WonUpIt Data Collection Policy, Privacy Policy & Terms of Service

1. WonUpIt Data Collection Policy (in simple English)

Updated September 21st, 2018

DISCLAIMER: this is for informational purposes only. Our legally binding Privacy Policy and Terms of Service should be read by you before using the App. This document simply summarizes all the important points for you to glance over. Every point listed here has a multitude of legal requirements that are listed in the Privacy Policy and Terms of Service.

www.wonup.it/privacypolicy

www.wonup.it/terms

Terminology:

  1. Region​: any location in the world.

  2. App​: refers to the Android or iOS application available on the Google Play Store or Apple App Store.

  3. Application​: general terminology used for the entire application (frontend app and backend servers).

  4. Thread​: a hashtag challenge.

  5. Post​: a user image or video posted inside a challenge hashtag thread.

  6. Brand​: any organization with a paid account, in any region, which creates a hashtag challenge thread.

Data Collection:

  1. Your phone number is gathered when you register for the App.

  2. Further information regarding you, such as name, username, address, gender and age may be collected while you interact with the App. Note: you have to give us permission before we can gather this information.

  3. Your geo-location, directly from the App or through Posts made by you, may be collected by the App.

  4. Your Posts may reveal sensitive information, for example: racial profile, gender and religion. Only Post whatever you are comfortable sharing publicly.

  5. Your phone book will be stored on the server, spread across multiple regions, to allow us to find your friends who are on the App. You have to give us permission to do this. We will never share your phone book data with any third-party service provider.

 

Data Sharing:

  1. Your Posts can be viewed or stored by other user’s (who can view the Thread) across various regions.

  2. Your Posts posted in Threads are visible to all the user’s followers and their followers. This data can be captured and stored by any user who has the ability to view the thread. Again, please only post what you are happy to share publicly.

  3. If you Post an image or video in a public thread, that image or video is shared with all users using the app.

  4. If you participate in a challenge started by a Brand, and have opted-in to receive rewards, then your Post may be shared with that particular Brand. The Brand has complete access to your Post and your data, and has the sublicense to modify and use the Post for their organization. This includes but is not limited to advertisements, analysis and customer identification.

  5. If you participate in a challenge started by a Brand, and have opted-out to receive rewards, your Post and data is not shared with the Brand.

  6. Your Post and data will always be made available for the internal WonUpIt development team for auditing and processing.

Data Tracking:

  1. Every action performed by you within the App is tracked by the Application. This helps us fix bugs, trace issues and build a much more stable product. It also helps us understand you better so that we can provide you with a great WonUpIt experience.

  2. The Application also tracks the time you spend on the App.

  3. The App may also track the user’s location, if you have given the necessary permissions.

Data Storage and Transfer

  1. Data is primarily stored on Amazon Web Services (AWS) clusters, on multiple databases. These clusters are mainly situated in the USA (Oregon). However, part of the data might reside in a different region due to load balancing, localization, performance enhancements or other similar factors.

  2. Data may be duplicated across multiple regions to provide faster service.

  3. The data may be duplicated and used for internal purposes by the development team.

  4. Your Posts are stored in Amazon S3.

  5. The primary Amazon S3 server is located in the USA (Oregon), however, a part of the data might reside on S3 servers located in a different region.

  6. Data transfer from the S3 server is not directly streamed to you. It is routed through different regions to reduce latency. The transfer route is not constant and may vary for each user.

  7. Data from the S3 server may temporarily reside in a different region due to caching. The duration and data changes based on the user’s requests. 

  8. User Posts may be transferred to organizations or Brands across different regions.

  9. Data backups or archives may be stored in a different region as to the primary cluster.

 

Data Privacy:

  1. Part of your data, for example username or profile image, is accessible to all users across the App.

  2. Your Post posted in a Thread is visible to all the user’s followers and their followers.

  3. User’s data can be used internally by the development team.

  4. If you participated in a Brand’s challenge, your Post and data will be shared with the corresponding brand. This brand may be located in a different region.

