QueUp Terms of Service

Version 1.1 - 05 April, 2021.

Version 1.1
Version 1.0

Introduction

These Terms of Service (“Terms of Service”, "Terms", or “Agreement”) govern your ("you" or “your”) use of, purchase of, or subscription to QueUp ("QueUp", “our”, "us", "we" or the “Company”). QueUp websites, software, products or services (collectively, the "Services").

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING, PURCHASING OR SUBSCRIBING TO THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE ANY PART OF THE SERVICES.

By using the Services, you consent to the collection, use and disclosure of your information as described in QueUp’s Privacy Policy at https://www.queup.net/privacy (“Privacy Policy”). Additional terms may apply to contests, promotions or other QueUp events or activities that you may choose to participate in.

1. Rights to Use the Services

Conditioned upon your acceptance of these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Services. Any use of the Services in any way not expressly permitted by these Terms is prohibited and may be actionable under the law. QueUp shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, hours of availability and equipment needed for access or use.

2. Your Conduct and Responsibilities

You are responsible for protecting the confidentiality of your password(s), if any, and shall be fully responsible for the use of the Services by any other person you permit to access the Services. Any conduct by you that, in QueUp’s sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. In addition, you agree not to use the Services to:

  • propagation of computer worms, viruses and other such malicious code;

  • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

  • use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services;

  • violate or infringe in any way upon the rights of others;

  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • upload, post, transmit, share, store or otherwise make publicly available on the Services any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  • intimidate or harass another;

  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

  • use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Services;

  • provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;

  • use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors; unreasonably annoy (particularly with SPAM) any other User;

  • unreasonably annoy (particularly with SPAM) any other User;

  • provide, post or otherwise distribute, content that contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;

  • provide, post or otherwise distribute, content that discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;

  • use (directly or indirectly) the Services to make unauthorized entry to any other machine accessible through the Services, and

  • use of the Services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of the Services to become users of other on-line services.

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms or improper use of the Services and to take action including termination of your Account (“Account”) and exclusion from further participation in the Services.

You shall not upload, post, submit or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

3. Intellectual Property and Proprietary Rights

The Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Services are copyrighted as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material on the Services will be permitted without the express permission of QueUp and the copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or otherwise using copyrighted material.

QueUp graphics, logos, designs, page headers, button icons, scripts and service names (jointly referred to as "QueUp Marks") are the exclusive property of QueUp. All rights reserved. QueUp Marks and trade dress may not be used, including as part of trademarks or domain names, in connections with any product of service that is likely to cause confusion and may not be copied, imitated, or used, in whole or part, without the prior written permission of QueUp.

4. User-Generated Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Services, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Services that you did not create or that you do not have permission to post. You understand and agree that QueUp may, but is not obligated to, review the Services and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Services or provide QueUp. When you post User Content to the Services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Services. By posting User Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to QueUp an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Services at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. QueUp does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

5. Changes to these Terms

QueUp may from time to time change or modify these Terms of Service or impose new conditions, including, but not limited to, adding fees and charges for use. All such changes, modifications, additions or deletions shall be effective immediately upon posting notice on the Services. You acknowledge and agree that any use of the Services by you after such notice constitutes your acceptance to the modified Terms.

6. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED OR SUBSCRIBED TO THROUGH THE SERVICES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY QUEUP. QUEUP ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD OR SUBSCRIBED TO THROUGH THE SERVICES.

PRODUCTS AND SERVICES PURCHASED OR SUBSCRIBED TO ARE PROVIDED OR SOLD "AS-IS'' AND QUEUP DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. QUEUP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. QUEUP DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

NEITHER QUEUP, QUEUP AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, SPONSORS, ASSIGNEES OR LICENSEES (COLLECTIVELY, THE "QUEUP PARTIES") WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Limitation of Liability

QUEUP ASSUMES NO LIABILITY IN CONNECTION WITH ANY USE OF THE SERVICES. USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL QUEUP OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE, SUBSCRIPTION OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF QUEUP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUEUP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO QUEUP FOR THE PRODUCT OR SERVICE. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO QUEUP FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM QUEUP, REGARDLESS OF THE CAUSE OF ACTION.

8. Monitoring

QueUp shall have the right, but not the obligation, to monitor the content of the Services, including chat rooms and forums, to determine compliance with these Terms of Service and any operating rules established by QueUp and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, QueUp shall have the right to remove any material that QueUp, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Indemnification

You agree to defend, indemnify and hold harmless QueUp, QueUp affiliated companies and their respective directors, officers, employees, agents, assignees and licensees from and against all claims and expenses, including attorneys’ fees, resulting from (i) any breach of these Terms of Service or your negligent and wrongful conduct; (ii) your use and access of the Services, including the posting of any content on the Services by you; and (iii) violation by you of any applicable law, rule or regulation.

10. Termination

You may terminate your Account at any time and for any reason by contacting us through our support page. Without limiting the foregoing, QueUp shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which QueUp, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The Company is not required to provide you with any notice or warning prior to any such termination.

The provisions of Sections 3, 4, 5, 6, 8, 11, 12 and 13 shall survive termination of these Terms of Service.

11. Third Party Content

We use third-party services to help us provide the Services, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Services may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Services. Please note that your use of such third-party services will be governed by the terms and privacy policy applicable to the corresponding third party. Some of these third-party websites may use QueUp Marks under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Services.

You may share videos and music provided by thrid-party services such as YouTube. By using our Services, you also agree to be bound by the YouTube Terms of Service. You can find YouTube’s terms of Service here: https://www.youtube.com/t/terms.

12. Copyright Complaints

QueUp owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. You are prohibited from uploading, posting or otherwise transmitting on the Services any materials that violate another party’s intellectual property rights.

13. Miscellaneous

These Terms of Service (which hereby incorporate by reference any other provisions applicable to use of the Services, including, but not limited to, any supplemental terms governing the use of certain specific material contained on the Services and any operating rules for the Services established by QueUp) constitutes the entire agreement of the parties with respect to the subject matter. The provisions of these Terms of Service will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of these Terms of Service, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the intentions of the original provision. These Terms of Service shall be construed in accordance with and governed by the applicable laws of the State of Florida and applicable United States federal law. Exclusive venue for all litigation regarding these Terms shall be in Florida. You agree that any portion of these Terms found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.

Contacting Us

If you have any question regarding our Terms of Service, please contact us by submitting a new ticket here.