Terms of Service

 

Version 1.0 published January 12, 2018.

Welcome to the UPROAR Conservation Marketplace

You are viewing UPROAR’s terms of use (“Terms”). To assist in your review, we have included a summary of the key ideas in the beginning of each section. We encourage you to review the more detailed text that follows each section summary. You may notice that some words appear in quotes in the Terms. They are called “defined terms,” and we use them so that we don’t have to repeat the same language multiple times to refer to important concepts, and because we want it to be easy for you to read the Terms.

UPROAR provides a service platform that allows supporters of conservation (“Supporters”) to engage with conservationists (“Conservationists”) (as more fully described below, the “Services”). The Terms apply to all use of the Services and related services, including via our website and mobile applications, or otherwise and any new features and applications from time to time relating thereto (the “Platform”).

For purposes of the Terms, “UPROAR,” “we,” “us,” “our,” and other similar terms, shall refer to UPROAR, Global Media, Inc., the party with whom you are contracting. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. 

By using the Platform and/or the Services you agree to the Terms and acknowledge that you have read and understand them. You also agree to our https://www.theuproar.com/privacy-policy/ and https://www.theuproar.com/cookie-policy/ and any other policies we post on the Platform. Finally, we encourage you, particularly if you intend to donate or contribute to an UPROAR campaign, to review the Fees section of the Terms. We may update or change the Services, Platform, Privacy Policy, Cookie Policy or other policies from time to time. Your continued use of the Services and/or the Platform after the date that any such change occurs constitutes your acceptance of such change. If you do not wish to accept the new Terms, you may discontinue your use of the Services.

Conversationists, Donors and Fundraisers can use UPROAR’s Platform to connect with one another, learn about, experience and/or support conservation projects and issues. Any such interactions are strictly between the participants, and while UPROAR provides the Platform to facilitate the interaction, it cannot and does not endorse or offer any guarantees around it. 

More About the Services

Services Description: The Services are offered through the Platform to various users, which may include Fundraisers and Donors (each as defined below) and other registered users (for example, users who simply wish to learn about or engage in social activity with a Conservationist or Campaign (as defined below) or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow certain Conservationists approved by UPROAR (a “Fundraiser”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those Supporters who are registered users wishing to contribute funds to the Campaign (“Donors”).

Through the Services, users may also bid for Experiences offered by Conservationists. For Experiences, our sole responsibility is to inform users of the availability of such Experiences and to collect payments on behalf of Conservationists.

“Experiences” means the (a) items, goods, collectables, rarities, or other products in physical or digital form, and (b) experiences including in-person experiences and virtual experiences, in each case, offered by the Conservationists via the Services. “Experience Listing” means the description of the Experience. The Conservationist, not UPROAR, is responsible for honoring the purchase of any Experience. The Conservationist may require a Donor to enter into an agreement with the Conservationist, including a waiver or release of liability and you acknowledge that if you fail to do so, you may not be able to participate in the Experience. Some Experiences include the ability to interact with a Conservationist. We expressly disclaim any liability arising from such interactions.

Charitable Giving: While some of the Campaigns are charities to which you can make tax-deductible charitable contributions, it is important to note that some are not. However, in addition to the Services described above, UPROAR permits Donors to contribute directly to certain charitable organizations (“Charities”) through the Platform. Any Donation you make to a Charity through the Platform will be subject to a Services fee as described below under “Conditions of Use: Fees”. You understand and acknowledge, however, that UPROAR is not a charity. As used in this Agreement, the term “Campaign” does not refer to a Charity, and you acknowledge that contributions to Campaigns are not deductible under your jurisdiction’s applicable tax laws and regulations.

The Services are a Platform: The Services are an administrative platform only. UPROAR facilitates the Donation transaction between Fundraisers and Donors, but is not a broker, agent, financial institution, creditor or insurer for any user. UPROAR has no control over the conduct of, or any information provided by, a Fundraiser or a Charity, and UPROAR hereby disclaims all liability in this regard to the fullest extent permitted by applicable law.