  5. Your data may be sent to different organizations for auditing.

  6. Partial or complete data may be sent to government agencies when appropriate claims or documents are provided.

  7. Your geo-location or activity log is available for the development team for analytics and processing.

Data Deletion:

  1. Your data can never truly be deleted from every server, it can be removed from public display, but might still exist. Even in the rare case, if the data gets deleted, the backups or archive may contain your data. Over time, this data might get purged from the internet, however copies might exist based on previously publicly shared Posts and data.

  2. if you explicitly request to delete your account, the account will be made invisible, i.e. the current followers and Brands will be unable to view your account. However, your data in previous Brand challenges may be shared with the corresponding Brand.

  3. If you explicitly request to delete your account, most of your Posts will be made invisible to active users of the App. However, these images/videos will exist on the server and may be shared with the development team or various organizations on request. You can make a request to delete all of your data and we will do everything we can to ensure that your data is erased from our servers, however this does not guarantee that your data is removed from every server (used by us or other third parties like Brands and service providers like AWS).

  4. Data from the deleted user’s account may be used for analysis or as a training data by the development team.

 

Please note that this document may change in the future based on new requirements and user feedback.

2. WonUpIt Privacy Policy

 

Updated September 21st, 2018

This Privacy Policy describes WonUpIt's policies and procedures on the collection, use and disclosure of your information. WonUpIt receives your information when you use our WonUpIt mobile application (“App”) through various APIs, applications, services and third-party Social Media Accounts (as defined below) to engage with other users, including your friends and contacts (“Users”) and participate in promotions, competitions, and games (“Games”), and to interact with products and brands (“Brands”) in connection with their sponsoring of Games (collectively, our “Service”).

By downloading and installing our App, you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. Irrespective of which country you reside in or create information from, your information may be used by WonUpIt in the United States or any other country where WonUpIt operates. If you are attempting to access the Service from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that you are transferring your personal information to the United States and you consent to such transfer.

If you have any questions or comments about this Privacy Policy, please contact us at hello@wonup.it.

1.         Collection of Information.

  1. Registration Information. When you download the App and create an account (“Account”), we may collect some or all of the following personal information (“Registration Information”):

    1. name username

    2. cell phone number

    3. email address

    4. age

    5. gender

    6. contact list information (names and phone numbers from your phone address book)

    7. Note: Some of this Registration Information, for example, your name and username, may be shown publicly, such as on your profile page when you log in via a Social Media Account.

  2. Additional Information. You may provide us with additional information to make public, such as challenge other WonUpIt users to beat or “one up” your photo/video submission. Providing the additional information described in this section is entirely optional. IF YOU PROVIDE A CELL PHONE NUMBER TO RECEIVE SMS MESSAGES FROM WONUPIT, YOU EXPRESSLY CONSENT TO RECEIVING SMS MESSAGES FROM WONUPIT MARKETING WONUPIT, THE SERVICE, AND OUR PRODUCTS AND OTHER SERVICES. Although there is no fee associated with this service, your carrier may charge you for each message you receive in accordance with your calling plan. You agree that we are not responsible in any way for such charges. If you do not wish to continue to receive any messages via your mobile device, you may Opt-Out at any time.  YOU MAY OPT OUT OF RECEIVING MARKETING MESSAGES BY TEXTING “STOP” IN RESPONSE TO A MARKETING SMS MESSAGE. Failure to Opt-Out constitutes your consent to continue to receive these messages until you elect to Opt-Out and your release of us from any carrier charges associated with such messages.

  3. Messages, Posts, Scores and other Public Information. Our Service is primarily designed to help you share information with the world and to engage in Games. Most of the information you provide to us is information you are asking us to make public. This includes not only the photos/videos and messages you send and the metadata provided with photos/videos and messages, but also any comments or information you provide in connection with your photos/videos.  Our default is almost always to make the information you provide public but we generally give you settings to make the information more private if you want. Your public information is broadly and instantly disseminated. For example, your public messages are searchable by many search engines. You should be careful about all information that will be made public by WonUpIt, not just your messages. What you say on WonUpIt may be viewed all around the world instantly.

