Lupn, Inc. Terms and Conditions

Effective as of October 02, 2017. Last updated on September 04, 2017.


Agreement Between User and Lupn, Inc. for Lupn Inc.’s Products

These terms and conditions of use (the “Agreement”) govern your use of Lupn, Inc.’s (“Lupn”) software, products, and/or services (collectively, “Products”) and any information or content appearing on or through the Products (collectively referred to as “Content”). The www.lupn.co website (the “Site”) and the Lupn mobile app (the “App”) are comprised of various web pages operated by Lupn, Inc (“Lupn, Inc”). The Site and App are offered to you conditioned on your acceptance of this Agreement, without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site and App constitute your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Subject to this Agreement and any agreement entered into by your institution relating to the Products, Lupn grants you a limited, non-exclusive, non-transferable, license to access and use the Products. You shall not (a) copy the Product or any part, feature, function or user interface thereof (b) use the Product to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights (c) attempt to gain unauthorized access to the Product or its related systems or networks; or (d) reverse engineer the Product (to the extent such restriction is permitted by law).

You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Products or Content.

The Site is an online communication and publishing platform. Lupn Content Creators Tool allows users to create and send announcements. The App allows users to receive and browse those announcements.

Privacy

Your use of the Site is subject to Lupn’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and App and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to Lupn constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site and App, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Site or App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Lupn is not responsible for third party access to your account that results from theft or misappropriation of your account. Lupn and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Lupn does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Third Party Services and Links to Third Party Sites

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Lupn, and Lupn is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Lupn is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lupn of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that Lupn may share such information and data with any third party with whom Lupn has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.

No Unlawful or Prohibited Use of Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement. As a condition of your use of the Site or App, you warrant to Lupn that you will not use the Site or App for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site or App in any manner which could damage, disable, overburden, or impair the Site or App, or interfere with any other party’s use and enjoyment of the Site or App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or App.

All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site or App, is the property of Lupn or its suppliers, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You agree to not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or App. Lupn content is not for resale. Your use of the Site or App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Lupn and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Lupn or our licensors, except as expressly authorized by this Agreement.

The Products are licensed, not sold, to you under this Agreement and, except for the express limited license rights granted to you in accordance with this Agreement, no right, title, or interest in or to any Lupn intellectual property is granted or otherwise transferred by Lupn in connection with this Agreement. Lupn shall have, and you hereby grant to Lupn, a royalty-free, perpetual, worldwide, non-exclusive, irrevocable right to use or incorporate into the Products or any specifications, without restriction or obligation, any suggestions, enhancements, recommendations, or other feedback provided by you with respect to the Products.

Use of Communication Services

The Site or App may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Lupn has no obligation to monitor the Communication Services. However, Lupn reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Lupn reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Lupn reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lupn, Inc’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Lupn does not control or endorse the content, messages or information found in any Communication Service and, therefore, Lupn specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Lupn spokespersons, and their views do not necessarily reflect those of Lupn.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to the Site or Posted on Any Lupn Web Page

Lupn does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input, or submit to any Lupn website or application, including the Site and App, or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Lupn, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Lupn is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lupn’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

International Users

The Service is controlled, operated and administered by Lupn from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Lupn Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Lupn, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site and App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Lupn reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lupn in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning this Agreement, or any of its provisions, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding or arising out of this Agreement, whether directly or indirectly, including Tort claims. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUPN OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITE AND APP AT ANY TIME.

LUPN OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE AND APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LUPN OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUPN OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE AND APP, WITH THE DELAY OR INABILITY TO USE THE SITE AND APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE AND APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LUPN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR APP.

Termination

Lupn reserves the right, in its sole discretion, to terminate your access to the Site or App and the related services or any portion thereof at any time, without notice.

Choice of Law

To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site or App.

Access Restriction

Use of the Site or App is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lupn as a result of this Agreement or use of the Site or App. Lupn’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Lupn’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or App or information provided to or gathered by Lupn with respect to such use.

Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Lupn with respect to the Site and App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Lupn with respect to the Site and App.

Admissibility of Agreement

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Lupn reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Lupn encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Lupn welcomes your questions or comments regarding the Terms or this Agreement:

Lupn, Inc 
P. O. Box 4413 
Glendale, California 91222

Email: info@lupn.co