UP Terms of Service

UnlikelyPlaces. (referred to throughout as “us,” “we,” “our,” “UP”, the “Company”, etc.) is the owner and operator of the www.unlikelyplaces.com website and related mobile applications. Together, they are an online social competition platform designed for individuals including athletes, celebrities, social influencers, organizations and any other registered users of the services to create challenges and campaigns for fun, awards, sweepstake prizes and fundraising activities for charities. These Terms and Conditions of Use (these “Terms”) apply to the www.vieforgood.com website and any subdomains thereof; any API integrations, apps or widgets we offer; and any other website or webpages we own or operate that include a link to this statement, along with the services offered thereon (together collectively referred to as the “Site”).

Subscribers, customers, users, third parties acting on behalf of users and/or others who download, use, purchase, subscribe, aggregate data, information, or content available on or via the Site, or otherwise interface with or access the Site (collectively or individually “you” “user” or “users”) must do so under these Terms.

Before using the Site, please read carefully the following terms. By accessing, browsing and/or using the Site, including uploading or downloading any information or materials to or from the services, a user acknowledges having read, understood and agreed to be bound by all consents and disclosures set forth in the registration process (and hereby incorporated herein by this reference), all of the following terms, including any future modifications to the terms, and any related agreements, guidelines and policies. If a user does not consent to the agreement, then we require that such user cease using the Site immediately. These Terms were drafted in English. To the extent a translated version of the terms conflict with the English version, the English version controls.

The Site is available for individuals aged thirteen (13) years or older. If a user is older than thirteen (13) but under the age of eighteen (18), then such user agrees to review the agreement with his or her parent(s) or guardian(s) to ensure that both the user and parent(s) or guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) review and accept the agreement on the user‘s behalf through our registration process. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a minor aged thirteen (13) or older, then the parent or guardian agrees and accepts full responsibility for his or her child's use of the site and/or services, including all financial charges and legal liability that such child may incur.

If you do not wish to use the Site in accordance with these Terms, you should immediately discontinue using the Site.

 

1. UPDATES TO THE TERMS

1.1 Updates. We may update or change the Terms from time to time. Amendments will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occurring before, the point in time when that amendment was published to the Site. We will let you know when the Terms have been updated or changed by publishing the date of the last amendment at the top of this page. You agree that this method of notice is sufficient and that you will regularly check these Terms for updates or changes.

 

2. GENERAL USER WARRANTIES

2.1 User Warranties. By accessing, using, or registering with the Site you represent, warrant, and irrevocably covenant that:

1. You have the authority to enter into this agreement.

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3. Your decision to enter into this agreement and your use of the Site will not violate any applicable law, regulation, or ordinance.

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5. Your decision to enter into this agreement and your use of the Site will not infringe the rights of any third parties.

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7. You will at all times supply truthful and accurate information to us and you will not misrepresent yourself to the public through your use of the Site.

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9. You will never use the Site, or any services we provide to you, in a manner that violates the law or the legal rights of a third party.

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11. You are at least thirteen (13) years of age, and if you are under eighteen (18) years of age, you have the consent of a parent or legal guardian.

 

3. INTELLECTUAL PROPERTY

3.1 IP Protection. The Site is owned and operated by us. Our software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software and services, including, but not limited to, the mobile device applications and all other elements of the Site (collectively, the "Materials") are protected by United States copyright, trade dress, patent and trademark laws; international laws and conventions; and all other relevant intellectual property and proprietary rights, and applicable laws. All materials and components contained on the Site are our property and/or that of our third-party licensors. All trademarks, service marks, and trade names displayed on the Services are proprietary to us and/or our third-party licensors. Except as expressly authorized by us, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

3.2 Prohibited Activities. You agree to use the Site, and the features and services provided through the Site, only as they are obviously intended to be used. All other uses are strictly prohibited. You agree not to (and not to encourage a third party to) disassemble, reverse engineer or otherwise attempt to discover, copy or transmit, any source code underlying the Site, or the software, features or services provided therein.