  4. Location Information. If you turn on your location information functions, we may also save exact coordinates to help improve our service. You can control your location information settings in your account settings. We may also use your location information to enable you to interact with Brands and other users. YOU EXPRESSLY AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INFORMATION DISCLOSED IN ANY OF YOUR PHOTOS/VIDEOS, INCLUDING ANY LOCATION INFORMATION OR DISCLOSURE OF ANY PERSON IN ATTENDANCE AT SUCH LOCATION.

  5. Log Data. Our servers automatically record information ("Log Data") created by your use of the Service. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, your mobile carrier, device and application IDs, and search terms. Other actions, such as interactions with our App and advertisements, may also be included in Log Data. We may store your Log Data indefinitely and in perpetuity. You can request us to delete your Log Data if you no longer wish to use the App.

  6. Links. WonUpIt may keep track of how you interact with links in messages across our Service including third party services and clients by redirecting clicks or through other means. We do this to help improve our Service, including advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.

  7. Cookies. Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Service, but we do not require cookies for many parts of our Service such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. WonUpIt may use both session cookies and persistent cookies to better understand how you interact with our Service, to monitor aggregate usage by our users and web traffic routing on our Service, and to improve our Service. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.

  8. Third Party Service. WonUpIt uses a variety of services hosted by third parties to help provide our Service, such as hosting our various blogs and wikis, and to help us understand the use of our Service.

 

2.        Use of Information.

  1. WonUpIt may use your Registration Information to help facilitate your transactions and participation in Games, including with Brands, and, in our sole discretion, to resolve disputes between you and other users.  We may also use your Registration Information as necessary to investigate fraud, protect our legal rights, and otherwise provide the Service.

  2. WonUpIt may use your information, including your Registration Information, to facilitate the provision of software updates, product support and other services to you (if any), including by sending email or text messages to your wireless phone, tablet, or other mobile device (each a “Device”).  You also grant WonUpIt an irrevocable, perpetual, royalty-free right and license to use your information to enhance our products and services and to develop new products and services. 

  3. WonUpIt will upload and save the names and phone numbers from your address book to our secure servers. This is to provide a faster user experience as it allows us to process which contacts are using the app in the background.

 

3.        Disclosure of Information.

We do not disclose the private elements of your Registration Information, such as passwords, or phone numbers, (“Private information”) except in the limited circumstances described here.

  1. Your Consent. We may share or disclose your Private Information with your consent, such as when you use a third party web client or application to access your WonUpIt account.

  2. Service Providers. We engage certain trusted third parties to perform functions and provide services to us. We may share your Private Information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to obligations mirroring the protections of this privacy policy.

  3. Law and Harm. We may preserve or disclose any of your information, including your Private Information, if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect WonUpIt's rights or property.

  4. Business Transfers. In the event that WonUpIt is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this privacy policy will apply to your information as transferred to the new entity.

  5. Non-Private or Non-Personal Information. We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public messages or the number of users who clicked on a particular link (even if only one did).

  6. Disclosure to Brands.  We may share certain portions of your Registration Information with Brands for marketing purposes, specifically, your name and email address, along with information that we have collected about your interests and preferences based on the Game in which you choose to participate. You may opt out of receiving marketing messages from Brands by using the opt-out mechanisms and links provided by each Brand.

 

4.        Modifying Your Private Information.

  1. If you are a registered user of our Service, we provide you with tools to access or modify the Private Information you provided to us and associated with your account.

  2. You can also permanently delete your WonUpIt account. When your account is deactivated, it is not viewable on www.wonup.it or in the App.  For up to 30 days it is still possible to restore your account if it was accidentally or wrongfully deactivated. After 30 days, we begin the process of deleting your account from our systems, which can take up to a week, or more in certain circumstances.

 

5.        Our Policy Towards Children.

Our Service is not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us at hello@wonup.it.  We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account within a reasonable time.

 

6.        Changes to this Policy.

 

We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at http://www.wonup.it/privacypolicy. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an e-mail to the email associated with your account, or via text message to the phone number associated with your account. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.

