Last updated: February 9, 2025
General Information
The following Terms of Service (the "Agreement") are very important and require careful reading. Your acceptance of these "Terms of Service" indicates that you agree to be bound by them. This Agreement is between you and the Only Up website (hereinafter referred to as the "Website", "we", or "us") and applies to your use of our website, including any materials and services provided therein, as well as any subsequent websites thereof (the "Website").
By using this website, you agree to these Terms of Service and confirm that you are at least 16 years old. The terms "you" or "your" as used in this Agreement apply to the individual using the website.
It should be noted that this Agreement includes a mandatory arbitration clause, which is further explained in Section 11 below. This clause requires the use of arbitration on an individual basis to resolve disputes, rather than a jury trial or any other court proceeding, or any form of class action. Therefore, please read this section carefully.
Changes
We may revise this Agreement periodically, and we will notify you of such changes by any reasonable means, which may include posting the revised Agreement on the website. Any changes made shall not apply to any disputes between you and us that arose prior to the date we post the revised Agreement containing such changes or otherwise notify you of such changes.
Using this website after any changes to this Agreement indicates that you agree to be bound by the revised terms, and such continued use will be considered an irrefutable presumption of your acceptance of these changes. The last update date of this Agreement is indicated by the "Last Updated" legend above.
We reserve the right to modify or terminate all or part of this website (including access through any third - party links), and we may charge, modify, or waive any fees required to use this website. These fees will remain free in the foreseeable future. In addition, we may, at any time, offer opportunities to some or all website users without any liability.
Information Submitted through the Website
Submitting information through this website is subject to the Only Up website Privacy Policy, which can be found at https://only-up.org/page/privacy-policy (referred to as the "Privacy Policy"). By using this website, you acknowledge and agree to the Privacy Policy.
You confirm that any information you provide in connection with this website is accurate and complete, and you undertake that you will maintain and update such information as necessary. In the event of any discrepancy between this Agreement and the provisions of the Privacy Policy regarding personal data, the provisions of the Privacy Policy shall prevail.
Jurisdiction Issues
This website is controlled and operated within the European Economic Area and is not intended to subject us to the laws or jurisdiction of any area outside this region. Please note that this website may not be suitable for or accessible in certain jurisdictions. By using this website, you assume all risks and responsibilities, and you are responsible for complying with all applicable laws, regulations, and rules.
We reserve the right to restrict or limit access to this website, in whole or in part, to any person, geographical location, or jurisdiction of our choice at any time.
Business Rules
To use this website, you agree to abide by the following rules:
You shall not post, transmit, or provide through this website or in connection with this website any material that may threaten, harass, demean, intimidate, defame, libel, fraudulently misrepresent, or infringe on the rights and dignity of others; is obscene, indecent, pornographic, or otherwise offensive; or is protected by intellectual property rights without the prior express written consent of the owner.
You shall not use this website for any commercial purpose not authorized by the Only Up website, nor for any fraudulent, infringing, or illegal purpose.
You shall not collect information about website users, except as permitted by the Privacy Policy.
You shall not interfere with or disrupt the operation of this website or the servers or networks used to make this website available. This includes hacking or defacing any part of the website, or violating any server or network requirements, procedures, or policies.
You shall not restrict or prohibit any other person from using this website.
You shall not copy, modify, adapt, translate, create derivative works, sell, lease, rent, lend, time - share, distribute, or otherwise exploit any part of this website without our prior express written consent.
You shall not reverse - engineer, decompile, or disassemble any part of the website, unless such restrictions are expressly prohibited by applicable law.
You shall not remove any copyright, trademark, or other proprietary rights notices from this website.
You shall not frame or mirror any part of this website, or incorporate any part of this website into any product or service without our prior express written consent.
You shall not systematically download and store website content.
You shall not use any robot, spider, website search/retrieval application, or other manual or automated device to retrieve, index, "scrape", "data - mine", or otherwise collect website content, or copy or circumvent the website's navigation structure or presentation without our prior express written consent.
You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications, and other services required to use this website.