3.3 User Content.
 3.3.1 User Content Warranty. Any and all information (other than personal information and/or location information which are expressly covered and governed by our Privacy Policy), including data, text, files, images, graphics and any and all other material that a User transmits to, or supplies to us is referred to as “User Content.” By transmitting User Content on or through the Site, the user expressly warrants:

1. he or she is solely responsible for the transmission, accuracy, completeness and publication of that User Content; and

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3. he or she controls all of the rights to that User Content, which neither does nor will infringe or violate the rights of any third party; and

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5. we bear no responsibility, legal or otherwise, for that User Content.

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 3.3.2 Prohibited User Content. You may not post User Content on the Site that:

1. is patently offensive, indecent, objectionable and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

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3. involves pornography or other sexual content;

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5. is graphic, perverse or sensitive content:

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7. harasses or advocates harassment of another person;

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9. provides any telephone numbers, street addresses, last names or email addresses of any third party without such party’s permission;

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11. promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

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13. violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

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15. violates any state and/or federal law, including but not limited to those regarding nonprofit fundraising;

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17. involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming";

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19. furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;

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21. solicits passwords or personal identifying information for commercial or unlawful purposes from other members;

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23. involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes;

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25. includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual‘s privacy or infringement of publicity rights;

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27. contains a virus or other harmful component; or

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29. promotes use of the Site features and content that can, knowingly or unknowingly, cause physical or emotional harm to themselves or third-party.

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 3.3.3 User Content License. When you transmit or otherwise supply User Content to us, or otherwise make such User Content available on or through the Site, you expressly grant us, and agree to grant us at the time of the creation of such User Content, a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate or distribute such User Content in any form, media, and/or technology, whether now known or hereafter created, for any purpose, including but not limited to commercial purposes, advertising and/or otherwise. You further agree that when you post User Content to the Site, you waive any and all “moral rights” in that User Content. Moreover, you authorize and direct us to make such copies of that User Content as we deem necessary in order to facilitate its posting and storage.
 We do not assert any real ownership over User Content. Rather, subject to the rights granted to us in these Terms, the user retains full ownership of any and all of his or her User Content, and any intellectual property rights or other proprietary rights associated with said User Content. The license ends when you delete your Content or your account, unless your Content has been shared with others and they have not deleted it.

 3.3.4 Review of User Content. We do not actively monitor, review or edit User Content that is posted or otherwise made available by a user on the Site. Accordingly, by consenting to the Terms, a user understands and acknowledges that when accessing or otherwise using the Site, he or she may be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Content. Further, a User must understand and acknowledge potentially being exposed to User Content that is inaccurate, offensive, indecent or objectionable. Accordingly, users agree to waive, and hereby do waive, any legal or equitable rights or remedies against us that may be available with respect thereto.
 We, however, reserve the right, in our sole discretion, to edit, remove and/or refuse to publish any User Content, in whole or part, that we determine does not comply with these Terms, is unlawful, or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, we are not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content we determine to be unsuitable.

4. INTERNATIONAL USERS

4.1 International Use.The Site is not intended for use by nonprofit organizations organized under the laws of countries other than those of the United States of America. You represent, warrant, and irrevocably covenant that you will refrain from making financial transactions through the Site if you are (i) located in a country embargoed by the United States; or (ii) included on the U.S. Treasury Department’s list of Specially Designated Nationals. If you choose to use this Site, you are solely responsible for compliance with all applicable local laws and you consent to having your data transferred, processed and stored in the United States.

 

5. CHARITABLE SOLICITATION

5.1 Charitable Solicitation. We provide an accessible platform for nonprofit organizations to raise awareness about their particular causes and, if they choose, to raise funds to support those causes. We do not endorse or represent any of the nonprofit organizations on this Site and do not solicit on their behalf. Nor do we plan, manage, advise, counsel, consult or prepare any materials for, or with respect to, the solicitation of charitable contributions. Compliance with federal, state and local laws regarding charitable solicitation is the sole responsibility of the nonprofit organizations using the Site.

 

6. FEES

6.1 Fees. Users (individuals, for-profit and non-profit organizations) may pay a subscription fee to use the Site and a transaction fee for certain transactions. Information on fees may be found at Fees.

