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Terms of Use

Terms of Use
 

These Terms of Use govern your use of TurboUp and present information about the TurboUp Service and application, all described below. When you create a TurboUp account or use TurboUp, you agree to these terms. 

 

ARBITRATION NOTICE: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

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The TurboUp Service

We agree to provide you with the TurboUp Service. The TurboUp Service will include all of the TurboUp products, features, applications, services, technologies, and software that we present to push TurboUp's mission and goal: To draw you closer to the people, photos and things you love. The Service is built up of the following aspects (the Service):
 

 

Offering organized and personalized profile opportunities to create, communicate, connect, discover, re-post and share.

In TurboUp we want you to discover new content you will love, share and repost including friends, families, and others. For this reason, TurboUp develops and uses tools, technology and offers resources to the TurboUp community to help make the experience better.
 

 

Positive and Safe Environment 

We have a team that helps work to oppose mistreatment, abuse, and violations of our Terms and policies, as well as dangerous, harmful and dishonest behavior. We use all information we have-including your information all to try to grip our Service. Additionally, we may gather and share information about misuse or harmful content with other Companies, organizations or law enforcement. 
 

 

Technology and Tools that help us keep the community interactive and growing 

Technologies like artificial intelligence and computer knowledge give us the ability to implement complicated processes across our Service. 

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Ensuring a stable global infrastructure for our Service.

To implement our global Service, we must store and transfer data across our systems around the world. (This includes outside of your country of residence. )

 

Uniting you with products, brands, and services in ways you care about.

We use data from TurboUp, as well as from third-party partners, to show you ads, offers, suggestions, featured and other sponsored content that we believe will be significant to you. Our goal is to make all the content you see as applicable to you as possible. 
 

 

Research and innovation 

We use the information from TurboUp to analyze our Service and cooperate with others on research to make our Service tremendous and contribute to the prosperity of our TurboUp community. Nurturing comprehensive environment.
 

 

The Data Policy 

We are required to use your information, gather and collect personal information. The Data Policy (below) will explain how we collect, handle, use and share information across TurboUp and services. It also describes and explains the numerous ways you can manage your information. You must agree to the Data Policy to use TurboUp.
 


 Your Commitments and Responsibilities 

In return for our commitment to provide the Service, we require you to make the below commitments and responsibilities to us.

 

Who Can Use TurboUp
 

We want our Service to be as extensive and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a several restrictions and limitations in order to be part of the TurboUp community. You just agree with these Commitments.

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  • You must be at least 13 years old.

  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.

  • We must not have previously disabled or blocked your account for violation of law or any of our policies given.

  • You must not be a convicted sex offender.

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How You Can't Use TurboUp (You, The User)

Providing a safe and open Service for a broad community requires that we all do our part. The following are ways you can not use TurboUp and our services.

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  • You can't impersonate others or provide inaccurate information.

  • You don't have to disclose your identity on TurboUp, but you must provide us with valid and up to date information (including registration information). Also, you may not impersonate someone that is not you, and you can't create an account for someone else unless you have their direct permission.

  • You can't do anything unlawful, misleading, deceitful, or fraudulent or for an illegal or unauthorized purpose.

  • You can't violate (this includes help or encourage others to violate) these Terms or our policies, including in particular the TurboUp Community Guidelines, TurboUp Platform Policy, and Music Guidelines. 

  • You can't do anything to interfere with or impair the intended operation of the Service. 

  • You can't attempt to create accounts or access or collect information in unauthorized ways.
    This entails creating accounts or collecting information in an automated way without our express consent.

  • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

  • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.

  • You can't use a domain name or URL in your username without our prior written consent.

 

Permissions You Give to Us (TurboUp)

As part of our agreement, you also give us permissions that we need to provide the Service.

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We do not claim ownership of your content, but you grant us a license to use it.

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Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted or eliminated it. 

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Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
 

You give us permission to show your username, profile picture, wallpaper, Strip names and information about your actions (such as likes and reposts) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on TurboUp Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on TurboUp. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings. You can learn more here about your ad settings.

You agree that we can download and install updates to the Service on your device.

 

 

Additional Rights We Retain. 
 

  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for instance, if it infringes someone's intellectual property or impersonates and mimics another user).

  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

  •  You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Guidelines or with our prior written permission.

  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

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Content Removal, Disabling or Terminating Your Account. (You, The User)
 

  • We can remove any content or information you share or repost on the TurboUp Service if we believe that it violates and breaks these Terms of Use, our policies (including our TurboUp Community Guidelines), or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating, eliminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies (including our TurboUp Community Guidelines), if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our Help Center.
     

  • Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.
     

Our Agreement and What Happens if We Disagree.
Our Agreement
 

  • Your use of music on the Service is also subject to our Music Guidelines, and your use of our API is subject to our Platform Policy. If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to the Community Payment Terms. If any of those terms conflict with this agreement, those other terms will govern.
     

  • If any aspect of this agreement is unenforceable, the rest will remain in effect.
     

  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
     

  • We reserve all rights not expressly granted to you.
     

Who Has Rights Under this Agreement
 

  • This agreement does not give rights to any third parties.
     

  • You cannot transfer your rights or obligations under this agreement without our consent.
     

  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

     

Who Is Responsible if Something Happens.
 

  • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
     

  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
     

  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
     

  •  You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
     

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How We Will Handle Disputes.
 

  • Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or TurboUp ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other TurboUp users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
     

  • Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
     

  • The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
     

  • This arbitration provision is governed by the Federal Arbitration Act.
     

  • You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your TurboUp account, and a clear statement that you want to opt out of this arbitration agreement, and you must send an E-mail to us here: "info@TurboUp.com" with the header "TurboUp Arbitration Opt-out" 

  • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your TurboUp account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be E-mailed to TurboUp:  "info@TurboUp.com" Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your TurboUp account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
     

  • We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
     

  • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. in the State of Texas. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
     

  • The laws of the State of Texas, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
     


Unsolicited Material.

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

 

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately exhibit our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into force and effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

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