We do not guarantee the success of a Campaign or a Charity. We do not endorse any Campaign, Fundraiser, or Charity, and we make no guarantees that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign, Fundraiser, or Charity.

We do not and cannot verify the information that Fundraisers supply, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Fundraiser or Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Fundraiser or Charity, as applicable. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Fundraiser or Charity is not raising or using the funds for their stated purpose, please use the “Report” button on the Campaign or Charity to alert our team of this potential issue and we will investigate. 

You may need to register with UPROAR to use certain of the Services, including to launch a fundraising campaign. You are responsible for determining tax implications of any donations you may make or receive. We reserve the right to change the Platform or the Services but will try to provide you notice of those changes through the Platform. You can make anonymous donations. Any use of the Services through the Platform on a mobile phone may result in additional charges from your mobile provider, and if you are uncertain about this you should contact your provider. 

Rules Relating to Your Use of the Services

If you are a Fundraiser, you represent, warrant, and covenant that (i) all information you provide for a Campaign is accurate, complete, and not designed to mislead or defraud any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post; and (iii) you will comply with all applicable laws in all your dealings using the Platform and/or the Services, including privacy and the use of personal data of others and other consumer protection laws. You authorize UPROAR to provide information relating to your Campaign with Donors and beneficiaries of your Campaign and with law enforcement or to assist in any investigation.

Your Registration Obligations: Fundraiser must register with UPROAR. In addition, users may be required to register with UPROAR to access and use certain features of the Services, including Experiences. If you choose to register for the Services, you agree to provide and maintain true, accurate, and complete information about yourself as requested by the registration process. If you are under 13 years of age, you may not use the Services, with or without registering. In addition, if you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors) to utilize such Services. While we may help facilitate the registration in some instances with payment processors with which UPROAR has partnered, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services to facilitate the provision of Services (and related third party services). Where such information consists of Personal Information (as defined in the Privacy Policy), it will only be shared in accordance with the Privacy Policy.

Taxes: If you are a Fundraiser, it is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of the Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify UPROAR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. UPROAR will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Services: UPROAR reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof). We will endeavor to give you notice of any such modification, suspension or discontinuance. You agree that, to the extent permitted by law, UPROAR will not be liable to you for any modification, suspension or discontinuance of the Services in accordance with these Terms.

Public Settings for Donations: As a Donor, you may elect to that the details of any Donation you make be publicly available to users of the Service and the worldwide web more broadly, including through search engines like Google. Please see our Privacy Policy for more information on the ways that we may collect, use, and store certain information about you and your use of the Services.

Mobile Services: The Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Platform via a mobile device, (ii) the ability to browse the Platform from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding UPROAR and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. If you change or deactivate your mobile telephone number, you agree to promptly update your UPROAR account information to ensure that your messages are not sent to the person that acquires your old number.

Use of the Services through the Platform is a privilege. Please be respectful, honest, and courteous. Don’t be a bully. Don’t break the law. Don’t try to hack anything or anyone. Be polite. Behave so you can continue to use the Services through the Platform. 

Conditions of Use

User Conduct: You are solely responsible for all content (“Content”) that you upload, post, transmit, publish, display or otherwise make available, use or otherwise (the foregoing referred to as, “upload”) via the Services.  Content includes, but is not limited to, Campaign descriptions, information, data, photographs, videos, images, information, music, sound, or other materials. Below are examples of content and/or use that is illegal or prohibited by UPROAR. UPROAR reserves the right to investigate and/or take appropriate action against, directly or through third parties, anyone who, in UPROAR’s sole discretion, violates any of the terms or spirit of these Terms, including, removing the offending Content, suspending or terminating the account of such violators, stopping payments to any such Campaign, freezing or placing a hold on donated funds, or otherwise taking appropriate legal action. Without limiting the foregoing, you agree to not use the Services to:

  • establish or contribute to any Campaign with the implicit or express purpose relating to any of the following:
    • any activity that violates any law or governmental regulation;
    • content or campaigns that are fraudulent, misleading, impossible or imitating any other person or fundraising campaign;
    • gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill or chance or sweepstakes;
    • the promotion of hate, violence, harassment, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
    • activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law;
    • pornography or other sexual content; or
    • offensive, graphic, perverse or sensitive content.
  •  transmit or otherwise upload any Content that 
    • infringes any intellectual property or other proprietary rights of any party; 
    • you do not have a right to upload under any law or under contractual or fiduciary relationships; 
    • contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, device or equipment; 
    • poses or creates a privacy or security risk to any person; 
    • constitutes unsolicited or unauthorized advertising, “junk mail,” “spam,” or any other form of solicitation; 
    • in the sole judgment of UPROAR, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose UPROAR or its users to any harm or liability of any type; or
    • harvests or collects email addresses or other contact information of other users from the Services by electronic or other means.

Donations: In order to contribute to a Campaign or to a Charity, a Donor must provide his or her credit card or other payment instrument information. You, as a Donor, represent and warrant to UPROAR that such information is true and that you are authorized to use the payment instrument. You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless UPROAR, in its sole discretion, agrees to issue a refund, for example in accordance with the UPROAR Guarantee. Donors may have the option to contribute recurring period Donations, and in electing to contribute on a recurring basis, you, as a Donor (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the Donation amount that you specify, and (ii) hereby authorize UPROAR to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments, which can be done at any time through the Platform.

Fees: UPROAR retains a five percent (5%) of each Donation contributed to a Campaign and all charitable contributions made to a Charity (collectively, “UPROAR Platform Fees”). An additional payment processing fee is also deducted from each Donation (the “Payment Processing Fee,” and together with the UPROAR Platform Fees and any other imposed taxes or fees, the “Fees”). Donors acknowledge that by contributing a Donation to a Campaign, the Donor is agreeing to any and all applicable terms and conditions set forth by our payment partners, in addition to these Terms.

Fees are deducted directly from each Donation, and will not be reflected in the amount which a Fundraiser can withdraw from the Campaign or which is directed to a Charity. We reserve the right to change UPROAR's Fee pricing from time to time. If UPROAR does change its Fees, UPROAR will provide advance notice of the change on the Platform or in email to you, at UPROAR's option. Your continued use of the Services after the Fee change becomes effective constitutes your acceptance of the updated Fees. Unless expressly stated otherwise, all Fees referred to in these Terms are exclusive of Value Added Tax, Goods and Services Tax and any other taxes, where applicable.

Account Holds: From time to time, UPROAR may place a hold on a Campaign account (a “Hold”), restricting Withdrawals (defined herein) by a Fundraiser. Some of the reasons that we may place a Hold on a Campaign Account include the following: (i) if we have reason to believe (in our sole discretion) that information provided by a Fundraiser is false, misleading, or fraudulent, or that funds are being used in a prohibited manner, (ii) if the funds available should be provided directly to a person other than the Fundraiser (such as a legal beneficiary or person entitled by law to act on behalf of a Fundraiser), (iii) if we have reason to believe that a Campaign or Fundraiser has violated these Terms, or (iv) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us at support@UPROAR.com.

Withdrawing Donations from a Campaign: You, as a Fundraiser, may withdraw Donations to your Campaign at any time up to the full amount of all Donations credited to your Campaign, less Fees and any previously withdrawn amounts (“Withdrawals”) and subject to any Holds that we or our payment partners may place on your Campaign account. A Fundraiser may withdraw Donations by electronic wire transfer to your bank account or by receipt of a paper check in certain cases. While UPROAR strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for use immediately, and UPROAR does not guarantee that Withdrawals will be available to you within any specific time frame, and UPROAR expressly disclaims all responsibility for any delay or inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a Fundraiser, are responsible for ensuring that the information you provide to UPROAR to process a Withdrawal, including your bank account information, is accurate and up to date.