 

7. ADDITIONAL POLICIES

7.1 Privacy Policy. You accept our Privacy Policy, which you may find https://www.vieforgood.com/privacy.

7.2 Contest and Competition Rules. Rules for a given challenge or competition on the Site will be posted in connection with such contest/competition. General rules you may find at Rules.

7.3 Digital Millennium Copyright Act Compliance Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of Users that are determined to be "repeat infringers,” defined as a User who has been notified by us of infringing activity violations more than twice, and/or who has had User Content removed from the Site more than twice.

Copyright owners who believe that any content on the Site infringes upon their copyrights are encouraged to submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). Said notification should be sent to us at:

Vie Inc.
840 Donna Drive
Incline Village, NV 89451-9107
and should include the following in writing:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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3. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works;

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5. 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;

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7. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

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9. a statement that the complaining party has 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and

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11. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

8. AVAILABILITY

8.1 Availability of Service. As the provider of the Site, we reserve the right to discontinue, for any or no reason, and without notice to you: (i) the Site, in whole or in part; (ii) any features or services provided by or through the Site; and/or (iii) your account with the Site.

 

9. LIABILITY

9.1 Waiver of Warranties. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, CONCERNING THE SITE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION. WE MAKE NO WARRANTIES CONCERNING CONTINUITY OF SERVICE, THE SECURITY OF THE SITE, OR THAT THE SITE WILL BE ERROR FREE. WE OFFER THE SITE AND THE FEATURES AND SERVICES CONTAINED THEREIN “AS IS” AND “WITH ALL FAULTS.”

9.2 Assumption of Risk. YOU UNDERSTAND AND AGREE THAT WHEN YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA VIA THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. FURTHER, WHEN YOU CREATE, HOST OR PARTICIPATE IN ANY COMPETITION OR CHALLENGE CREATED ON OUR SITE (INCLUDING, BUT NOT LIMITED TO PHYSICAL ACTIVITIES SUCH AS CYCLING, RUNNING, WEIGHTLIFTING, SWIMMING, GOLFING, ETC.), THAT CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION OR NEGLIGENCE OF VIE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. ACCORDINGLY, WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY HARM TO A USER THAT RESULTS FROM ANY OF THE AFOREMENTIONED ACTIVITIES GENERATED THROUGH THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO A GIVEN USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND HE OR SHE MAY HAVE ADDITIONAL RIGHTS.

9.3 Taxes. You understand that the party with which you transact through the Site is the one that sets the tax language in any receipt you receive. We make no representations about the nature of any transaction you make through the Site. We are not responsible for determining the legal or tax status of any nonprofit organization using this Site, nor of the availability of charitable contribution tax deductions for donors. Always consult the organization you are transacting with and a qualified financial advisor prior to claiming a deduction on your taxes.

9.4 Release. YOU HEREBY RELEASE US, OUR SUCCESSORS AND ASSIGNS, OUR AFFILIATES, AND EACH OF THE FOREGOING’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASES”) FROM ANY AND ALL LIABILITY, COSTS, EXPENSES, LOSSES, DAMAGES (INCLUDING DAMAGE TO PROPERTY OR PERSONAL INJURY OR DEATH), AND CLAIMS, WHETHER KNOWN OR UNKNOWN, WHICH MAY ARISE FROM (i) YOU HOSTING OR CREATING, PARTICIPATING IN, ATTENDING, OR AUTHORIZING A COMPETITION OR CHALLENGE POSTED ON THE SITE (INCLUDING EVENTS YOU AUTHORIZE YOUR SUPPORTERS TO SHARE ON THE SITE) OR (ii) FROM THE ACTS OR OMISSIONS OF THIRD PARTIES YOU INTERACT WITH THROUGH THE SITE (COLLECTIVELY THE “RELEASED CLAIMS”).

BY PARTICIPATING IN COMPETITIONS OR CHALLENGES YOU MAY QUALIFY FOR CERTAIN PRIZES FROM TIME TO TIME. EACH PARTICIPANT AND WINNER WAIVES ANY AND ALL CLAIMS OF LIABILITY AGAINST THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, THE COMPETITION OR CHALLENGE SPONSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FOR ANY PERSONAL INJURY OR LOSS WHICH MAY OCCUR FROM THE CONDUCT OF, OR PARTICIPATION IN, THE COMPETITION OR CHALLENGE, OR FROM THE USE OF ANY PRIZE. IN ORDER TO RECEIVE A PRIZE, PARTICIPANTS MUST SIGN AN OFFICIAL WAIVER FORM PROVIDED BY THE COMPANY.

