TERMS & CONDITIONS
The mobile application with the identifier com.heyflup.flup, available on the Apple App Store and Google Play (the "Site"), is a copyrighted work owned by Clapp Technologies, LLC ("Company," "we," "our," and "us"). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
PLEASE NOTE THAT SECTION 10.2 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT, WITH LIMITED EXCEPTIONS, WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
1.1 Account Creation: In order to use certain features of the Site, you must register to create an account ("Account") and provide specific information about yourself as requested by the account registration form. You declare and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You can delete your Account at any time, for any reason, by following the instructions on the Site. The Company may suspend or cancel your Account in accordance with Section 8.
1.2 Account Responsibilities: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur on your Account. You agree to immediately notify the Company of any unauthorized use or suspicion of unauthorized use of your Account or any other security breach. The Company cannot and will not be responsible for any loss or damage arising from your failure to comply with the above requirements.
1.3 By registering and using our Site, you understand and agree that the Company may obtain public data from your linked or connected social media profiles to your user account on our Site.
1.4 The public data obtained from your social media profiles may include, among other things, public profile information, profile pictures, usernames, public posts, and other information you have configured as public on your social media profiles.
1.5 The Company will use this public data with the purpose of enhancing your experience on our Site so that you can benefit from brands relevant to your profile.
1.6 If you do not agree with the retrieval of public data from your social media profiles, we recommend that you review and adjust the privacy settings of your social media profiles before linking or connecting them to your account on our Site
2. SITE ACCESS
2.1 License: Subject to these Terms, the Company grants you a non-transferable, non-exclusive, revocable, and limited license to use and access the Site solely for your personal and non-commercial use.
2.2 Certain Restrictions: The rights granted to you in these Terms are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or commercially exploit the Site, either in whole or in part, or any content displayed on the Site; (b) you shall not modify, create derivative works, disassemble, reverse engineer any part of the Site; (c) you will not access the Site to build a similar or competitive website, product, or service; and (d) unless expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future version, update, or other addition to the functionality of the Site will be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained in all copies thereof.
2.3 Modification: The Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.4 No Support or Maintenance: You acknowledge and agree that the Company shall have no obligation to provide you with support or maintenance in connection with the Site.
2.6 Feedback: If you provide the Company with feedback or suggestions regarding the Site ("Feedback"), you hereby assign to the Company all rights to such Feedback and agree that the Company shall have the right to fully use and exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide as non-confidential and non-proprietary. You agree not to submit to the Company any information or ideas that you consider to be confidential or proprietary.
3. USER CONTENT
3.1 User Content: "User Content" refers to all information and content that a user submits or uses with the Site (e.g., content in the user profile or posts). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or a third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may be exposed to liability if, for example, your User Content violates the Acceptable Use Policy. The Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backups of your User Content if you desire. The Company and its partners may use User Content at their discretion.
3.2 License: Hereby, you grant (and represent and warrant that you have the right to grant) the Company an irrevocable, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purpose of including your User Content on the Site. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy: The following terms constitute our "Acceptable Use Policy": (a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, commercial disparaging, pornographic, obscene, patently offensive, promotes racism, intolerance, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that violates any law, regulation, or obligation or restriction imposed by a third party. (b) Additionally, you agree not to: (i) upload, transmit, or distribute through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of duplicated or unsolicited messages, whether commercial or otherwise; (iii) use the Site to collect, harvest, gather, or assemble information or data about other users, including email addresses, without their consent; (iv) interfere, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or other computer systems or networks connected or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate searches, requests, or automated queries (or to strip, scrape, or extract data) from the Site (provided, however, that we conditionally grant public search engine operators revocable permission to use spiders to copy materials from the Site solely for the purpose and solely to the extent necessary to create publicly available search indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Compliance: We reserve the right (but have no obligation) to review, reject, and/or remove any User Content at our sole discretion, and to investigate and/or take appropriate action against you at our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or create liability for us or any other person. Such action may include removing or modifying your User Content, canceling your Account in accordance with Section 8, and/or reporting you to law enforcement.
You agree to indemnify and hold the Company (and its officers, employees, and agents), including costs and attorneys' fees, harmless from any claim or demand made by a third party arising out of or related to (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will make reasonable efforts to notify you of any claim, action, or proceeding upon becoming aware of it.