We respect copyright. You should too. Copyrighted content on the Platform generally falls into three categories: content that we own or control, content that you own or control, and content that third parties own or control. We are not responsible for content uploaded by you or third parties. You must not make available any content on the Platform that you do not own or control. If you become aware of someone using your content in an unauthorized manner, you may contact us and we will work with you and the third party to resolve the issue. 

Intellectual Property Rights

Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by UPROAR, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Services or distributed in connection therewith are the property of UPROAR, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by UPROAR.

The UPROAR name and logos are trademarks and service marks of UPROAR (collectively the “UPROAR Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to UPROAR. Nothing in these Terms or the Services should be construed as granting any license or right to use any of UPROAR Trademarks displayed on the Services. All goodwill generated from the use of UPROAR Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will UPROAR be liable in any way for any content or materials of any third parties (including users and Fundraisers). UPROAR and its designees will have the right to remove any content that violates these Terms or is deemed by UPROAR, in its sole discretion, to be otherwise objectionable.

User Content Transmitted Through the Services: With respect to Content you upload or post through the Services or share with other users or recipients, you represent and warrant that you have all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such content. By uploading any Content you hereby grant and will grant UPROAR and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. 

Copyright Complaints: UPROAR respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify UPROAR of your infringement claim in accordance with the procedure set forth below.

UPROAR will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to UPROAR's Copyright Agent at legal@UPROAR.com (Subject line: “Copyright Takedown Request”). You may also contact us by mail or facsimile at:

UPROAR Copyright Agent:

UPROAR Global Media, Inc., Level

Pioneer Building, 600 1st Avenue,

Seattle, WA 98104

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good-faith belief that the content was removed or disabled because of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, UPROAR will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: UPROAR has adopted a policy of terminating, in appropriate circumstances and at UPROAR's sole discretion, users who are deemed to be repeat infringers. UPROAR may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites/Services

The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. UPROAR has no control over such sites, services and resources and UPROAR is not responsible for and does not endorse such sites, services and resources. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that UPROAR is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify on demand and hold UPROAR and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Campaign, any User Content, your connection to the Services, your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UPROAR AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

UPROAR AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLIABLE LAW, NEITHER UPROAR NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF UPROAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UPROAR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE LESSER OF (1) THE AMOUNT YOU HAVE PAID UPROAR IN THE LAST SIX (6) MONTHS, OR (2) ONE HUNDRED DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of the Services or the Platform, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures.Judgment on the arbitration award may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these terms, you are waiving your right to trial by jury or to participate in a class action or representative proceeding, we are also waiving these rights.

We follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairnessfor all arbitrations done under these terms. If any portion of these terms do not follow that standard, that portion is severed from these terms. This clause does not limit either party’s ability to seek injunctive or other equitable relief for disputes relating to intellectual property or proprietary data.

Termination

You agree that UPROAR, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services under reasonable circumstances, including, without limitation, for lack of use or if UPROAR believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that UPROAR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services where such deactivation or deletion is permitted under these Terms. Further, you agree that UPROAR will not be liable to you or any third party for any termination of your access to the Services.

User Disputes

You agree that you are solely responsible for your interactions with any other user through the Services and UPROAR will have no liability or responsibility with respect thereto. UPROAR reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

General

These Terms constitute the entire agreement between you and UPROAR and govern your use of the Services, superseding any prior agreements between you and UPROAR with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms will be governed by the laws of the State of Washington without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and UPROAR agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Seattle, Washington. The failure of UPROAR to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of UPROAR, but UPROAR may assign or transfer these Terms, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Platform.

Privacy Policy

At UPROAR, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

Questions? Concerns? Suggestions?

Please contact us at support@UPROAR.com to report any violations of these Terms or to pose any questions regarding these Terms or the Services.