 

 

7.        Security.

 

WonUpIt takes commercially reasonable steps to help protect your information against loss, misuse and unauthorized access, or disclosure.  HOWEVER, WonUpIt expressly disclaimS any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your Information.

 

 

8.        Third Party Accounts.

We only use the APIs, OAuth Tokens, Widgets, or other means provided by the applicable Third Party Account to integrate your Third Party Account with our App.  As such, we only receive the limited information that each Third Party Account permits to be transferred.

3. Terms of Service

 

Updated September 21st, 2018

These Terms of Service ("Terms") govern your access to and use of the mobile software application (the “App”) provided by WonUpIt, Inc. (“WonUpIt”) to interact with other user (“Users”), post certain content such as photos, videos, statements and comments and opinions (“UGC”), and participate in certain challenges, competitions, and games (“Games”), including Games posted by companies and brands (“Brands”) that sell goods and services (collectively, the “Service”).

By downloading and installing the App, and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing in the App (“Content”), you acknowledge and agree that you have read and understood these Terms and agree to be bound by them. If not, do not download or use the App or use the Service. 

  1. Registration.

    1. To use the Service, you must download and install the App and then register and create an account (“Account”).  To be eligible to create an Account, you must be at least 13 years old.  When you set up your account, you will be required to create log-in credentials by providing certain types of personal information or providing certain credentials for Third Party Accounts (“Login Credentials”). For more information on the types of personal information we will collect in order to create your Login Credentials, please review our Privacy Policy. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials.  You agree not to allow a third party to use your Login Credentials at any time.  We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party.

    2. You may also link your Account with certain third party sites, including but not limited to, Facebook, YouTube, Instagram, and Twitter (“Third Party Accounts”) by either (i) providing your Third Party Account login information to us; or (ii) allowing us to access your Third Party Account, if permitted under the applicable terms and conditions that govern your use of each Third Party Account.  You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.  You have the ability to disable the connection between your Account and your Third Party Accounts at any time by accessing the “Settings” section of the App.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

    3. You may register for and use the Service only if you can form a binding contract with WonUpIt and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

    4. WonUpIt grants you a personal, revocable, limited, non-transferable license to use the App on any iPhone, iPad or iPod Touch as permitted by the Usage Rules set forth in the App Store Terms and Conditions or any Android enabled device as permitted by the terms and conditions of the Google Play store (the “Usage Rules”). The Service is always evolving and the form and nature of the Service that WonUpIt provides may change from time to time without prior notice to you. In addition, WonUpIt may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. All updates and upgrades to the App will be governed by the version of these Terms published by us as of the date you install such update or upgrade. Any rights not expressly granted herein are expressly reserved. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

  2. Terms of Games.

    1. It is free to download the App and register for an Account and you will never be asked to pay any consideration or entry fee to participate in a Game. The App allows you to participate in private Games between designated Users (“Private Games”) and Games that are open to the public, including Games that may be sponsored by a Brand (“Public Games).

    2. All prizes (“Prizes”) are provided either by WonUpIt or directly from participating Brands depending on the rules for the particular Game. In circumstances where a Prize is being provided by a Brand, you agree that such Brand is the sole issuer of the Prize and is solely responsible for fulfilling and delivering the Prize. The Brand is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use, receipt, or redemption of a Prize. You waive and release WonUpIt and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Brand in connection with your receipt or use of a Prize.

    3. The Service will never include in-App advertisements in the forms of banner ads, pop-up ads or any other such traditional form of advertising. Brands who sponsor Games are not considered to be advertisers on the App. Information collected about you might be used by the App and Brands to deliver specific Games to you.

