Terms of Service

YOUR USE OF AND ACCESS TO UPART WEBSITE AND IT’S PRODUCTS AND SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS.

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1. Introduction

Welcome to the User Agreement for UPART.club. The UPART service, website and applications (collectively, “UPART” or “the Service”) are operated by UPART Inc. and its corporate affiliates (collectively, “us”, “we” or “the Company”). This Agreement describes the terms on which you may access and use our services. By accessing or using our web site at www.UPART.club (“Site”), you (the “User”) signify that you have read, understood and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of UPART (“Member”).

In the event of any inconsistency between the UPART Privacy Policy and this Agreement, the Agreement shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use or access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting the amended terms on this website. Your continued use of the Site indicates your acceptance of the amended Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

2. Eligibility

Membership in the Service is void where prohibited. The UPART Service is not available to minors under the age of 14 or to any users suspended or removed from the system by UPART for any reason. Users should not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your UPART account to another party. If you do not qualify, you may not use the UPART Service.

3. Your Right and Obligations

Registration Details and Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete; and (c) you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge.

Agreement and Warranty

Although as an online service provider, we are not responsible for the conduct of our users, we want UPART to be a safe place on the internet. Therefore, in using UPART you represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Service or the Site to:

  1. Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
  2. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes, but is not limited to a) Using UPART to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and b) Sending messages to distribution lists, newsgroup aliases, or group aliases.
  3. Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
  4. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; use automated scripts to collect information from or otherwise interact with the Service or the Site; register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity.
  5. Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, uploading photographs of celebrities in your profile, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  6. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.
  7. Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another.
  8. Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Site. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
  9. Sell, rent, or otherwise provide your contacts/other users contact information to any third party for marketing purposes. Further you cannot use your contact/other users’ contact information for marketing purposes.

Global Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

User Content Posted on the Site

We do not claim any ownership of the User Content. You the user may have an option to mark the content you upload as Private (Private Content) or allow it to be used by other users of the Site (Public Content), Free or Paid content. In case of Public Content, including but not limited to your public profile, comments, messages, notes, text, documents, presentations, videos, animation files, listings, and other content, you automatically grant, and you represent and warrant that you have the right to grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Public User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Public User Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site (subject to such limitations, if any, that may apply with respect to Private Content) a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, and display such Content as permitted through the functionality of the Site and under these Terms of Service. You may remove your User Content from the Site at any time. However, you acknowledge that in case the User Content was Public in nature the Company or Users may retain such Content in their own accounts. Further you also acknowledge that the Company may retain archived copies of your User Content whether Public or Private.

Specific Rules for Teachers

When you publish a class on the Site, you agree to the following rules:

You will honor any enrollments through UPART at the price and time listed in the Service, and not to refuse enrollments or participation by any student for any discriminatory or other illegal reason.

You grant us the right to place advertisements on your content at our sole discretion.

Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.

You represent and warrant to UPART that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.

You understand that, if you teach a class, your students will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.

You may choose to remove content from your class and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for or enrolled in your class.

You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.

You agree that you will not submit content to UPART that violates the UPART Community and Class Guidelines, which may be occasionally updated.

UPART reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.

Specific Rules for Students

When you enroll in a class on the Site, you agree to the following rules:

You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a class on UPART.

You will follow all reasonable rules set by a teacher with respect to a class, and you will not take any actions to interfere with the teacher or any other students in the class.

You may access class content for your information and personal use only.

You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the teacher’s ongoing relationship with any students participating in such class.

UPART reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.

Fees & Payment

You agree that UPART may charge to Your credit card or other payment mechanism selected by You and approved by UPART (“Your Account”) all amounts due and owing for the Services, including Service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. UPART may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that UPART will provide you with prior notice and an opportunity to terminate Your Account if UPART changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event UPART is unable to collect the fees owed to UPART for the Services through Your Account, UPART may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by UPART in connection with such collection activity, including collection fees, court costs and attorneys’ fees.

Teacher Payments

Teachers may earn revenue by publishing classes or offering additional services through UPART.

UPART distributes at least 50% of its monthly recurring revenue from membership to UPART Teachers on a monthly basis

UPART reserves the right to withhold or cancel payments to Teachers if it deems, in its sole judgment and absolute discretion, that the Teacher engaged in behavior that violated any part of this Agreement.

Refund Policy

Memberships

You may cancel your membership in accordance with this Terms of Service.

If you purchased content or course offered with a 14-day money back guarantee, you will be entitled to a full refund upon cancellation by contacting us to request a refund. Once your refund is confirmed, you will lose all access to your UPART membership. UPART has no obligation to consider or grant refund requests (i) for subscription plans purchased with a 7-day or longer free trial; (ii) that do not occur within the first fourteen (14) days of your membership or (iii) if there has been a violation of our Terms of Service or our Community Guidelines or fraud. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 14-day money back guarantee.