If you are a California resident, you waive California Civil Code Section 1542, 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.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

9.5 Limitation of Liability. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL BE LIABLE TO YOU FOR SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL), REGARDLESS OF THE CAUSE, LEGAL THEORY, OR CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE LIKELIHOOD THEREOF. OUR AGGREGATE LIABILITY, TOGETHER WITH THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF THE TERMS AND/OR YOUR USE OF THE SITE, (WHEN AGGREGATED WITH ALL OTHER CLAIMS AGAINST US ARISING OUT OF THE TERMS AND YOUR USE OF THE SITE), REGARDLESS OF THE TYPE OF CLAIM(S) OR THE NATURE OF THE CAUSE(S) OF ACTION, WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS ($100) OR (ii) THE NET AMOUNT WE HAVE BEEN PAID FROM TRANSACTION FEES ARISING FROM TRANSACTIONS YOU HAVE MADE THROUGH THE SITE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM(S). YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN WE HAVE REACHED AND THAT THEY WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9.6 Indemnification. YOU AGREE TO HOLD THE RELEASEES HARMLESS AND TO DEFEND AND INDEMNIFY EACH OF THEM FOR ALL COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES), DAMAGES, AND LIABILITY FROM THIRD PARTY CLAIMS, WHICH ARISE FROM, OR RELATE TO, YOUR USE OF THE SITE AND/OR YOUR BREACH OF THESE TERMS.

 

10. GENERAL

10.1 Governing Law.These Terms will be governed by and construed in accordance with the laws of the State of Nevada as such laws are applied to agreements made between Nevada residents and performed entirely within the State of Nevada, without regard to conflicts of laws principles.

10.2 Forum. The exclusive jurisdiction and venue for any disputes which may arise out of, or relate to, these Terms or your use of the Site will be the state and federal courts located in the City of Las Vegas, Nevada. You hereby expressly and irrevocably consent to the personal jurisdiction and venue of such courts.

10.3 Relationship of the Parties. These Terms do not create, and shall not be construed to create, a joint venture, commercial co-venture, partnership or other formal business relationship between you and us. At all times, we shall remain independent contractors with respect to one another.

10.4 No Assignment. You have neither the right nor the power to assign your rights under these Terms. Any purported assignment of your rights under these Terms will be NULL AND VOID.

10.5 Entire Agreement. These Terms contain the entire agreement between you and us; they are a complete integration of our agreement, and supersede and displace any earlier or contemporaneous written or oral negotiations, statements or agreements purporting to deal with the subject matter hereof.

10.6 Severability. If any provision of the Terms is found to be unenforceable, invalid, or illegal by a court of competent jurisdiction, this finding shall not render any other provision of the Terms unenforceable, invalid, or illegal. We both agree that the court will have the authority to modify or replace the unenforceable, invalid, or illegal provision with a valid and enforceable provision that most closely represents our intentions with respect to the invalid, illegal, or unenforceable provision.

10.7 No Waiver. Any delay on your part, or on our part, to exercise a right or power granted under these Terms will not be construed as a waiver of such right or power. All waivers must be in writing and a waiver of any particular breach will not be construed as a waiver of any other breach, or any succeeding breach.

10.8 Survival. The provisions of the sections of these Terms titled “Intellectual Property,” “Liability,” and “General” will survive termination.

10.9 Headers. The headers contained within these Terms are for convenience of reference only, and shall not be interpreted to modify the plain meaning of the various provisions of these Terms.

10.10 Attorneys’ Fees. In any action to enforce, arising under, and/or relating to these Terms between you and us, the prevailing party as determined by the court or other body with jurisdiction by agreement of the parties shall be entitled to recover, in addition to all other remedies and awards to which it is entitled, its reasonable attorneys’ fees and costs incurred in connection with such action.