    4. You are solely responsible for your interactions with Brands and other users of the Service and for any act, omission, or participation in any activity involved in the Game, including for any personal injury, harm, or death. You participate in any and all activities related to a Game at your sole risk. To the extent permitted under applicable laws, you hereby release WonUpIt from any and all claims or liability related to: (i) your participation in any Game or any activity related to a Game, (ii) any product or service of a Brand, (iii) any action or inaction by any Brand, including Brand’s failure to comply with applicable law and/or failure to honor any Prize, and (iv) any conduct or speech, whether online or offline, of any Brand or any other user

  3. Passwords.

    1. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. WonUpIt cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

    2. In some cases, you might need to use a verification text delivered via SMS to verify your identity while logging in to the WonUpIt service. In this case, your phone number is used to verify you and your verification text is a temporary password given to you to log in to the system. We use Firebase Auth to take care of this service. More details can be found here: https://firebase.google.com/docs/auth

  4. UGC (user-generated content).

    1. You are responsible for any UGC you post and for any consequences thereof. Any use or reliance on any UGC or other materials posted via the App or obtained by you through the App is at your own risk.

    2. We reserve the right, but not the obligation, to monitor your UGC at any time, for any reason, and to remove any UGC that we, in our sole discretion, find to be in violation of these Terms or otherwise objectionable.

    3.  The UGC you submit, post, or display will be able to be viewed by other users of the App and through third party services and websites.  You should only provide UGC that you are comfortable sharing with others. What you say via the App may be viewed all around the world instantly. You are what you message!  You are expressly prohibited from posting any UGC that is false, fraudulent, inaccurate, misleading, unlawful, harassing, defamatory, offensive, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, encourages criminal conduct or conduct that could give rise to civil liability, or that infringes upon any copyright, trademark, service mark, or other intellectual property right or proprietary right of any third party (“Prohibited Content”).

    4. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any UGC or communications posted via the App or endorse any opinions expressed via the App. You understand that by using the Service, you may be exposed to UGC that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will WonUpIt be liable in any way for any UGC, including, but not limited to, any errors or omissions in any UGC, or any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.

    5. You will not upload, post or otherwise make available on via the App, any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. WonUpIt does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the App, you warrant that the owner of such material has expressly granted WonUpIt the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store, or reproduce the material for that User's personal use. You also grant WonUpIt the right to analyze, edit, copy, publish and distribute any material that you make available via the App.

    6. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any UGC on the Service and to terminate users or reclaim usernames. Please review the WonUpIt Rules and WonUpIt Community Guidelines (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of WonUpIt, its users and the public.

    7. You may choose to ‘opt-out’ of sharing your UGC and account/log data with a Brand. This option can be selected from the Settings screen in the App. By default, you are opted-in to sharing your UGC, via a creative commons sublicense, with the Brand who has sponsored the Game in which the UGC was submitted. WonUpIt may also sublicense your UGC and share your account/log data with other Brands or third-party services. If you choose to opt-out, then only WonUpIt has the right to use your UGC and account/log data as outlined in these Terms; WonUpIt will not be authorized to share this UGC and account/log data with any Brand. In this opt-out case, you will not be eligible to receive any rewards, prizes or benefits associated with taking part in or winning a Game. While opted-in to sharing your UGC and account/log data, WonUpIt may analyze the content in your UGC to create custom databases for Brands who are paying WonUpIt for this Service.

  5. Ownership Rights.

    1. As between WonUpIt and you, all rights in and to any UGC remain with the user that submitted the UGC to the Service. You agree, acknowledge, represent, and warrant to WonUpIt that: (i) you own or have all necessary rights and permissions to upload and  post UGC via the App and grant WonUpIt the rights herein; (ii) that your UGC does not contain any Prohibited Content; (iii) and that your UGC constitutes information residing on our systems or networks at your direction under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).  

    2. You agree to indemnify, defend, release and hold WonUpIt and WonUpIt’s agents, affiliates, and representatives, representatives , directors, officers, and employees harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (i) any UGC submitted by you; (ii) activity that occurs through or by use of your Account; (iii) your use of or reliance on any UGC; (iv) your interaction with any other user of the App; or (v) your violation of these Terms. This indemnification obligation includes payment of any attorneys' fees and costs incurred by WonUpIt.