Monitoring
We may (but are not obligated to) monitor, evaluate, change, or delete content before or after it appears on this website. In addition, we may analyze your use and access of this website.
We may disclose information about your use and access of this website, including circumstances related to such use and access, to anyone for any reason or purpose, without prejudice to the Privacy Policy.
Third - Party Materials: Links
Certain website features may provide access to third - party materials, such as information, products, services, advertisements, and promotions provided by third parties through technologies such as iFrame, or allow the transmission of such materials through links. By using this feature, you direct us to access, route, and transmit the applicable third - party materials.
We do not control or endorse third - party materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety, nor are we responsible for any intellectual property rights related to such materials. Some third - party materials may be inaccurate, misleading, or deceptive. This Agreement does not represent or warrant any third - party materials, including cookies or web beacons for any purpose. We have no obligation to monitor third - party materials, and we may block or prohibit access to any such materials through this website at any time. The availability of third - party materials on this website does not imply our endorsement of any provider of such materials or an affiliation, nor does it create any legal relationship between you and any such provider.
Note: You will use third - party materials at your own risk and be subject to any additional terms, conditions, and policies applicable to such materials, such as the terms of service or privacy policy of the provider of such materials.
Disclaimer
To the maximum extent permitted by applicable law: (A) this website, as well as any products and third - party materials, are provided to you "as is", "with all faults", and "as available", without any warranties, whether express, implied, or statutory; and (B) Only Up WEBSITE does not provide any warranties for this website, as well as any products and third - party materials, including warranties of merchantability, fitness for a particular purpose, non - infringement, and title.
Although we strive to ensure the timeliness, security, and accuracy of this website, we cannot guarantee that this website will remain updated, complete, correct, or secure, nor can we guarantee that access to this website will not be interrupted. This website may contain errors, inaccuracies, and materials that violate this Agreement, and unauthorized third - party changes to this website may occur. If you discover any such changes, please contact us at [email protected] and provide a description of the changes and their location on the website.
Filtering
Please note that commercially available parental control protection measures (such as computer hardware, software, or filtering services) can help you restrict access to content that is harmful to minors. You can access information about current providers of such protection at https://en.wikipedia.org/wiki/Comparison_of_content - control_software_and_providers.
Please note that the Only Up website does not endorse any of the products or services listed on the above - mentioned website.
Information or Complaint
If you have any questions or complaints about this website, you can send an email to [email protected].
Copyright Infringement Claims
If you believe that a certain material provided on this website infringes your copyright, you (or your agent) can send us a written notice by express delivery, mail, or email, requesting us to remove such material or block access to it. Similarly, if you sincerely believe that someone has wrongly submitted a copyright infringement notice against you, you can send an email to [email protected].
We recommend that you seek legal advice before submitting any notice or counter - notice.
Miscellaneous
This Agreement shall not create, nor shall it be construed as creating, any partnership, joint venture, employer - employee, agency, or franchisor - franchisee relationship between you and the Only Up website. If any provision of this Agreement is held to be illegal, invalid, or unenforceable for any reason, such provision shall be deemed separate from this Agreement, and its deletion shall not affect the validity or enforceability of any remaining provisions. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express written consent. However, we reserve the right to assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without any restrictions.
The waiver by any party of any breach or non - performance under this Agreement shall not be deemed a waiver of any prior or subsequent breach or non - performance. Unless otherwise stated, all defined terms used in the singular shall have the same meaning when used in the plural. Any instance of the word "including" or its variants in this Agreement shall be construed as being followed by the words "but not limited to".
This Agreement, together with any terms and conditions contained herein, constitutes the entire agreement between you and the Only Up website regarding the subject matter and supersedes any prior written or oral agreements or understandings between you and the Only Up website regarding this matter. Any notice sent to you, including notice of changes to this Agreement, may be sent by email or regular mail, or may be posted on the website (including through a link). For the avoidance of doubt, a printed version of this Agreement and any electronically transmitted notice will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form.
The Only Up website shall not be liable for any failure to perform any obligation due to causes beyond its control.
