • Access, tamper with, or use non-public areas of the Services, Upvote Coin’s computer systems, or the technical delivery systems of Upvote Coin’s providers;
  • Attempt to probe, scan or test the vulnerability of any Upvote Coin system or website or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Upvote Coin or any of Upvote Coin’s providers or any other third party (including another user) to protect the Services or User Content;
  • Attempt to access or search the Services or User Content or download User Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Upvote Coin or other generally available third-party web browsers;
  • Send any advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation in violation of any applicable law or regulation;
  • Use any meta tags or other hidden text or metadata utilizing a Upvote Coin trademark, logo URL or product name without Upvote Coin’s express written consent;
  • Use the Services or User Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or website, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or User Content or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

11. Copyright

If you believe that User Content residing or accessible on or through the Services infringes a copyright, you may send a notice of copyright infringement containing the following information to [email protected].

12. Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

13. Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected]. If we terminate your access to and use of the Services due to your breach of these Terms, you will not receive a refund for any partial-term cancellation or termination. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: Section 6.2 (Website Content Permissions), Section 8 (Content), Section 9 (Feedback), Section 10 (General Prohibitions and Upvote Coin’s Enforcement Rights), Section 11 (Copyright), Section 12 (Links to Third Party Websites or Resources), Section 13 (Termination), Section 14 (Warranty Disclaimers), Section 15 (Indemnity), Section 16 (Limitation of Liability), Section 17 (Choice of Law), and Section 19 (General Terms).

14. Warranty Disclaimers

The Services are provided “AS IS,” without warranty of any kind, EXPRESS, STATUTORY OR IMPLIED. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

15. Indemnity

You will indemnify, defend and hold harmless Upvote Coin and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

16. Limitation of Liability

NEITHER Upvote Coin NOR ANY OTHER party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES arising ouT of or in connection with THESE TERMS or from the use OF or inability to use the Services, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not UPVOTE COIN has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

In no event will Upvote Coin’s total liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE the Services EXCEED THE AMOUNTS YOU HAVE PAID TO UPVOTE COIN FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO UPVOTE COIN, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN UPVOTE COIN AND YOU.

17. Choice of Law

The Terms and Conditions and the use of the Service are subject to and will be interpreted according to the Portuguese law. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Lisboa, Portugal, to the exclusion of any other courts without giving effect to its conflict of laws provisions or User’s actual country of residence.

18. Affiliate Disclosure

Upvote Coin may receive compensation for recommendations made in reference to the products or services on this Site.

This compensation may be in the form of money, services or complimentary products and could exist without any action from a website visitor. Should you purchase a product or service that was recommended by Upvote Coin, it is understood that some form of compensation might be made to the Upvote Coin. For example, if you click on an affiliate link at Upvote Coin and then make a purchase of the recommended product or service, Upvote Coin may receive compensation.

This Compensation Disclosure has been provided for your protection and to fully disclose any relationship between Upvote Coin product or service recommendations and the owners of those product or services.

19. General Terms

These Terms constitute the entire and exclusive understanding and agreement between Upvote Coin and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Upvote Coin and you regarding the Services and Content. You may not assign or transfer these Terms, by operation of law or otherwise, without Upvote Coin’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Upvote Coin may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Upvote Coin under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Upvote Coin’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Upvote Coin. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20. Contact Information

If you have any questions about these Terms or the Services, please contact Upvote Coin at [email protected].