    3. By submitting, posting or displaying UGC on or through the App, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works of, and distribute such UGC in any and all media or distribution methods (now known or later developed). We may modify or adapt your UGC in order to transmit, display or distribute it over computer networks or offline and in various media and/or make changes to your UGC as are necessary to conform and adapt that UGC to any requirements or limitations of any networks, devices, services or media. You agree that this license includes the right for WonUpIt to make such UGC available to other companies, organizations or individuals who partner with WonUpIt for the syndication, broadcast, distribution or publication of such UGC on other media and services. Such additional uses by WonUpIt, or other companies, organizations or individuals who partner with WonUpIt, may be made with no compensation paid to you with respect to the UGC that you submit, post, transmit or otherwise make available through the App. You are responsible for your use of the App, for any UGC you provide, and for any consequences thereof, including the use of your UGC by other users and our third party partners. You understand that if you do not have the right to submit UGC for the uses described in this Section, you may be subjected to liability.  You also represent and promise that you have obtained a release and consent from every person included in a photo and that you will not submit any photo to any Game that violates any right or privacy or publicity.  You agree to indemnify, defend, release, and hold harmless WonUpIt from any and all claims arising from or relating to you UGC.  

    4. As between you and WonUpIt, all Content accessible or available via the App (excluding UGC) is the exclusive property of WonUpIt or is being used with permission by the applicable owner. All right, title, and interest in and to the Content, App, or Service (excluding UGC) are and will remain the exclusive property of WonUpIt and its licensors. The App and Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the WonUpIt name, any of the WonUpIt trademarks, logos, domain names, and other distinctive brand features, or any name, logo, trademark, or brand of any third party that is made available via the Service, including the name or logo of any Brand, Event, or Location. Any feedback, comments, or suggestions you may provide regarding WonUpIt, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF ANY CONTENT, OR THE APP WITHOUT THE EXPRESS WRITTEN PERMISSION OF WONUPIT IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. This App contains 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 App are protected by copyright as a collective work under the United States copyright laws, including the selection, coordination, arrangement and enhancement of the App. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

  6. Restrictions on Use of the Service.

    1. You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, WonUpIt’s computer systems, or the technical delivery systems of WonUpIt’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by WonUpIt (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with WonUpIt; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the App, or any portion of Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of UGC in such a manner as to interfere with or create an undue burden on the Service.

  7. Copyright Policy.

    1. WonUpIt respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your UGC has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    2. We reserve the right to remove UGC alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, WonUpIt will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the App is: hello@wonup.it

  8. Disclaimers.

    1. Your access to and use of the APP, THE Service or any Content, AND YOUR PARTICIPATION IN ANY GAME OR ANY ACTIVITY RELATED TO ANY GAME, is at your own risk. You understand and agree that the APP, Service, AND CONTENT is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, WONUPIT AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF BRANDABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. WonUpIt will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that WonUpIt has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from WonUpIt or through the Service, will create any warranty not expressly made herein. WONUPIT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR, AND YOU ASSUME ALL LIABILITY AND RESPONSIBILITY FOR, ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR PARTICIPATION IN ANY GAME OR ANY ACTIVITY IN CONNECTION WITH A GAME.​

  9. Links.

    1. The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WonUpIt of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  10. Limitation of Liability.

    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WONUPIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE the APP, Content, or THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; AND (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WONUPIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

  11. Exclusions.

    1. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

  12. Waiver and Severability.

    1. The failure of WonUpIt to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

  13. Controlling Law and Jurisdiction; Arbitration. PLEASE READ THIS CAREFULLY.  IT AFFECTS YOUR RIGHTS.

    1. Except for a claim by WonUpIt of infringement or misappropriation of WonUpIt’s patent, copyright, trademark, or trade secret, any and all disputes between you and WonUpIt arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section.  This agreement to arbitrate is intended to be interpreted broadly.  It includes, but is not limited to, all claims and disputes relating to your use of the App.  The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section.  For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and WonUpIt must abide by the following rules:  (i) the arbitration shall be conducted solely based on written submissions; and (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.  If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco County, California.  The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction.

    2. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated will be brought solely in San Francisco County, California, and shall be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence that would result in the application of the laws of a state other than California. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law principles that would result in the application of the laws of a state other than California). Claims of infringement or misappropriation of WonUpIt’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in San Diego County, California.

