Current Terms of Use

Overview:

Linkupr is a platform that allows users to interact via chatrooms, and to create and share events with other users in the similar geographically region. Because of the dynamic and sometimes unpredictable nature of this interaction, we take policy and rules very seriously. In order to use our platform, you must agree to these terms.

Linkupr ("App") is fully owned by Above The Median, LLC ("Owner"), a state of Florida registered Limited Liability Company. This is a social Android and iOS application that allows users to create local events called Linkups. Linkups can only be created for today and tomorrow's activities. These Linkups are visible to those in the same geographic area. The terms and conditions contained in this agreement are subject to change at anytime at the discretion of the app. Your use of the app, signifies your agreement to these terms and conditions, including any changes thereto that may be posted from time-to-time on the app.

Usage (Section 1):

1.1- Users of the App must be at least 18 years of age. Minors are not allowed to join. Profile pictures are verified upon signing up.

1.2- This App is secured with modern encryption algorithms. Do not attempt to thwart our system's security to gain unauthorized information or block access with unreasonable system load. You may be subject to permanent suspension and prosecution upon the discovery of such intrusions.

1.3- Users of this site are required to enter their first, last name, gender and date of birth upon account creation. Only the first name is visible to other users and the age (calculated from the date of birth). It is suggested to be truthful with your name as this is what others will refer you by. You are allowed to change your name once every 1 month after signup if you decide to do so. Do not enter a name that is commonly viewed as profane or obscene. Do not attempt to deceive other users with a deceitful name. Failure to comply with the requirement may lead to permanent suspension from the App.

1.4- You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the App, including without limitation your participation in or involvement with any event and your submission of acceptable public information. You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.

1.5- The App reserves the right to refuse use of the platform to anyone and to reject, cancel, interrupt, remove or suspend any user at any time for any reason without warning and without liability.

1.6- When you complete our registration process you will create a password that will enable you to access the App. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security and you agree to change your password upon notification. You agree that Linkupr cannot and will not be liable for any loss or damage arising from your failure to notify us and inaction regarding your password change.

1.7- You agree not to interfere with or disrupt the App or networks connected to the App or through the use of our App, or disobey any requirements, procedures, policies or regulations of networks connected to our app or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding.

1.8- You acknowledge and agree that we may establish general practices and limits concerning the use of our platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of your uploaded information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

1.9- We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our app.

1.10- All uploaded content must be original work and cannot be in violation of Section 2. A general guideline for what is acceptable is to only upload content that you would be willing to take in public.

1.11- You, and not Linkupr, are entirely responsible for all of the content that you upload, post, email, transmit or otherwise make available via our app. We do not control your information or information of or posted by other users and do not guarantee the accuracy, integrity or quality of your information or the information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your information or the information of or posted by other users. You agree that under no circumstances will Linkupr, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in your information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of your information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our platform, or for any failure to correct or remove information.

1.12- You are given the opportunity to deactivate your account where all your user data will be anonymized in our system after 30 days. To initiate this deactivation you will need to do so on your settings page.

Disallowed Activities (Section 2):

2.1- The following activities can lead to permanent suspension from the platform without warning. Avoid using our platform to do the following: (This list is not all inclusive)

Linkups (Section 3):

3.1- Linkups are public local activities created by users for either the current day or the next day. Anyone can join a Linkup who is registered on the app; however, Linkups close to the user are the ones visible and restrictions can be applied that prevent visibility. We do not perform background checks on users. We do not supervise these Linkups and are not involved in any way with the actions of any individuals at these Linkups. Although we do due dilligence to verify identities, we have no control over the identity of the person showing up to a Linkup or the actions of the individuals who are present at these Linkups, and we request that our users exercise caution and good judgment when attending these Linkups.

3.2- Because we do not supervise or control the Linkups or interactions among or between members of these Linkups and other persons or companies, and because we are not involved in any way with physical transportation to or from specific Linkup locations or with the actions of any individuals at a Linkup, and because we cannot guarantee the true identity, age, nationality of the App users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Linkup hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the platform, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a volly event. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

3.3- You agree to receive notifications pertaining to the Linkups that you sign up for and occasional emails from Linkupr site administrators. You can limit the information you receive through your settings page.

3.4- If you witness any illegal activity at a Linkup, please report that activity to your local law enforcement. We cooperate with law enforcement for the safety of our users.

3.5- Historic Linkup information is removed from our platform after 3 months from a Linkups creation time.

Copyrights (Section 4)

4.1- Linkupr trademarks and service marks, and other Linkupr logos, products and service names, are trademarks of the Owner. Except as otherwise permitted by law, you agree not to display or use in any manner the Linkupr trademarks without Linkupr's prior written consent.

4.2- Linkupr respects the intellectual property of others, and we ask our users to do the same. To the extent Linkupr uses a trademark that is the property of a third party, Linkupr shall provide clear notice to anyone viewing Linkupr's use of that trademark that

4.4- We do not claim ownership of your uploaded content. We will use it only in accordance with our privacy policy. However, to enable us to use your uploaded content and to ensure we do not violate any rights you may have in it, you grant Linkupr a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights you have in your uploaded content, in any media now known or not currently known, with respect to your uploaded content.

Liability & Warranties (Section 5)

5.1- THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE APP SHALL CREATE ANY WARRANTY.

5.2- EACH USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE APP, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR RELATING TO USE OF THE SERVICES, BREACH OF THESE TERMS OR VIOLATION OF ANY LAWS. THE APP MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH USERS HAVE AGREED TO INDEMNIFY THE APP AND EACH USER AGREES TO ASSIST AND COOPERATE WITH THE APP IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS.

5.3- To the fullest extent permitted by law, in no event will Linkupr, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the App. In no event shall Linkupr's liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

5.4- You expressly agree that exclusive jurisdiction for any dispute with the Owner, or in any way relating to your membership or use of the Linkupr, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving the Owner or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

5.5- For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

5.6- We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our App with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our platform.

Arbitration (Section 6)

6.1- All claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis, except that you and Linkupr are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

6.2- The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

6.3- If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

6.4- The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Linkupr. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Linkupr.

6.5- YOU AND LINKUPR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Linkupr are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and Linkupr over whether to vacate or enforce an arbitration award or otherwise, YOU AND LINKUPR WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

6.6- ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes will be resolved in a court as set forth in Section 5.4.

6.7- No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

6.8- Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

6.9- This arbitration agreement will survive the termination of your relationship with Linkupr.