5. THIRD-PARTY LINKS AND ADVERTISEMENTS; OTHER USERS
5.1 Third-Party Links and Advertisements: The Site may contain links to third-party websites and services and/or display third-party advertisements ("Third-Party Links and Advertisements"). Such Third-Party Links and Advertisements are not under the control of the Company, and the Company is not responsible for any Third-Party Links and Advertisements. The Company provides access to these Third-Party Links and Advertisements for your convenience only and does not review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Links and Advertisements. You use all Third-Party Links and Advertisements at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Advertisements, the terms and policies of applicable third parties, including the privacy and data collection practices of third parties, apply. You should conduct any necessary or appropriate investigation before proceeding with any transaction in connection with such Third-Party Links and Advertisements.
5.2 Other Users: Each user of the Site is solely responsible for all of their User Content. Since we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or others. We make no warranties regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with other users of the Site are solely between you and such users. You agree that the Company shall not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any user of the Site, we have no obligation to become involved.
5.3 Release: You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns), and hereby waive and discharge all and any disputes, claims, controversies, demands, rights, obligations, liability, action, and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, the Site (including any interaction with, or action or inaction of, other users of the Site or any Third-Party Links and Advertisements). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND THE COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT IT WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, THE DURATION OF ALL SUCH WARRANTIES IS LIMITED TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall the Company (or our suppliers) be liable to you or any third party for loss of profits, loss of data, costs of procurement of substitute products, or any indirect, consequential, exemplary, or incidental damages, special or punitive damages arising from or related to these Terms or your use or inability to use the Site, even if the Company has been advised of the possibility of such damages. Access and use of the Site are at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding any contrary provision herein, our liability to you for any damages arising or related to these Terms (for any cause whatsoever and regardless of the form of the action), shall at all times be limited to a maximum of fifty United States dollars (US$50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising or related to these Terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time and for any reason at our sole discretion, including any use of the Site that violates these Terms. Upon termination of your rights under these Terms, your Account and the right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve the removal of your User Content associated with your Account from our live databases. The Company will have no liability to you for any termination of your rights under these Terms, including termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.6, Section 3, and Sections 4 through 10.
These Terms are subject to occasional revision, and if we make substantial changes, we may notify you by sending an email to the last email address you provided (if applicable) and/or by posting a prominent notice of the changes on our Site. You are responsible for providing us with your most current email address. In the event that the last email address you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes indicates your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Dispute Resolution
(a) Applicability of Arbitration Agreement: All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings shall be conducted in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
(b) Notice and Informal Dispute Resolution: Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 9100 SW 174 St, Palmetto Bay, Florida 33157. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
(c) Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Arbitration will be initiated through JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorney fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Each party is responsible for its own costs (including attorney fees) and the parties will share equally the costs of arbitration except as set forth below.
(i) Authority of Arbitrator: The arbitrator will have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding 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. 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 these Terms (including the Arbitration Agreement). 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 the Company.
(ii) Waiver of Jury Trial: YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(iii) Waiver of Class or Other Non-Individualized Relief: ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in the State of Florida. All other disputes, claims, or requests for relief shall be arbitrated.
(iv) 30-Day Opt-out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: firstname.lastname@example.org within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Company username (if any), the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(v) Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with the Company.
(vi) Modification: Notwithstanding any provision in these Terms to the contrary, we agree that if the Company makes any future change to this Arbitration Agreement (other than a change to the Notice Address) during the period of your relationship with the Company, you may reject any such change by sending written notice of your rejection to: email@example.com within thirty (30) days of the change's effective date.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data, in violation of the United States export laws or regulations.
The Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
9.5 Electronic Communications
The communications between you and the Company use electronic means, whether you use the Site or send us emails, or whether the Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your statutory rights.
9.6 Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation." If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other. You cannot assign, subcontract, delegate, or transfer these Terms, or your rights and obligations herein, without the Company's prior written consent, and any attempt to do so in violation of the foregoing will be null and void. The Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
9.7 Copyright/Trademark Information
Copyright © 2022 Clapp Technologies, LLC. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
10.8 Contact Information: Alejandro Reyes Bradford 9100 SW 174 St Palmetto Bay, Florida 33157 Email: firstname.lastname@example.org
11. Age Requirement
11.1. By using our Site, you declare and warrant that you are at least 18 years old. If you are not at least 18 years old, you are not authorized to use our platform.