    3. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION and THAT you MAY BRING CLAIMS AGAINST WonUpIt ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

  14. Acknowledgement. WonUpIt and you acknowledge that these Terms are concluded between WonUpIt and you only, and not with Apple, Inc., or Google, Inc.  WonUpIt, not Apple or Google, is solely responsible for the App and the content thereof.  To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.

  15. Scope of License.  The license granted to you for the App is limited to a non-transferable license to use the App on an iOS or Android Product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service and the Google Play Store Terms of Service.

  16. Maintenance and Support. WonUpIt is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. WonUpIt and you acknowledge that Apple and/or Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

  17. Warranty. With respect to the App, WonUpIt is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. With respect to any items listed for sale via the Service, however, the applicable User or Brand listing such item is solely responsible for all product warranties, if any.   In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and/or Google, and Apple and/or Google will refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, Apple and/or Google will not have any other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be WonUpIt’s sole responsibility.

  18. Product Claims. WonUpIt and you acknowledge that WonUpIt, not Apple and/or Google, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of App, including, but not limited to: (a) product liability claims; (b) 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.  These Terms do not limit WonUpIt’s liability to you beyond what is permitted by applicable law.

  19. Intellectual Property Rights. WonUpIt and you acknowledge that, in the event of any third party claim that App or your possession and use of the App infringes that third party’s intellectual property rights, WonUpIt, not Apple and/or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  20. Legal Compliance. You represent and warrant that (a) 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; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

  21. WonUpIt Name and Address. WonUpIt’s contact information for any end-user questions, complaints or claims with respect to the App is hello@wonup.it.

  22. Indemnification. You agree to indemnify, defend, release, and hold harmless WonUpIt, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the App or the Service, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.

  23. Equitable Remedies. You hereby agree that if the terms of these Terms are not specifically enforced, WonUpIt will be irreparably damaged, and therefore you agree that WonUpIt shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies.

  24. Entire Agreement; Changes to this Policy.

    1. These Terms, the WonUpIt Rules, the Community Guidelines, the Data Collection Policy and our Privacy Policy are the entire and exclusive agreement between WonUpIt and you regarding the Service (excluding any services for which you have a separate agreement with WonUpIt that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between WonUpIt and you regarding the Service. Other than members of the group of companies of which WonUpIt is the parent, no other person or company will be third party beneficiaries to the Terms.

    2. We may revise these Terms from time to time; the most current version will always be at http://www.wonup.it/terms. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account, or via sms message to the phone number associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

    3. The Service and the App are operated and provided by WonUpIt Inc. If you have any questions about these Terms, please contact us at hello@wonup.it 

    4. In the event of a conflict between our Privacy Policy and these Terms, these Terms will prevail.

WonUpIt Competition Rules

 

Updated September 21st, 2018

 

NO PURCHASE NECESSARY TO ENTER OR WIN.

  1. Eligibility: You must be 13 years of age or older and not an employee of WonUpIt.

  2. Timing: Each Game will run from when the challenge was created, until the challenge has expired in the App (each a “Game Period”).   

  3. How to Enter: Follow the instructions posted on the App for the Game to enter the UGC described in the App.

  4. WINNER Selection Process: Other users of the App will vote for your UGC and the UGC with the most votes at the end of the Game period wins. If the winner cannot be contacted within a maximum of three (3) attempts, or if there is a return of any notification as undeliverable, then he/she will forfeit the prize, which will be awarded to the entrant with the next highest number of votes. Note: not all Games will have eligible prizes.

  5. GENERAL: All Games and disputes about any Game shall be governed by the laws of the State of California, USA without regard to choice of law or conflict of law principles (whether of the State of California, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California, USA. Any dispute, claims and causes of action arising out of or connected in any way with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and  brought exclusively in a federal or state court in the State of California, USA. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs associated with entering the Game, but in no event attorneys’ fees.  Under no circumstances will any participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. WonUpIt reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these rules.

376360 v2/CO